Criminology The Basics - Sandra Walklate
Criminology The Basics - Sandra Walklate
com
“Written by an eminent criminologist, this book provides students with one
of the field’s most thoughtful and comprehensive surveys of the extant
criminological literature. Students will certainly enjoy reading Dr
Walklate’s offering and instructors will greatly appreciate its pedagogical
value. I highly recommend this book to anyone who teaches introductory
criminology courses.”
OceanofPDF.com
CRIMINOLOGY
OceanofPDF.com
The Basics
ANIMAL ETHICS
TONY MILLIGAN
ANTHROPOLOGY OF RELIGION
JAMES S. BIELO
BRITISH POLITICS
BILL JONES
CAPITALISM
DAVID COATES
CHRISTIAN THEOLOGY
MURRAY RAE
FORENSIC PSYCHOLOGY
SANDIE TAYLOR
JAPAN
CHRISTOPHER P. HOOD
SPORT MANAGEMENT
ROBERT WILSON AND MARK PIEKARZ
OceanofPDF.com
CRIMINOLOGY
THE BASICS
THIRD EDITION
Sandra Walklate
OceanofPDF.com
Third edition published 2017
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
711 Third Avenue, New York, NY 10017
OceanofPDF.com
Contents
1 What is criminology?
Introduction
What is crime?
The emergence of criminology as a discipline: The European connection
The criminological other
The development of criminology as a discipline: The American
connection
Summary
Victimology: The holocaust connection?
The victimological other
Summary
Criminology, criminological perspectives, and Harold Shipman
Psychiatry and crime: Inside the subconscious mind
Psychology and crime: The search for individual differences
Sociology: Outside the criminal mind
Feminism, serial killers, and masculinity
Summary: What have we learned?
Conclusion: Thinking critically
Exercise
Recommendations for further reading
2 Counting crime
Introduction
Official information about crime: Criminal statistics
The three ‘R’s: Recognising, reporting, and recording
Official information about crime: Criminal victimisation statistics
The fourth ‘R’: The respondent
Criminological research knowledge
Making sense of the ‘fear of crime’: Meaning and understanding
Self-report studies
Other records
Summary
Counting ‘invisible’ crimes
The problem of comparison
The problem of attrition and the ‘justice gap’
Summary and conclusion
Exercise
Recommendations for further reading
7 A question of justice
Introduction
What is justice?
Natural justice
Due process
Crime control
Social justice
Exercise
Criminal justice systems
Criminal justice: Underlying principles
Criminal justice: Discretion
Summary
Criminal justice and victims: Therapeutic justice
Exercise
Conclusion
Exercise
Further reading
Glossary of terms
Bibliography
Index
OceanofPDF.com
LIST OF FIGURES AND TABLES
Figures
Tables
OceanofPDF.com
PREFACE AND ACKNOWLEDGMENTS
Third edition
This book is intended to introduce both the lay reader and the prospective
student to the issues and dilemmas that exist within the discipline of
criminology. As hopefully the reader will discover, criminology is not an
easy or a straightforward area of analysis to distil into one basic format. It is
not like politics or sociology. They are disciplines whose basic concepts and
ways of thinking (like political institutions, concepts of justice, or voting
behaviour in the case of politics, or the structure of society, social class or
questions of identity in the case of sociology) are agreed upon by those
working within them. The debates that exist within those disciplines reflect
how to make best sense of the polity on the one hand or society on the
other. Criminology is different. It is an area of analysis that is not
constituted by an agreed upon set of concepts or ways of thinking but is
constituted by its subject matter: crime. As a result, psychologists,
sociologists, lawyers, and politicians all claim to have something to say
about crime but they do not all speak the same language or necessarily
share in the same understanding of what counts as crime. So trying to offer
a ‘basic’ introduction to an area of analysis like this is neither easy nor
straightforward.
There is, of course, another difficulty here if the reader thinks about the
question of what counts as crime. Whilst those interested in politics,
sociology, or psychology can talk to each other across cultures (language
difficulties notwithstanding) because they share in a common understanding
of their discipline, criminologists do not find that so easy because what
might be criminal in one country is certainly not in another. As a result, the
problems for the discipline and the policies that might flow from the focus
of the discipline in different countries can vary enormously. A book like this
cannot capture all of this diversity. This book is written by someone who is
most familiar with the discipline of criminology as it has unfolded in the
U.K. over the last 30 years, and as a consequence, it is inevitably Anglo-
centric. In addition, because the author works within a sociological frame of
reference and has spent much of her time working with and on victims of
crime, that too structures what has been included and excluded from what
might be considered ‘basic’. The reader should therefore read the pages that
follow with these issues very much in mind. All of these observations
notwithstanding, it is certainly hoped that the reader gets a sense of the
challenges offered by criminology as an area of investigation. A challenge
that should at a minimum leave the reader with a sense that common sense
and media presentations of crime, the criminal, and the victim are often
misplaced, but hopefully with much more than this. The overall intention is
to encourage the reader to think critically about what it is that the media and
politicians have to say about crime and in thinking critically, to tempt you
to read, or study further, about the issues that this book raises for you. If
you are reading this book to look for answers then you will be disappointed!
My thanks go to the anonymous reviewers who offered comments on the
second edition and who took the time and the patience to offer me valuable
feedback on its strengths and weaknesses. Their independent comments
have proved to be invaluable in putting this edition together. I would also
like to acknowledge the support of Hannah Catterall and Tom Sutton at
Routledge who waited patiently for the delivery of this third edition. The
faults that remain are my own.
Professor Sandra Walklate
Clawddnewydd
March 2016
OceanofPDF.com
1 WHAT IS CRIMINOLOGY?
INTRODUCTION
WHAT IS CRIME?
Again, this seems an obvious question to ask. We ‘all know’ that crime is
behaviour that breaks the law. However, is it so straightforward? Even the
Sage Dictionary of Criminology (2006) makes it clear that what we mean
by ‘crime’ is highly contested. So what might that contest look like? If we
take law breaking behaviour as the starting point for our understanding of
what we mean by crime, and thereby what it is that criminologists study,
then this raises at least three issues.
• First, if it is the law that defines what it is that is criminal this clearly
separates what we mean by the criminal from the rather more
emotional use of the term. This in some respects is a useful starting
point though it is not without its problems. The term criminal can, on
the one hand, prejudge the guilt or innocence of the offender, and on
the other it can also tap into notions of ‘wickedness’ or ‘evil’ doing. In
these respects, it may be more helpful to say that criminologists are
interested in law breaking behaviour. However, this definition is in
itself problematic because it gives a status to the law as though this
were above social processes that lie behind the formation of the law,
for example, levels of tolerance and acceptability of different
behaviours. This is clearly not the case.
• So, second, making what is and is not legal the defining characteristic
of what it is that criminologists study places the law at the centre of the
criminological stage. The law defines what is and is not a crime.
However, it must be remembered that over time laws change. Some
behaviours are newly defined as criminal (law breaking) others are
decriminalised (defined as non-law breaking). (Think, for example,
about the changing legal status of ‘being gay’ over time and in
different places). This being the case, the key question that follows is
what processes produce such changes? Moreover, who influences such
changes and how are they implemented? Is it an understanding of these
processes that produces an understanding of crime? This is quite a
different question than a psychologist interested in crime might ask.
They might be much more interested in what kinds of personality types
predispose some individuals to engage in criminal behaviour. Such
behaviour might occur, of course, regardless of the actual content of
the law but may nevertheless be problematic (this is what sociologists
call ‘deviant’ behaviour).
• However, there is a third difficulty in taking the law as defining what
is crime. If this is taken as the defining characteristic of the criminal,
does that mean that criminologists then can only legitimately study
those who have been found guilty of transgressing the law? For many
criminologists, this kind of position would prove to be highly
problematic given its inherently narrow focus on those individuals who
have been caught and successfully prosecuted.
• Following on from this, a fourth problem might be the extent to which
crime has a reality above and beyond the processes that bring crime
into being: the law and the criminal justice process. This has led some
criminologists to argue that because this is so variable in different
social contexts crime has no real meaning outside of those contexts.
For them, sometimes referred to as zemiologists, harm matters more
than crime and we shall return to this later in this book.
So from this discussion it can be seen that what counts as crime and thereby
what criminologists study is neither consistent nor uniform. Moreover, if
the focus of criminology is law-breaking, then this will vary from country
to country and over time. Putting all of this together with the different ways
in which people think about what counts as crime, we can identify at least
six different understandings of what crime is.
Figure 1.1 illustrates some of the different ways in which crime can be,
and has been, defined by criminologists. As can be seen, they each in their
different way take the law as a starting point for their understanding of
crime but only the legal understanding takes the criminal code as the
definitive start. Figure 1.1 also illustrates the way in which these different
definitions harness different understandings of what Henry (2006: 78), a
North American criminologist, has called the determining elements of
crime. He suggests that there are three:
1. Harm (nature, severity, extent of the act committed, and/or the kind of
victim the act has been committed against).
2. Social agreement or consensus (the extent to which there is social
agreement that the victim has been harmed).
3. Official societal response (whether or not there is a law that specifies
the act committed as a crime or not and how those laws are enforced).
If we put these lists together, then it is clear to see that the discipline itself,
if it has claims to such a title, is not only wide-ranging but also highly
stimulating and frustrating in the debates that it generates.
In this book we shall be taking primarily a sociological orientation to
understanding criminology and in so doing we will cover issues that include
problems of measurement, understanding the victim of crime, and looking
at the relationship between criminology and crime prevention amongst
other issues. However, there is one over-riding concern that is implicit to all
of the lists above and in much of criminology. That concern is with trying to
identify and understand the causes of crime.
As Figure 1.1 implies, the importance of formulating a general theory of
crime has led different versions of criminology to resolve the question of
what is crime in different ways, pointing to not only its multidisciplinarity
but also to its theoretical diversity. This emphasises the highly contested
nature of the discipline and what it is that criminologists study. In an effort
to unravel some of this complexity, we shall now consider the history of
criminology in more detail. In order to do that, it is important to appreciate
and understand a central feature that has underpinned much criminological
work: positivism.
These ideas underpin the work of one of the most famous and influential
criminologists of the nineteenth century, the Italian prison psychiatrist,
Cesare Lombroso.
Lombroso is probably best described as a criminal anthropologist whose
work was very much influenced by the ideas of Charles Darwin. Darwin’s
theory of evolution has one key law: the law of biogenetics. This law states
that every organism revisits the development of its own species within its
own developmental history. Hence, the human embryo goes through various
stages of development before reaching its humanoid state. However, not all
organisms reach the state predicted by their biological origin; sometimes
there are abnormalities. Darwin referred to this as a state of ‘atavism’: a
throwback to an earlier stage of development. These ideas in general, but
the notion of atavism in particular, appealed to Lombroso in his efforts to
understand and explain the criminal. This emphasis resulted in a strand of
thought referred to as biological positivism.
Whilst working in the prison environment, Lombroso made systematic
observations of prisoners. He noted that criminals shared a number of
common physical attributes: sloping foreheads, receding chins, and
excessively long arms are a few of them. On the basis of these observations,
he constructed four criminal types: the insane, the opportunist, the
passionate, and the born criminal, all of whom shared differently in the
characteristics he observed but only one of them, the born criminal,
constituted the true atavistic type. In other words, what Lombroso was
doing was borrowing Darwin’s ideas and applying them to his observations
in order to offer a general explanation of criminal behaviour. Criminals
were criminals because they were throwbacks to earlier biological forms
that were manifested in physical or mental attributes and resulted in
criminal behaviour.
However odd these ideas might sound in contemporary terms (and it
should be noted that some people would still agree with them) it should be
remembered that these ideas led to rather more liberal interpretations of
punishment. These criminals may be different (differentiation), may be
abnormal (pathology), but they were subject to forces outside of their
control (in this case determined by their biology) and therefore
imprisonment might be a more appropriate punishment than execution, for
example. Moreover, Lombroso’s work set an important agenda for
criminology the legacy of which can still be felt contemporarily in two
ways; first, in the continuing presence of biological positivism and second
in ideas around who is, and who is not, likely to be criminal: the Criminal
Other. These ideas were particularly pertinent in constructing
understandings of female criminal behaviour as we shall see. Looking to
biological explanations of human behaviour is, of course, not peculiar to
criminology and much work through the early part of the twentieth century
took biology as its general starting point for the explanation of all kinds of
behavioural and mental abilities. Indeed, other criminologists, following
Lombroso produced a range of different understandings of the relationship
between biology and crime. For example, some focused on body type and
criminal behaviour, some on the relationship between chromosomal
abnormalities and propensity for criminal behaviour (especially violent
crime), others on understandings of the relationship between personality
type (as an innate feature of a human being) and criminal behaviour, and
more recently some have made observations on the variations in brain wave
imaging available from neuroscience and criminal behaviour. All of which
share in common with Lombroso the three concerns of differentiation,
pathology and determinism.
Perhaps one of the most influential expositions of this kind of work, in
the policy arena in recent years has been the work of the North Americans
Wilson and Herrstein. Their book Crime and Human Nature published in
1985 argued that there were three factors that contributed to criminality: an
individual’s constitution (i.e. their biological make up), the social and
psychological reinforcers they were or were not exposed to (reflecting a
particular understanding of the process of socialisation) and their
conscience (how guilty they felt or did not feel in relation to their
behaviour). Whilst more complex than the ideas of Lombroso of a century
before, biology is still clearly present. Indeed some have argued that the
work of Wilson and Herrstein provided the intellectual support for the rise
in the use of imprisonment as a punishment in the United States from the
late 1980s onwards. The importance of this biological legacy, however, lies
in our understanding of who is assumed to be criminal and who is not. Put
another way, biological positivism puts some crimes and criminals at the
centre of the criminological agenda and ignores others. This is sometimes
referred to as the construction of the ‘Criminological Other’. We shall
explore this more fully.
On the face of it, biological positivism tells us quite clearly that the criminal
is different than us, and that those differences are observable and
measurable. However, there is a deeper understanding of who this
(different) criminal is clearly derivable from the work of Lombroso. That
understanding can be constructed if we revisit the ideas of Darwin for a
moment. The biogenetic law referred to earlier has some assumptions
deeply embedded within it. Put simply, for Darwin the pinnacle of
evolutionary development is the white, Caucasian, heterosexual male.
Women for Darwin, for example, were closer to nature (because of their
childbearing capabilities) and were therefore less advanced than men. He
went so far as to say that they suffered from ‘arrested development’ because
of their biology. So when Lombroso came to study the female offender with
his colleague Ferraro, they took this presumption as their starting point, i.e.,
that women were arrested in their development in some way. So if the male
criminal was a throwback (that is, atavistic) in Lombrosian theory, the
female criminal suffered a double biological blow. Already suffering from
arrested development through being female, she was also a throwback
(atavistic) as an offender: a real monster! The female offender then is
doubly deviant. This is part of the deeper structure of the Criminal Other
that has left its mark on criminology as a discipline and suggests boundaries
about who can and cannot be criminal.
Of course, what is also embedded in the work of Darwin and Lombroso
are wider anxieties associated with the intellectual climate of the nineteenth
century, a time of huge social, economic and political upheaval. However,
the assumptions rooted in these anxieties are still to be found in our current
everyday thinking. This is thinking that reflects a tendency to divide the
world into two; male/female, normal/abnormal, rational/irrational,
culture/nature. These are some of the divides familiar to us. In the context
of biological positivism within criminology, this kind of divide presumes
that the difference between men and women, for example, are natural
differences; given by nature and that women, by definition, are less well
developed than men. As a result, women form part of the Criminological
Other, that is, marginal to the concerns of the discipline and outside of its
understanding. Biological positivism reflects a deeply rooted assumption
that the criminal is always male. However, this is not the only version of
positivism to have had a profound effect on the discipline. Sociological
positivism, that we shall discuss next, substitutes the social for the
biological and creates a different, though connected, image of who is and
who is not likely to be a criminal and therefore a focus of concern for the
discipline.
The origins of victimology are usually located in the work of Von Hentig
and Mendelsohn. They were two émigré lawyers cum criminologists who
worked in the United States in the late 1940s. Like many other like-minded
intellectuals of the late 1940s and the 1950s who found themselves in the
United States as a consequence of the Second World War, they were
perplexed by the events that had happened in Germany. This led Von Hentig
and Mendelsohn to think about the dynamics of victimisation, though being
lawyers how they understood those dynamics was very much at the level of
the individual and very much informed by their legal training. It is also
possible to see the influence of early criminological thought reflected in
their work.
Both of these theorists were concerned with developing ways of thinking
about the victim that would enable the victim to be differentiated from the
nonvictim. In other words, both were clearly suggesting that there is a
normal person that when the victim is measured against them, the victim
falls short. In order to achieve this kind of understanding, they each
developed victim typologies. Von Hentig’s typology worked with a notion
of ‘victim proneness’. He argued that there were some people, by virtue of
their structural characteristics, who were much more likely to be victims (in
this case, of crime) than other people. These he identified as being women,
children, the elderly, the mentally subnormal, etc. (He had 13 categories in
all.) Thinking about this categorisation critically, it is possible to see that
Von Hentig thought the normal person was the white, heterosexual male.
Similar presumptions to those of Lombroso discussed earlier, though Von
Hentig does not suggest that there is a ‘born victim’ that parallels the idea of
a ‘born criminal’. Von Hentig’s ideas have been influential and are most
keenly identified in the concept of ‘lifestyle’ that has informed much
criminal victimisation survey work. (See below.)
Mendelsohn adopted a more legalistic framework in developing his
typology. His underlying concept was the notion of ‘victim culpability’.
Using this concept he developed a 6-fold typology from the victim who
could be shown to be completely innocent, to the victim who started as a
perpetrator and during the course of an incident ends as the victim.
Arguably his typology is guided by what might be considered a reasonable
or rational way of making sense of any particular incident in the context of
the law. Given the law as a starting point, it is possible to suggest that his
understanding of reasonable also equates with that which the white,
heterosexual male would consider to be reasonable. This is especially
demonstrated in the later work that was generated from Mendelsohn’s ideas,
in which victim culpability is translated into ‘victim precipitation’ as we
shall see with the work of Amir (1972) discussed below.
From these beginnings the concepts of lifestyle and victim precipitation
have formed the core of much traditional victimological work and illustrate
what Miers (1989: 3) has called a positivistic victimology.
This he defined as:
Summary
The increasing policy interest in the victim of crime has widened the
agenda for how criminologists spend their time and the kinds of
questions they might be interested in. From the discussion above it can
be seen that feminism has played its part in extending this agenda
significantly. So much so, that in the contemporary context it would be
difficult for any academic criminologists to deny the importance of
gender as a key factor in predicting engagement in criminal behaviour
and as a key factor in understanding response to victimisation. Though as
the previous paragraph suggests, the question of understanding men’s
reaction to victimisation is not as central to criminological concerns as
their propensity to engage in crime. In conclusion then it might be fair to
say that whilst the (working class) male, and given the likelihood that
people from ethnic minorities are much more likely to find themselves at
the lower end of the social hierarchy, this also invariably means the
working class, ethnic minority male, is highly visible as the criminal,
they are much less visible as the victim. Hence in the terms of this
chapter: the Criminological Other is for the most part middle class and
female, the Victimological Other is the white and ethnic minority,
heterosexual male.
The purpose of this book is, of course, to unpick the implications of
the last statement in much more detail, but it is hoped that this statement
has also introduced the reader to another important aspect of academic
criminological work that makes it very different from media images of
crime, the criminal, and the victim. That is its commitment to exploring,
in a critical and sometimes provocative manner, common sense
knowledge about crime. The importance of critical analysis is perhaps
best demonstrated through the use of a case study and we shall do this
here by considering the case of the U.K. serial killer Harold Shipman.
Serial killing is a popular subject matter for films and television series,
so this case study will help us think about what criminologists from
different disciplinary backgrounds might offer as an explanation of
Shipman’s behaviour as opposed to mediated representations. It will also
help us think about the Criminological and Victimological Other that we
have discussed in this chapter thus far.
Holmes and Holmes (1998) have put a good deal of that data together in
such a way that they have been able to construct a typology of serial killing.
Based on this typology it is possible to suggest that Harold Shipman fits
into the last type. The problem here is, however, that he never admitted to
any of his crimes and never allowed himself to be subjected to psychiatric
investigation, so this conclusion has to be pure guess work. Nevertheless,
psychiatry is often considered to be the best place to start in making sense
of serial killers, and following this tradition the inquiry that was set up to
investigate how he managed to commit so many murders invited a team of
psychiatrists to offer some analysis of him. So we shall draw upon some of
their observations here.
Figure 1.2 A typology of serial killing: based on the work of Holmes and
Holmes (1998).
Many of Shipman’s patients report him as having a very good ‘bedside
manner’, especially with the elderly. However the inquiry report also
comments that he was aggressive, conceited and arrogant as well as
dishonest. In the words of the inquiry report, ‘he was a consummate and an
inveterate liar’. The psychiatrists consulted by the inquiry team suggest that
these personality traits may be indicative of someone who is rigid and
obsessive, who may have difficulty in expressing their emotions and may
also suffer from low self-esteem. They also suggest that he may have felt
threatened when unable to control events and so reacted in such a way as to
assert control. They also go on to hypothesise that he may have gained a
‘buzz’ from the association with death, and, given the addictive pleasure of
this may have had a ‘need’ to kill with his final act of forging the will of his
last victim (the only case in which there was any obvious indication of a
possible financial reward) representing a ‘subconscious’ desire to be caught.
The reader can get a good feel from this summary of responses to the
Shipman case both as to how a psychiatrist might begin to make sense of
his criminal behaviour and the extent to which that sense fits, or does not fit
with the typology, outlined above. The question of control and hedonism
both feature in these opinions but as has been said before, the puzzle
remains because Shipman refused to talk. Other psychiatric approaches
have made much of his relationship with his mother: he watched her die
from cancer as a 17-year-old youth, and of his relationship with his wife,
who remained loyal to him throughout. However, again, nothing can be said
definitively on either count, with his wife also, thus far, having refused to
talk about their relationship. So psychiatry, in this case, can offer us some
clues, but no answers. But what might a different discipline do with Harold
Shipman?
These are good questions for a sociologist but a sociologist will also think
about how the particular socio-cultural setting in which serial killers have
found themselves might have contributed to the kind of crime they
committed and who the victim of such crime might be.
In the case of Harold Shipman, such a view would pay just as much
attention to the social characteristics associated with the position in which
he found himself as much as seeing those characteristics as part of his
individual personality. So, if we revisit the comments made about his
personality above, for example, his arrogance, this might have been given
particular expression to as a result of his training in the medical profession
and the social characteristics more generally associated with that
profession. Moreover, his desire to play ‘master of ceremonies’ at the scene
of some of the murders he committed could also be attributed to the social
expectations associated with the role of the medical profession in which
being in control and taking control are divided by a fine line. Of course, his
access to his murder ‘weapon’, drugs, is wholly explicable by reference to
his profession, and the effectiveness with which he remained free from
suspicion for so long is again totally explicable by reference to his chosen
profession. If we turn to his choice of victim, mostly elderly females living
on their own, this too can be explained by reference to his profession. The
doctor/patient relationship is one that is not only confidential it is also
rooted in trust: another concept around which there are all kinds of social
expectations. The fact that people commented on his ‘bedside manner’ in
relation to the elderly in particular, adds to the importance of understanding
the social processes that both facilitated his activities and enabled him to
remain above suspicion. Of course, they do not explain his individual
motivation, but they do help us understand the processes whereby his
activities could take place.
This chapter has been concerned with introducing the reader to some basic
features of criminology as a discipline, to be aware of the historical
development of those features and their contemporary relevance. In the
process of doing this, the reader has been introduced to two important ideas:
the Criminological Other and the Victimological Other. These ideas are
intended to encourage the reader to think critically about the traditional foci
and boundaries associated with each of these areas of analysis. For
example, in our discussion of the Criminological Other, it was argued that
criminology has spent much of its time and effort on thinking, researching
and writing about the lower class, predominantly ethnic minority male,
leaving the white middle class male and virtually all women free from the
criminological gaze. These latter two groups and women in particular,
constitute the Criminological Other: they are outside of the discipline’s gaze
and also, for the most part, outside of the policy gaze. This does not mean
that women do not commit crime (we all know they do) or that middle class
men do not commit crime (again, we all know they do and Shipman
constitutes a very good case in point). Moreover, there are criminologists
who study both. However, it does mean that these groups, and their
behaviours, are in the background, not quite wallpaper but certainly not
constituted as the criminological problem, in the same way in the discussion
of the Victimological Other it was argued that men were outside of our
understanding of victimisation, and women, especially elderly women, were
quite central to the conventional victimological gaze. As it happens, the
centrality of elderly women fits very well with the Shipman case, but it
should be remembered that they were not victims of reckless, young,
working class males as media images might suggest, but victims of a well-
respected, white, middle class male whom they trusted.
So, in conclusion, it is just as important for the prospective student of
crime and criminology, not only to think critically about the media
presentations of crime, but also to think critically about how criminologists
and policy makers make sense of such behaviour, by always asking who is
included here, who is excluded, and why. These are themes that we shall
return to in the chapters to follow. In the next chapter, we shall consider the
different sources of knowledge available to criminologists about crime.
EXERCISE
As a way of encouraging the reader to ‘test out’ your own critical thinking,
read the following resume of a recent case in France (presented below) and
make a note of your answers to the questions that follow.
In January 2008 the Societe Generale Bank in France announced a
trading loss of 4.9 billion euro ($6.8 billion) attributed to the activities of
one trader, Jerome Kerviel. In October 2010, Jerome was found guilty of
breach of trust, forging documents and computer hacking and was ordered
to five years imprisonment (two years suspended) and to repay the losses to
the bank. After several appeals his conviction was upheld in October 2012.
However, in March 2014 a French High Court upheld the prison sentence
but rescinded the order to pay the money back. He was released from prison
in September 2014 and ordered to serve the rest of his sentence wearing an
electronic tag and under evening curfew. He has since regained employment
in systems security. In his defence it is reported that, in taking bets on the
future direction of the markets, he took no money for himself but was
motivated to boost his bonus and to make money for the bank. His defence
also suggested that the bank turned a ‘blind eye’ towards his activities.
You can use the Internet to search for more information about this case
should you wish to, but in the light of the above:
Reflect in the different ways these perspectives have been used in relation
to the Shipman case to inform your answers.
2. In what ways, if at all, does this case challenge or confirm the idea of
the criminological other?
3. Who, if anyone, was the victim here?
4. What other issues does this case lead us to think about in terms of what
counts as crime and what criminologists might be interested in
studying?
5. This is an example from France. How common do you think these
kinds of experiences might be in other jurisdictions?
6. How well do you think you have done?
In the book edited by Hale, C., Hayward, K., Wahidin, A., and Wincup, E.
(2013 3/e) Criminology (Oxford: Oxford University Press) the chapter by
Wayne Morrison on ‘What is Crime’ is particularly challenging and
illuminating and should encourage any reader to think critically. Similarly,
the introductory textbook by Tim Newburn (2013 2/e) Criminology
(London: Routledge) affords a useful overview of the issues (and others)
discussed in this chapter. This also comes with online resources for those
who purchase it.
OceanofPDF.com
2 COUNTING CRIME
Can we count crime? If so, how is that done? This chapter considers these
questions and the sources of information available to criminologists to
answer them. The chapter focuses on the strengths and weaknesses of these
different sources of information. We shall also consider some of the other
main ways in which criminologists attempt to know things about crime in
the course of doing their research. The central purpose of this chapter is to
encourage and develop the critical thinking that we ended with in Chapter
1. So at different points in this chapter you will be asked to engage in
exercises that are intended to facilitate this.
INTRODUCTION
Clearly there are different ways in which we can know things about crime;
personal experience, as an offender, as a worker in the criminal justice
system, or as a victim of crime. These are all different sources of
knowledge about crime. What we know of the experiences of members of
our family or friends is another area on which we might base our
knowledge. The information provided by the media, whether as news or
fiction, is yet another source of information about crime. Indeed, this latter
source, given the wide range of crime-related television programmes
available to us is, contemporarily, probably the most likely source of our
knowledge. In addition to these sources of information, there are two other
important sources of information about crime. Firstly, there are the official
statistics on crime, patterns of punishment, and who the victims of crime
are. Secondly, there are the research findings of criminologists. Soothill et
al. (2002: 24) listed these different sources of information in the following
way:
All of these, they are keen to point out, are partial sources of information.
Our experiences will tap different aspects of the crime problem; the media
tend to work with particular stereotypes of criminals and how crimes might
be solved, official information only addresses those aspects of the crime
problem that have come to the attention of the criminal justice system, and
criminological research tends to be focused around specific crimes or
specific problems. However, if we are to understand what criminology is
and what it is that criminologists do, then it is important we put aside what
we think we know about crime from our direct experience or our mediated
experience and focus attention on official information and research
knowledge. This chapter, then, will first of all focus its attention on the
strengths and weaknesses of these two sources of information.
The first country to gather national statistics on crime was France. This
started in 1826 with the first published analysis of those statistics presented
by Adolphe Quetelet in 1842. Crimes recorded by the police have been
published in England and Wales since 1876 and in the United States since
1930. So whilst some official data about crime has been available for some
time now, some of the problems that are associated with ‘official’
information remain the same. As Quetelet himself commented, ‘our
observations can only refer to a certain number of known and tried
offences, out of the unknown sum total of crimes committed’. This is often
referred to as the dark figure of crime: all those criminal events that are
unknown to anyone except the offender and the victim. However, before we
go on to explore the implications of this comment; we need to think about
what kinds of data sources are considered ‘official’ and how it is possible to
access them.
The Office for National Statistics (www.ons.gov.uk) publishes all kinds
of data including a wide range of data relating to crime. However, they are
not the only source of official information. The National Offender
Management Service (www.gov.uk/government/organisations/national-
offender-management-service) is an important resource for all kinds of
information about the (public) prison system and offender management,
more generally, and Her Majesty’s Inspectorate’s of Constabulary,
Probation and Prisons also produces statistics on a quarterly and yearly
basis. Each police force produces its own annual report and since the 1998
Crime and Disorder Act, local authorities in England and Wales are required
to produce reports on crime and crime reduction. All of these sources of
information (and this list is not exhaustive) are publicly available either
from places like Her Majesty’s Stationers Office or, more easily and readily
for many people, over the Internet. In addition, a good place to start for
information about crime is the Home Office’s own website
(www.homeoffice.gov.uk) and their associated research and statistics
department and the Ministry of Justice (www.justice.gov.uk). However,
these sources of information, for the most part, take as their starting point
incidents that have been reported to the police and are recorded as crime by
them, and take as their finishing point what has happened to the offender
should they have been caught. There are other policing organisations, like
for example, the British Transport Police, the Ministry of Defence Police,
and the UK Atomic Energy Authority Police. These agencies also record
offences, but their records will not necessarily be included in criminal
statistics unless there has been a prosecution. The same could be said about
the Inland Revenue in respect of tax evasion and the work of the Customs
and Excise departments in respect of failure to pay Value Added Tax. So it
is already possible to see that the comment made by Quetelet in 1842 is still
pertinent today.
Similar data sources exist in the United States and Europe. In the United
States, Uniform Crime Reporting was introduced in 1929 and the Federal
Bureau of Investigation was given the responsibility of collecting,
publishing, and archiving these statistics across all 17,000 policing
jurisdictions in 1930. Now a visit to www.fbi.gov offers access to a wide
range of reports on crime and policing in the United States. There are
annual reports of Crime in the United States (CIUS), Hate Crime Statistics,
reports on Law Enforcement Officers Killing and Assaults, Bank Crime
Reports, and terrorist incidents. Moreover, it is possible to get statistical
information on crime in Europe through the European Community
(EUROSTAT) and the Council of Europe. The majority of countries in
Europe also collate their own information on crime reported to the police,
the resources allocated to the criminal justice system, and their respective
prison populations.
In all of these data sources it is important to note that there is a difference
between the number of offences recorded and the number of offenders
recorded. For example, a burglar (one offender) may have been tried and
convicted for burglary (and will therefore count as one statistic probably in
the prison system) but may have admitted to 20 or 30 burglaries (offences),
which will appear as 20 or 30 different offences in the crimes known to the
police statistics. Recognising this helps to understand two important
features of all the data sources mentioned above:
In other words, all criminal justice systems ‘suffer’ from what is called an
‘attrition rate’. It is sometimes useful to think of these statistical records as
being the end product of something like the London or the New York
marathon: a lot of people start but they do not all finish. We shall go on to
discuss the different pit stops where crimes, criminals, and victims drop out
of this race in due course.
So it would certainly be fair to conclude that there is a good deal of
official information readily available, especially over the Internet about
crime, though not all of this information may necessarily be presented in the
same way. Statistics in England and Wales present a raw picture of the
numbers of incidents whereas other jurisdictions, like Canada, for example,
offer figures calculated to represent the likely rate of something happening
per 100,000 adults and children in the population. Each method of
presentation can be used to convey different messages about the nature and
extent of crime that needs to be thought about fairly carefully. This is an
issue we shall come across again when we look at the problems of
measuring different kinds of crimes in Chapter 3 and in making
comparisons at the end of this chapter. The question is at this juncture then:
how useful is this information? Quetelet was quick to observe the partiality
of the information available to him in the 1840s. Has the situation improved
at all? What do official statistics actually tell us?
THE THREE ‘R’S: RECOGNISING, REPORTING, AND
RECORDING
All the statistics referred to above, whilst numerical in their form, are the
end product of fairly complex social processes. As Chapter 1 highlighted,
for an act to be labelled criminal then there has to be a law that prohibits
that behaviour. So, the first stage in this process might arguably be the
country in which the act was performed since what is considered criminal
(unlawful) in one country may not be the same in another country. So, from
a point of view the first issue of recognition is that the act or behaviour
must be defined as unlawful. However, this is not the full story of the
problem of recognition. Behaviour may be unlawful, but the person who
witnesses the behaviour may not recognise it as such. There are different
reasons for this. It might be as a result of lack of knowledge of the law on
the part of the witness or the victim, or it may be as a result of them being
so used to certain things happening (like violence in the home or racial
harassment) that they do not define the behaviour as criminal, or they may
recognise the act as criminal but consider it not serious enough to report
(like petty vandalism, for example). However, having recognised an act as
criminal and decided upon its seriousness, the next stage for the witness or
the victim is to report the incident to the police. Somewhere in the region of
80% of incidents recorded by the police in England and Wales are reported
by members of the public. So, again, it is important to understand reporting
behaviour.
There are a number of reasons why individuals may or may not report
criminal behaviour to the police. As an exercise you might like to consider
the following scenario and think about whether you would report what you
have witnessed to the police and the reasons for your reaction.
In addition, of course, some people would report this to the store with the
result that the police would be involved. Hopefully what this has illustrated,
however, is that reporting crime is not a simple or a straightforward process
and the willingness to report does seem to vary with the kind of crime under
consideration. For example, people are much more likely to report a
burglary or a car theft (especially if they want to make an insurance claim)
than they are violence or theft from the person especially if that person is
known to them. Having reported an offence to the police, the next issue is
whether it is recorded as an offence.
Not all offences that are reported to the police end up as recorded crime,
that is, become part of the crime that is counted within the official statistics
under discussion here. Variation in recording behaviour can, again, be the
product of a number of different processes. Although the police have a
statutory duty to record criminal behaviour, they also have considerable
discretion over whether a particular incident is deemed serious enough to
demand more detailed attention, and as a consequences have resources
allocated to it. So, for example, a dispute between neighbours may have
involved some criminal damage on the part of one party to the dispute that
could be resolved by the police officer noting that ‘advice was given’ rather
than necessarily pursuing a charge of criminal damage. Such an outcome
obviously depends, to a certain extent, upon how the aggrieved party wants
to pursue such an incident. A good deal of the time people report incidents
to the police wanting the police to stop what is happening rather than
necessarily wanting to pursue criminal charges. On other occasions, of
course, it may be that the police have targeted particular behaviour, like
drinking after hours in licensed premises. In these circumstances, the police
may apply discretion in the interests of meeting the target of clamping down
on this kind of activity. Moreover, different police forces may have different
targets for different kinds of criminal behaviour and this is another
ingredient in understanding the different patterns of recorded criminal
behaviour across different jurisdictions.
The potential importance of understanding differences in recording
behaviour is especially important if you are trying to use official statistics to
say something about whether crime is rising or falling, that is, crime trends.
There are (at least) two issues to think about here. The first is about
understanding the law at the time at which the crimes were being recorded
and whether, over time, the legal definition of a crime has changed or
remained the same: some behaviour may be newly defined as criminal and
others may be decriminalised, that is, may become legal. This in and of
itself will feed into the statistics. The second concerns whether there has
been any recommended changes in how an offence is to be defined, and
acted upon, over time. For example, the introduction of the Final Warning
scheme for young offenders under the 1998 Crime and Disorder Act (in
England and Wales) removed from the police the potential of using informal
warnings as a way of dealing with some behaviours with the result that
some things are now recorded that once may not have been.
In addition there are factors external to the recognising, reporting and
recording process that feed into the official statistics on crime. Inflation, for
example, can result in many more offences of criminal damage as the value
of property increases, but the monetary value attached to the offence of
criminal damage remains the same. Hence, there will be more offences of
criminal damage. Moreover, if we continue with this line of thinking and
apply it to the statistics relating to the later stages of the criminal justice
process—how many offenders are caught, how many cases prosecuted, how
many found guilty, what they are sentenced to, how many people go to
prison—it is possible to see that there is both a problem of attrition (the
numbers get smaller) and a problem of discretion (which behaviours get
chased and which do not) at potentially every stage in the process. The
reasons for this may look different at different points in the criminal justice
system, but given that it is a system with limited resources, even if it were
possible it would be very unlikely that all cases would be pursued with the
same vigour or with the same success.
The picture of crime presented by official statistics is therefore never a
complete picture of the crime problem. This lack of completeness is well-
known and well-recognised by criminologists and as a consequence
encourages a very careful reading of such statistics. Historically,
criminologists have referred to this as the problem of the ‘dark figure’ of
crime. Put another way, what about all that criminal behaviour that we do
not know about? All that behaviour that is not recognised, not reported and
not recorded? How might we find out about the ‘dark figure’ of crime?
• There is a big difference between crimes known to the police and the
‘dark figure’ of crime.
• There is a big difference between crimes made visible in these
counting processes and those that remain invisible (for example,
offences associated with defrauding the tax system or health and safety
at work legislation).
Figure 2.1 How to make sense of findings on the fear of crime: elderly
women.
Figure 2.2 How to make sense of findings on the fear of crime: young
males.
In each of the lists of propositions, there are clues as to how the problem
of meaning and the problem of understanding are connected to each other.
For example, if we take propositions 3 and 4 from Figure 2.1, both of these
propositions shift the meaning of the statistics by introducing a new
concept. In other words, they ask us to think about how fear might be
connected to something called vulnerability. Of course, in order to
understand whether this is a meaningful thing to do, we would need to do
some more research that takes us beyond these statistics. We would need to
do some qualitative work: that is, spend some time talking in-depth with
elderly females as a way of trying to establish whether when they talk of the
fear of crime, are they talking about fear of crime or is this just a shorthand
way for them to talk about other things that concern them? In a similar way,
if we consider propositions 3 and 4 in Figure 2.2, these shift the meaning of
the statistics by introducing the concept of masculinity. (We shall discuss
this concept more fully in Chapter 4.) So again, it would be necessary to do
some more empirical work to establish whether the concept of masculinity
offered a more meaningful way of making sense of (understanding) the
statistical evidence available from official statistics.
Criminological research, then, introduces another dimension to what it is
that we know (and do not know) about crime and its impact. That
dimension stresses the importance of thinking about the different ways it is
possible to make sense of the findings that are made available to us:
returning us to the importance of thinking critically. Such critical thinking
about the relationship between theory, data, and meaning raises at least four
questions that the reader might like to think about when considering any
research findings:
SELF-REPORT STUDIES
OTHER RECORDS
Summary
So, official sources of information about crime and criminological
knowledge are not perfect but what makes them different from personal
experience and mediated experience is their efforts to offer a consistent
and systematic picture of the crime problem. Some of that picture will
resonate with our personal experiences some of the time and some will
resonate with what we learn through newspapers and television
representations of crime. However, despite the problems inherent in
official statistics and the problem of grasping the meaning of those
statistics and thereby being able to understand them, in order to be a
criminologist it is clearly important to move beyond personal anecdotes
and media representations. Having said that, it is apparent from the
discussion here, it is much easier to count some crime more than others.
In other words, some crimes are much more visible than others. So, in
order to complete the picture on counting crime, we shall now consider
some of the problems associated with crimes that are not so visible to us.
Victor Jupp, Peter Francis, and Pamela Davies (1998), all criminologists in
the United Kingdom, identify what they call ‘seven features of invisibility’
associated with particular kinds of criminal behaviour. In order to
understand what kind of crime is counted and what kind of crime is difficult
to count, it will be useful to consider the features that these authors identify.
These features are all understood in the negative, that is, invisible crimes
are those about which there is no knowledge, there are no statistics; as a
result, criminologists fail to include them in their theories, thus there is no
research on them and because policies fail to address them it follows that
there is no control over them, no politics, and hence no panic about them
and the consequences they might have. Some aspects of this invisibility
have already been mentioned in this chapter. For example, the relative
absence of statistics on tax evasion in official statistics on crime is largely
accounted for by the fact that such incidents are only recorded in the official
statistics if a prosecution has been proceeded with. In other words, the
criminal offence of tax evasion, depending upon the nature and extent of it,
can be dealt with by agreement between a tax inspector and the offender.
There are, however, other offences that occur on a routine daily basis that
are also never recorded in official statistics on crime.
Perhaps the reader might like to think about all that behaviour related to
the workplace, the taking of stationary for personal use, making personal
telephone calls from the office, the use of building supplies and materials in
one’s own home, insider dealing in the finance world, etc. All of these
activities are theft in different forms but because some behaviour is seen to
be ‘acceptable’ in some working environments, it rarely features as part of
criminological knowledge and certainly never becomes part of the criminal
statistics. Much of this kind of criminal activity has not been a main cause
of concern of criminology or criminologists (though some criminologists do
specialise in trying to explore this kind of criminality despite the difficulties
involved). This has resulted in little theoretical interest in it and, as a
consequence, little research. Add to these problems the difficulties of
controlling such behaviour (if that were possible), and if it were
controllable, the lack of political will to address it as a problem, (the
‘banking crisis’ of 2008–2009 might be worth considering here) there is, as
a consequence, no panic, that is, no public awareness or concern about such
behaviour as a social problem. All of these factors, then, contribute to the
crimes that are seen, measured, and thereby become the focus of politics
and policy and, of course, conversely contribute to those crimes that are not
seen, not measured, and are not the central focus of the work of the criminal
justice system. These questions of invisibility are returned to in detail in
Chapter 7. However, before we go on to review the key issues of this
chapter, one problem remains. That problem is the problem of comparison.
If there are so many caveats associated with the general information
available about crime and criminal victimisation, how is it possible to
compare the rate of crime now with say 10 or 20 years ago which
newspapers frequently do? Moreover, how is it possible to compare crime
rates in different countries?
EXERCISE
Throughout this chapter some reference has been made to and use has been
made of the Internet as a useful tool for gathering information about crime.
Some of you may already be quite familiar with using Google as a search
engine for information, for example. However, it should always be
remembered that Internet sites vary enormously in the quality of the
information they offer. Indeed they can vary along lines very similar to
those associated with the sources of data discussed in this chapter: official,
unofficial, campaign groups, and personal opinion. So choose one crime
that interests you and see what you can find out about its nature and extent
from:
• Recognizing
• Reporting
• Recording
• Respondent
• Comparison
• The ‘justice gap’
OceanofPDF.com
3 HOW MUCH CRIME?
Challenging myths about crime, offenders, and victims
This chapter will build on what we have learned from Chapter 2 by taking a
look at what the various data sources discussed there can tell us about how
much crime there is. It is hoped that having read Chapter 2 the reader will
be well aware of the difficulties involved in trying to assess the nature and
extent of crime. However, you will remember from Chapter 1 that
criminology is a ‘modern’ discipline and that means that part of its intent as
a discipline is to provide the kind of information that might better inform
how to deal with the problem of crime. So, it is necessary to form some
picture of the nature and extent of this problem despite the inherent
difficulties in trying to do this. It is also important to remember that part of
the role of criminology is to offer a critical assessment of what is
understood as crime. In this chapter we shall be taking our understanding of
this critical role further by thinking about the nature and extent of crime
under three general headings; crimes of the streets, crimes behind closed
doors, and crimes of the suites. As with Chapter 2, the reader will be asked
to think about different questions as they become appropriate in our
exploration of the question: how much crime?
INTRODUCTION
Whilst there are different answers to each of these questions, they all
assume that the media does have a role to play in contributing to the kinds
of perceptions the general public may, or may not have, about crime, how
much of it there might be, the impact it has on the victim, the
appropriateness of the response of the criminal justice system, the discovery
of ‘new’ crimes, and so on. Moreover with the advent of the Internet as an
important source of information about all kinds of behaviours and events,
the role of mediated information about crime is arguably more acute. So,
the precise nature of this role is unclear but given the powerful images that
the media has at its disposal, to deny it has some importance would be
foolhardy. However, how accurate these portrayals are in comparison with
what it is that is known about crime (the facts), as opposed to that which is
interpreted, constructed as a story, or considered newsworthy (the
narratives) is a moot point. Much criminological work is concerned with
bridging the gap between the ‘facts’ and the ‘narratives’. One way of
bridging this gap and challenging some of the myths and images of crime,
victims, and offenders, is to consider a current and widely accepted view
that crime is a real problem for people in everyday life.
FELSON’S FALLACIES
Media images of crime lead us to believe that crime and its impact is far
more dramatic that it really is. Portrayals of murder are a good example of
this. In media representations, murders are frequently constructed as highly
complex affairs, perhaps driven by jealously in response to some domestic
outrage. Indeed, some murders are like this but this is by no means
commonplace. As Felson and Boba (2010) point out, most murders result
from a petty quarrel and in the United States in particular are a product of a
‘gun too near’ and a ‘hospital too far’. You might also like to reflect upon
the discussion of Harold Shipman in Chapter 1 and in the light of this
‘dramatic fallacy’. However, it is not only the portrayals of particular kinds
of crime that are given dramatic license. The same drama is attributed to the
role played by the criminal justice professionals from the Sherlock Holmes
factor in detective stories to the drama of the crown court and the ‘comedy’
of prison life. As we shall see, and as Felson contends, most crime and most
of the work done within the criminal justice system is not like this. It is very
ordinary and mundane.
This fallacy presumes that criminals are far cleverer than they really are.
Felson argues that much crime that comes to the attention of the criminal
justice system is not committed through daring or ingenuity but as a result
of opportunity and/or petty vandalism. For example, burglars tend to
commit crimes in circumstances that offer them relatively easy access and
little chance of getting caught. Shoplifting is made more or less easy
dependent upon the design and layout of the store. Criminal damage does
not take intelligence. Someone involved in email-based Internet fraud is
ultimately reliant upon the recipient giving them the information with
which to complete their criminal act. Though it is a moot point as to the
extent to which ingenuity is a prerequisite for some aspects of financial
fraud, for example. Felson goes on to argue that assuming that criminals are
clever leads people to think that there is more organised and centrally
controlled criminal activity than there really is. However, the central
message might be that whilst the victim of a crime might want to make
sense of what has happened to them by attributing ingenuity to the criminal,
and this might make good media copy, most crime is ordinary and
committed by ordinary people.
Felson suggests that most media images leave people with the impression
that victims and offenders are much older than they actually are. In the
United Kingdom, this is especially the case in relation to street crime and/or
burglary. Newspapers frequently make headline stories from particularly
violent attacks on the elderly, especially elderly females. Such things do, of
course, happen, but as we shall see most offenders and most victims of
petty theft, robbery and acts of violence are young people, more often than
not young males.
This fallacy assumes that the police in the first instance, and other branches
of the criminal justice system in the second, know more about crime and
can do more about crime than they actually do. Again, it is a view of the
criminal justice process, often driven by media constructions, that creates
an image of crimes being solved and of the wrong doers being brought to
justice. As the previous chapter has demonstrated, the criminal justice
system only becomes aware of those crimes that have been reported, or are
the result of some police pro-activity. In addition, not all crimes get solved!
Having considered some of Felson’s fallacies, the reader might like to
think about the following questions:
As has already been said, some criminologists have spent a good deal of
time trying to work out what kind of influence the media has on people’s
ideas about crime; asking questions, for example, as to whether the media
make people worry about crime more. That kind of question is not of
central importance here. What is important to appreciate is that the
information we get from the media is one source of information about crime
for all of us, and in the absence of being a victim of crime or an offender or
working within the criminal justice system, it is an important source of
information. It is that kind of information that is often translated into
‘common sense’ (what we all ‘know’) as opposed to ‘good’ sense (what is
actually the case). One of the tasks of criminology and the criminologist, as
has been stated elsewhere in this book, is to subject such ‘common sense’,
and the influences on it, to theoretical and empirical investigation. So, in the
rest of this chapter, we shall be concerned with comparing the fallacies
discussed above with what it is that the data sources that were discussed in
the previous chapter tell us about crime.
Those of you who have already read Chapters 1 and 2 should be aware of
some of the problems in trying to answer this question. Nevertheless,
politicians and policy makers regularly make decisions on the assumption
that such a question can be answered. In order to make this assumption, it is
necessary to do three things:
However, the extent to which policy makers and politicians do any of these
things is questionable. Moreover, it is important to remember that such data
sources make some crimes more visible than others, and as a consequence,
some criminal behaviour is much more visible than others. Thus, in trying
to offer a picture of how much crime, it is also important to think about
what kind of crime is being talked about. For our purposes, we shall pay
attention first of all to the kind of crime that Felson assumes informs the
fallacies discussed above: the routine crime. This might loosely be referred
to as ‘crime of the streets’. Later in this chapter we shall consider other
dimensions to the crime problem by discussing what might be called ‘crime
behind closed doors’ and ‘crimes of the suites’, a distinction that will be
used in subsequent chapters in this book.
The paragraph above summarizes just a couple of the main findings from
crime statistic reports freely available from ons.gov.uk. As a criminologist,
what kinds of questions does this summary alert you to?
1. Make a list of the ways in which this data supports your own
knowledge about crime, victims, and offenders.
2. Make a list of the ways in which this data does not support your own
knowledge about crime, victims, and offenders.
3. Think about these lists and the questions that were raised in Chapter 2
about the problems associated with gathering data about crime and
make a few notes on what problems there might be (if any) with the
findings cited above.
4. Make a list of what you think is particularly striking about the
differences between your lists and think about what those differences
might actually mean.
1. Are the time periods being referred to in these data sources the same
and does this matter?
2. Are the crimes referred to defined in the same way? Does this matter?
3. Are the legal frameworks being referred to the same and does this
matter?
4. Is crime perceived to be the same kind of social problem? If so, where
might this be the case and for whom?
5. Are there any similarities in these figures you have unearthed between
England and Wales, the United States and Europe? Are they worth
commenting on? How would we make sense of them?
List the reasons you have for agreeing or disagreeing with any of the
propositions above and keep your list on one side until you have finished
reading this chapter. You might also want to revisit this list when you have
read Chapters 4 and 7.
This discussion has thus far focused on the nature and extent of what
might be called street crime or that kind of crime that comes most readily to
mind when thinking about Felson’s fallacies with which this chapter began.
However, to complete our answer to the question, how much crime, we
need to look at other ways of thinking about and defining the crime
problem: what we have rather loosely called here crime behind closed doors
and crime of the suites. First of all, we shall consider some of the issues
relating to crime behind closed doors.
HOW MUCH CRIME? CRIME BEHIND CLOSED DOORS
This heading is one way of trying to capture all the potentially criminal
behaviour that goes on in the home or within institutions that because of
their location, and the fact that it is the kind of behaviour that frequently
occurs between people who are well-known to each other, is not very often
reported to the police or anyone else. As a consequence this kind of crime is
relatively invisible. It also constitutes an important part of the ‘dark figure
of crime’ discussed in Chapter 2. In more recent years, there has been an
increasing awareness of this kind of crime and as a result more and more
criminologists now consider this kind of crime to be an important topic on
which criminology should have something to say. However, before reading
this section you might like to think about the following issues:
• Think about the idea of the home as a safe haven. How accurate is this
idea? What kinds of myths does this idea help perpetuate about where
and when crime occurs and who by?
• What kind of crime would you include as being ‘crime behind closed
doors’? (Make a list of the kinds of behaviours that you would fit
under this heading.)
• Who do you think is the most likely victim of this kind of crime and
why?
• Who do you think is the most likely perpetrator of this kind of crime
and why?
• To what extent do your answers to the last three questions fit or fail to
fit with the idea of the home as a safe haven?
Each of these findings conveys very different pictures of the nature and
extent of sexual assault and violence against women but they are all agreed
on one common finding:
• Most rapes, sexual assaults, and violence(s) (particularly against
women) are perpetrated by people known to the victim: partners, ex-
partners, relatives or friends, and they are perpetrated by men.
(You might like to revisit your thoughts on the home as a safe haven at this
point; you might also like to consider the legitimacy of some of the myths
around rape. For example, ‘a woman runs faster with her knickers up than a
man with his trousers down’, when a woman says no she really means yes;
prostitutes cannot be raped; that real rape is stranger rape; that rape can only
occur outdoors; that women cry rape, etc.). And whilst all the findings
above relate to women as victims of sexual assault and physical violence,
this does not mean that men cannot be victims of such crimes too. For
example:
If all of these findings are put together they clearly put men, but especially
men known to their victims, at the centre of our understanding of sexually
motivated and violent crime, and our picture and understanding of the
nature and extent of crime behind closed doors becomes quite complicated.
Add to this the family and gender dynamics that underpin child abuse, in
which child physical abuse seems to be equally perpetrated by men and
women on male and female children, but child sexual abuse appears to be
something that primarily men do to female children, then the criminological
problem of understanding and explaining ‘crime behind closed doors’ is
compounded. Further, if the family and institutional bases to abuse of the
elderly are added to the crime agenda, then the nature and extent of crime
‘behind closed doors’ is substantial indeed!
The impact that these kinds of questions have on criminology are
usefully summarised in the following way:
• The study of crime incorporates much more than common images of
the crime problem.
• If the findings presented here are taken seriously, much of that study
involved asking questions about things that are fairly ordinary
experiences for a lot of people.
• Many of those ordinary experiences are hidden from view and as a
consequence never come to the attention of the criminal justice system.
• Many of those ordinary experiences, though by no means all, are a
product of men’s behaviour toward women.
• The problem for criminology is how to incorporate findings such as
these into explanations of crime and criminality.
• These are not the ordinary experiences discussed by Felson.
Crime of the suites is used here to refer to a wide range of criminal and
potentially criminal activity relating to the world of big business.
Sutherland (1949), an American social scientist, first coined the term ‘white
collar crime’ to draw attention to the kinds of behaviour that may be
considered routine practice in the world of work, like using the Internet in
the office for personal purposes or taking a few extra pens home, as being
suitable subject matter for the criminologists. However, the term ‘crime of
the suites’ is intended to broaden our understanding of these kinds of
routine practices to include the kinds of practices that business corporations
may engage in against each other or just as a way of doing business. Put
simply, here we are concerned with the rather fine line between sharp
business practice and criminal practice whether that be in the form of
flouting health and safety regulations, fraud, or ‘insider dealing’. Chapter 2
documented some of the problems associated with counting this kind of
crime given its ‘invisibility’ most of the time, and of course those same
problems feed into the extent to which criminology can paint a picture of
the nature and extent of crime of this kind. It is very difficult to offer
anything like an accurate statistical insight into these issues. Frequently
when this kind of criminal activity does come to the attention of the public,
it tends to do so in a rather dramatic fashion. The examples that follow
illustrate some of the drama that can be associated with ‘crime of the
suites’.
The Rwandan genocide took place from April to July 1994 during which
time it is estimated that somewhere in the region of 500,000 to 1,000,000
Rwandans were killed. All were Tutsi or moderate Hutu people killed,
raped, and maimed and so on by the majority Hutu people. During this time
Rwanda lost about 20% of its population. These two groups had been
engaged in a civil war for some time. However, the international
community through both action and inaction and as a result of different
colonial legacies in Rwanda has been implicated both in the denial of this
genocide and in benefiting from it. (Of particular interest here is the work
by Hazel Cameron (2013), Britain’s Hidden Role in the Rwandan
Genocide: The Cat’s Paw.)
This particular example is included to encourage you to think about
‘crimes of the suites’ in terms of the way in which states can be complicit in
and/or bystanders to, gross violations of international law, if it is within
their interests to do so. What other examples can you think of in which
states might have operated or be operating in this way that might also be of
interest to criminologists? Remember that early victimologists were
particularly interested in making sense of events such as genocide and you
might want to consider how that area of analysis might contribute to
understanding these particular events and the behaviours associated with
them.
All of the examples above touch on different dimensions of crime of the
suites and as illustrations are not only dramatic in their reporting and impact
but also allude, in a very real way, to the problems of trying to offer an
estimate as to their nature and extent. However, the reader might like to
revisit the seven features of invisibility identified by Jupp, Francis and
Davies (1998) discussed in the previous chapter (no knowledge; no
statistics; no theory; no research; no control; no politics; and no panic) and
to think about how each of these features applies to each of the examples
above. The reader might also like to reflect upon their presentation as
‘disasters’ or ‘scandals’ rather than crimes. (We shall discuss this again in
Chapter 6.)
Needless to say, there have always been some criminologists who have
concerned themselves with the kinds of crime problems illustrated above
and we shall discuss that strand of criminology in more detail in Chapter 6.
What the examples presented here illustrate are not only the potential nature
and extent of ‘crimes of the suites’ (we only need to add to these examples
things like tax evasion, offences against health and safety legislation,
offences against financial regulatory agencies to get an added feel of that),
they also illustrate the wide variety of behaviours that might be included
here as well as the difficulties associated with them being labelled as
criminal. Some of those difficulties, as with crime behind closed doors, are
connected with the reluctance and/or inability of the victim to identify
things that happen to them as criminal (and as a consequence they are not
reported to anyone) and some of the difficulties lie with the powerful
position that some of the organisations involved in such activities occupy.
(Interestingly enough many of those individuals occupying the top positions
in such organisations are also male, endorsing the need for criminological
explanation to take account of gender in explaining crime. This is discussed
in the next chapter.) At this juncture, the reader might also like to think
again about the relevance of psyche, opportunity and structure to the kind of
criminal behaviour discussed above.
The reader is encouraged to think about the extent to which the different
kinds of explanations of criminal behaviour to be addressed in the next
chapter account, or fail to account, for the kinds of crime we have
discussed here.
EXERCISE
OceanofPDF.com
4 THE SEARCH FOR CRIMINOLOGICAL
EXPLANATION
INTRODUCTION
Thinking about theory tends to worry students. Yet all of us work with
‘theory’ all of the time. Put at its simplest ‘theory’ refers to the ideas we
have about the world. Our ‘theories’, or ideas, equip us with sets of
assumptions that enable us to make sense of the world we live in. In the
context of crime, each of us will have our own theories as to why some
people commit crime and others do not. We sometimes call this ‘common
sense’. What makes criminological theory a little different from ‘common
sense’ is that it attempts to offer ideas, assumptions, and/or hypotheses to
help us make sense of criminal behaviour that can be applied generally. In
other words, criminological theory tries to work with ideas that enable us to
make sense of the world above and beyond what we know based on our
own experiences and/or anecdotes. It seeks to make sense of the world
beyond individual experience. This can be expressed as the difference
between the theories we all have based on common sense from theories that
can be generated on the basis of good sense. So, in the search for an
explanation of crime, common sense is often not sufficient on its own to
explain why some people engage in criminal behaviour and others do not.
Common sense may work in some specific circumstances but it will not
necessarily be applicable generally. Criminologists look for theories that
can offer general explanations of crime. Only in this way can the link
between theory and policy be seen to make sense.
A brief look at the range of books available on criminological theory
offers a clue as to the variety and complexity that can be associated with
this search for explanation. This should be expected. After all, human
beings can be fairly complex creatures! However, in making sense of
criminological theory, it is useful to ask a number of questions. Soothill et
al. (2002: 98–99) list these as being:
1. What is the theory trying to explain, and therefore what aspects of the
crime-criminal problem does it ignore?
2. How might we categorise this theory in relation to
Schools of thought
Key concepts and ideas
Main theorists
3. When and where was the theory written? What was the potential
influence of the social context at that time?
• The extent to which the theories and concepts discussed below fit these
‘facts’.
So, now we have five questions with which to evaluate any criminological
theory:
Each of these questions will be considered in the light of the four different
criminological explanations to be considered here: rational choice theory,
social control theory, relative deprivation, and hegemonic masculinity.
These theories have been chosen largely because of their contemporary
resonance and largely because they highlight the different policy
possibilities that flow from them as a way of illustrating how theory,
evidence, and policy can be connected in different ways.
• Make a list of all the crimes in which you think offenders weigh up the
costs and benefits of committing crime.
• For each of the crimes in your list, do the costs and benefits look the
same for each crime?
• For each of the crimes in your list, what practical intervention would
you introduce to increase the opportunity costs of offending?
• What do you think would happen to the potential for criminal
behaviour as a consequence of your intervention measures?
Hopefully this exercise has led you to think about some of the problems
inherent in rational choice theory. It should have at least made you aware of
some of the complexities of not only assuming that criminals are rational
actors but also some of the other factors this emphasis on the rationality of
the criminal leaves out. In particular, it might have led you to consider the
problem of ‘displacement’. This refers to the extent to which making it
harder to commit particular crimes in particular places results in different
kinds of crime being committed at different times and in different places.
The problem of displacement suggests that target hardening, a key policy
intervention derived from this theory, in and of itself may only constitute a
partial answer to crime because it taps into only part of the equation that
causes crime. Cohen and Felson (1979), two North American
criminologists, tried to develop the complexity of the crime equation a little
more fully by exploring the relationship between the offender and the
opportunity to commit crime. This they called the ‘routine activity
approach’.
The routine activity approach to understanding the choices made by
offenders to commit crime at particular times in particular places against
particular targets argues that crime is the product of three factors coming
together: a motivated offender, a potential victim, and the absence of a
capable guardian. These factors come together in the daily, routine patterns
of people’s everyday lives and create the opportunity (or not) for criminal
behaviour. This view of crime, rather like rational choice theory, focuses
attention on crime as an event, with the idea of understanding people’s
routine activity adding a predictive element to where, when, and against
whom crime might occur because of the attention that it gives to the
patterning of activities. This way of thinking about the commission of crime
has also been used to understand the patterning of victimisation. Using the
concept of lifestyle rather than routine activity, Hindelang, Gottfredson and
Garofalo (1978: 250), three North American social scientists interested in
criminal victimisation, used this idea to understand the patterning of
personal victimisation. They state that for such victimisation to occur:
From this starting point these authors then go on to list eight propositions as
to why some individuals are much more likely to be subjected to personal
victimisation than others drawing on such variables as age, sex, ethnicity,
etc. This way of thinking about the likelihood or otherwise of criminal
victimisation proved to be highly influential in the way in which the
criminal victimisation survey was developed. (The relevance of this work is
discussed more fully in the next chapter.)
Rational choice theory, along with the routine activity approach, was
harnessed by governments both in the United States and the United
Kingdom during the late 1970s and early 1980s when the crime rate was
rising rapidly since they offered opportunities for policy intervention.
Governments could be seen to be doing something about crime. Indeed the
popularity of closed circuit television in city centres, for example, stands as
testimony to the commitment to, and the continuing perceived value of this
approach. Moreover, within this explanation of crime, it should be noted
that criminals are viewed as people just like us: offenders are ordinary
people who commit ordinary crimes dependent on the supply of criminal
opportunities presented to them. They are not ‘pathological monstrosities’
as Lombroso suggested and was discussed in Chapter 1.
The influence of these ideas, and the policies and politics associated with
them, came to be known during the 1980s as ‘right realism’. This term was
intended to highlight the inherent political conservatism of these ideas and
the implicit assumption that crime was a problem of the individual not
social structure. More recently, and closely aligned to rational choice
theory, routine activity theory, and situational crime prevention, has been
the development of crime science.
Gloria Laycock (2006), a U.K. criminologist, writing in The Sage
Dictionary of Criminology, focused the crime science approach on the
logical, empirical testing of hypotheses and data analysis on the problems
of crime and disorder. Claiming to embrace the traditional principles of
scientific practice, including experimentation, crime science makes the case
for attending to the immediate circumstances that surround criminal
behaviour from the environment, to the rewards for crime, to how crime is
committed, to the opportunities that permit crime to happen. This focus
affords the opportunity to map crime or identify crime ‘hotspots’ and to test
out what kinds of measures can be put in place to prevent criminal
behaviour. In many ways this approach to criminal behaviour is an
extension of, and attempts to pull together, the other conceptual ideas we
have discussed thus far: opportunity, guardianship, and motivation for
offending. For many criminologists this is a contentious approach to crime
because of its emphasis on a very circumscribed understanding of what
affects individual behaviour. (For an interesting comparison between crime
science and criminology more generally, see the table produced by Tim
Newburn in his book Criminology, on page 295.) Our next criminological
theory takes a different direction.
SOCIAL CONTROL THEORY
The focus of social control theory is different than rational choice theory in
two key respects. First, it is concerned with the effect that society and its
various institutions has on individuals so its attention is on social processes
rather than individual ones. Second, it is concerned with understanding how
it is that people are encouraged to conform so its attention is on how law-
abiding behaviour is achieved rather than law-breaking behaviour. Some
would argue that these concerns are directly derivable from the famous
quote of the social philosopher Hobbes (1651), who observed that without
control life would be a ‘war of every man against every man’. Put simply, if
rational choice theory puts at the centre of human motivation the
maximisation of pleasure and the minimisation of pain, social control
theory puts fear at the centre of such motivation because it is fear of the
consequences of their behaviour that keeps people restrained. As Hobbes is
reported as saying in Hopkins-Burke (2001: 201):
Why do men obey the rules of society? . . . Fear . . . it is the only thing,
when there is appearance of profit or pleasure by breaking the laws that
makes men keep them.
There are many varieties of sociological theorising that have put the
processes of social control at the centre of their concerns and a number of
different variations on these have appeared in criminological work.
However, the most well-known proponent of social control theory is to be
found in the work of Hirschi (1969), a North American social scientist, who
developed what he called the ‘social bond’ thesis of social control.
For Hirschi, there were four components to social bonds that sustained or
threatened social relationships: attachment, commitment, involvement, and
belief. Hirschi saw these as social relationships not psychological ones. In
other words, they needed to be understood as a product of the extent to
which the norms and values of any society or social relationship had
become embedded within an individual. It will be useful to say something
about each of these social bonds in turn.
• Why the absence of social control leads some people into drug
offences and other people into tax fraud.
• The role of changes in the law or levels of tolerance toward different
law-abiding/law-breaking behaviours.
• How one individual’s deviant or law breaking behaviour is recognised
and labelled as such and the same behaviour by others is not.
These kinds of problems have led others, most notably Gottfredson and
Hirschi (1991), to refine this original version of social control theory into
what they called ‘A General Theory of Crime’. This version of social
control theory is intended to explain all crimes at all times. It draws much
more closely on rational choice theory discussed above but adds the
importance of understanding ‘self-control’ to the previous emphasis on
social control. The combination of these two concepts led to much attention
being paid to one central mechanism of control that arguably has an impact
on both: the effectiveness or otherwise of parenting. Whilst this focus has
certainly won appeal in the policy arena (and still does largely on its appeal
to common sense) it still did not address all crimes at all times, as the
authors claimed. Again, the reader might like to think about the validity or
otherwise of ineffective parenting and its contribution to, for example,
insider dealing. This kind of question implies an absence debate; who is and
is not targeted for their (lack of) parenting skills? It also provides a neat
example of the construction of the Criminological Other discussed in
Chapter 1.
In an interesting development of social control theory, Charles Tittle, an
American social scientist, introduced control balance theory in 1995. He
made the observation that whilst too little control might lead to deviant
behaviour, so might too much control. So if control is balanced (whether
that is control of individuals or organisations), then conformity followed; if
control is unbalanced, then deviancy and crime were the results. So for
deviant or criminal behaviour to occur, a number of elements needed to be
present: a predisposition for deviant behaviour (motivation), a trigger
mechanism that highlights the control imbalance; recognition of and
opportunity for deviant/criminal behaviour; and the ability to overcome any
constraints on such behaviour (these could be situational, moral or simply
the presence of others). From this brief overview you can probably see the
way in which Tittle’s work tries to integrate some of the other ways of
thinking about crime that we have discussed thus far, and as he himself
observes (Tittle 2006) it remains to be seen whether this intervention has
any real promise in terms of policy intervention.
The impact of social control theory, in the nature of the theory itself, has
arguably been much more subtle and piecemeal in the policy arena. As a
social theory focussing on the importance of the social, it does not lend
itself so readily to easily measurable policies whose effectiveness might be
demonstrated in a relatively short period of time. Even the effectiveness or
otherwise of parenting interventions needs some time, and quite a complex
process, to demonstrate effectiveness. Therefore, despite some of the
relevance of the empirical findings that lend support to social control
theory, in a social context, both in the United Kingdom and elsewhere, that
has increasingly demanded quick fixes for social problems, the impact of
social control theory has inevitably been very subtle if it has been there at
all. Our next conceptual intervention in this search for explanation had its
origins in the United Kingdom rather than the United States.
RELATIVE DEPRIVATION
refers to conditions in which people may not only be (or may not at all
be) objectively deprived, but also may feel so deprived and perceive
themselves to be so deprived in comparison either with others in the
same social category or others in a different social category.
In real terms, this question reflects one of the ultimate problems for theory
and explanation within criminology; is it the individual ‘at fault’, is it
society ‘at fault’ or is it some mix of the two? Each of the theories we have
discussed here offers us different solutions to this question. However before
taking this further, perhaps this is the point where it will be useful to revisit
the five questions about theory with which we began. So consider:
How does this use of the idea of control compare with Hirschi’s or Tittle’s
use of the concept? What kinds of crimes might Heidenshohn’s concept of
control make more visible?
In addition, others might argue that the concepts they use are inclusive of
gendered issues (those committed to the concept of relative deprivation
might say this). Nevertheless, those committed to looking at the effect that
gender has on both the propensity to commit crime and the way in which
we might think about the victim of crime would have a different view.
Moreover, given that questions relating to gender and crime have been
given a good deal of criminological press in its recent history, it is
important to consider what the issues are about this that concern people.
First of all it is important to recognise the difference between gender and
sex. Put simply, sex is a biological given, male or female (though in a small
number of cases there can even be confusion here); gender refers to the
socially ascribed attributes of being male or female (man or woman).
Second, when the term gender is used, it does not only refer to women. It
refers to men as well. Third, some would argue that there can be no such
thing as a gender neutral concept; because the world is divided into men
and women, concepts or theories reflect either a male view of the world or a
female view. It is on this third point that many feminists initially, and
latterly theorists interested in masculinity, had (and some still do have)
problems with respect to criminological work. Their common concern is
reflected in this statement made by Brown (1986: 35), a U.K. criminologist:
. . . the more one seeks to show that male criminologists take leave of
their senses when the question Woman looms on the agenda, the more
one implies that they are in their right minds when they talk about male
crime.
By implication, the reason for raising the gender question is not just to
ensure that women are included within criminological theorising and
explanation, but also to ensure that criminology is also thinking critically
about how the maleness of crime (back to Braithwaite’s facts) is theorised
and explained. In recent years, some criminologists have tried to do this by
employing the concept of hegemonic masculinity.
Given the maleness of the crime problem and the dominance of men within
the criminal justice professions some criminologists, most notably
Messerschmidt in North America and Jefferson in the United Kingdom,
have explored the extent to which an appreciation of the dominance of men
in society as a whole is the starting point for understanding the dominance
of men within criminal behaviour. Much of the focus of this work owes a
good deal to the work of Connell (1987, 1995) an Australian social
scientist.
According to Connell (1987), the ways in which men express their
masculinity in contemporary society is connected to the powerful cultural
position given to normative heterosexuality. In other words, it is expected
and considered normal for men to see themselves as different from women
and at the same time to desire women. This deep-rooted expectation of what
it is to be a man is reflected in all kinds of social relations. So, for example,
it is found in the idea of the man being the breadwinner, in the
criminalisation of homosexuality, and in making women the objects of
pornography. Normative heterosexuality underpins all of these examples
and for Connell defines the structure and the form of manhood that any
individual man is constrained to live up to. If the question of ethnicity is
added to this framework, it suggests that the white, heterosexual male is in
the position of power and at the same time suggests that other forms of
manhood are downgraded (like the homosexual male, or the ethnic minority
male) as are forms of femininity. The powerful position of this version of
masculinity is maintained and sustained by consent. As we are all gendered
subjects we all benefit to a greater or a lesser degree by the framework of
hegemonic masculinity. So far, maybe so good; but how does this relate to
crime?
Messerschmidt (1993, 1997) related these ideas to crime in three key
locations: the street, the workplace and the home. In each of these locations
he provides a detailed account of the variety of ways in which masculinity
is given expression to; from the pimp on the street to the sharp business of
the rising white collar executive, to expressions of male proprietary in the
forms of various violence(s) in the home. All of these can be understood as
different ways of doing manhood within the framework of dominance
highlighted by Connell. They all demonstrate the ways in which men
display their manliness to others and themselves. So whilst the business
executive might use his position and power to sexually harass his secretary
in perhaps more subtle ways than the pimp controls his women, the effects
are the same. In this particular example, the women are ‘put in their place’
and the men are confirmed as men.
This way of thinking about crime and criminality certainly puts to the
fore the maleness of crime and the criminal justice industry. It has even
been used to facilitate an understanding of how men deal with
victimisation. An experience that men often struggle with since the
demands of masculinity would suggest that being a victim is something
highly contradictory for them (this is discussed again in the next chapter).
However, as a way of thinking, it has not proceeded without its critics and,
whilst it is not necessary for such a critique to be explored in detail here, the
following question from Hood-Williams (2001: 44) captures the essence of
the problem:
In many respects, the tensions that are inherent in the masculinity thesis in
its search for an explanation of crime are the tensions inherent within
criminology itself. The reader will recall from Chapter 1 that criminology
has to be understood as a ‘modern’ discipline. This means that it is
intimately implicated in the search for universal explanations that can better
inform the policy-making process. As a consequence, it looks for
explanations that will fit all kinds of crime. So, as Hood-Williams suggests,
criminology is constantly left with the dilemma of identifying a concept or
a theory that works for some kinds of crime but not all kinds of crime. Yet
some would argue that there is still much to be gained by exploring the
extent to which hegemonic masculinity, or indeed an understanding of
masculinities, takes the criminological agenda forward. This is not the place
to explore this debate, but the reader might still like to reflect upon its
value, as an idea, in relation to Braithwaite’s facts.
1. The motive for crime being about thrill, pleasure seeking and risk
taking rather than it being rational.
2. The context of crime being the spaces left available to people in which
they can be creative: the Internet would be but one example.
3. The recognition of crime as being a response to living in a highly
bureaucratised, rule-bound society; so breaking the rules, doing
something different becomes a part of living itself, of actually feeling
alive.
4. Such behaviours can only be studied by being immersed in them and
being reflective about immersion. Doing criminology becomes much
more oriented to doing ethnography rather than measuring the nature
and extent of crime.
5. As a result of all of the above, criminology cannot be a science in the
positivistic sense. In cultural criminology there are no rigid lines to be
drawn between the expert and the criminal or between crime and
normality.
Much of what has been considered in this chapter has focused our
attention on the kinds of ideas that criminologists work with that help us
understand why people commit crime. Remember, we have only
considered here some recent sociological approaches to this question. In
the next chapter we are going to consider the kinds of ideas that
criminologists work with to help us understand the nature and impact of
crime. This is the area of work known as victimology and as its label
implies it is intended to focus our attention on understanding the victim
of crime.
EXERCISE
OceanofPDF.com
5 THINKING ABOUT THE VICTIM OF CRIME
This chapter is concerned with the impact of crime. You will recall that in
Chapter 1 some introductory comments were made about the area of
analysis within criminology called victimology. In that chapter you were
introduced to the ideas that have historically informed the way in which
those criminologists who have been interested in the victim of crime have
gone about their work. You were also made aware of the way in which the
work of feminists challenged those ideas and the way in which these
processes resulted in the assumption that men cannot be victims. In Chapter
1 this was called the ‘victimological other’. In this chapter the
criminological concern with the victim of crime will be explored in much
more detail building on what has been learned about the nature and extent
of crime from Chapter 3.
INTRODUCTION
The central purpose of this chapter is to offer a more complete picture of the
kinds of things that interest criminologists and victimologists about victims
of crime. As was stated in Chapter 1, the study of criminal victimisation has
its origins in the work of lawyers who fled the Nazi regime prior to the
Second World War and they, alongside many others, were concerned with
understanding how such mass victimization could occur. However, the
concepts that these early theorists employed focused very much on what it
was about the victim that had resulted in the events that had happened to
them. In other words, they were looking to establish what made victims
different from nonvictims, thus mirroring the earlier criminological concern
with what made offenders different from nonoffenders. It was not until the
1960s and 1970s that the interest in the victim of crime took on a different
shape from this. This change in shape was largely a result of the emergence
of the feminist movement on the one hand, and the development of the
criminal victimisation survey on the other. These developments, and the
data that they each differently generated, clearly pointed to a pattern of
criminal victimisation; a pattern that could not be explained by reference to
the individual alone. There had to be some structural explanation.
Awareness of this patterning has led criminologists interested in the victim
of crime to be concerned with four main questions:
1. What does the pattern of criminal victimisation look like and why does
it look this way?
2. What impact does criminal victimisation have on both individuals and
their wider communities?
3. What role do victims of crime have in the criminal justice process and
what do they think of that role?
4. Why do some victims of crime get more attention than others?
We shall discuss each of these questions in turn, but first a word about the
concept of victim.
You might reach the conclusion that the label ‘victim’ really is quite
problematic and does not necessarily work for all individuals in all
circumstances.
There is, however, another problem associated with the word ‘victim’
that is derived from a deeper appreciation of the process whereby an
individual becomes a victim. This problem is connected with what Nils
Christie (1986), a Norwegian criminologist, has called the ‘ideal victim’. In
other words, there are certain assumptions attached to the label ‘victim’ that
means not everyone actually acquires this label. For Christie, the ‘ideal
victim’ is found in the Little Red Riding Hood fairy tale; a young, innocent
female out doing good deeds, attacked by an unknown stranger. Indeed this
‘ideal victim’ fits all the common sense stereotypes of the ‘legitimate’
victim of rape, for example; particularly someone who suffers an
unprovoked attack from a stranger. Christie was keen to point out that some
people acquire the label of victim very readily and easily and as a result are
recognised as deserving victims, and other people may never acquire the
label of victim at all; they are undeserving victims. This distinction between
deserving and undeserving victims and how it impacts upon peoples’
experiences of the criminal justice process is one of the issues that has
preoccupied criminologists interested in the victim of crime and has led
Eamonn Carrabine and other U.K. sociologists (2004: 117) to talk of a
‘hierarchy of victimisation’.
This hierarchy offers one way of thinking about what underpins how
some individuals and groups are more readily identified as victims than
others. For example, at the bottom of this hierarchy would be the homeless,
the drug addict, and the street prostitute: all those for whom it might be
argued that their lifestyle renders them prone to victimisation. Nearer the
top of this hierarchy would be the elderly female victims of violent crime,
those least prone to criminal victimisation, but who are assumed to be
vulnerable and more readily assigned victim status. Hidden from view, but
nonetheless illuminating the power of this hierarchy, would be young
offenders who find themselves in prison but who might be there because of
their experiences of victimisation. (See, for example, the work of Chesney-
Lind and Pasko [2004] who suggest that such experiences are one pathway
into crime for young women. There is some evidence to suggest that this
applies to some young men, too.)
The presence of this hierarchy is most readily identifiable in media
constructions of the elderly female as the victim of violent crime and the
readiness with which such events are given full and graphic coverage by the
media. This is despite the evidence that the group of people most likely to
be the victims of violent crime are young males who go out drinking two or
three times a week. However, understanding the power this hierarchy draws
attention to at least two key ideas that contribute to whether people are
identified as victims. These are lifestyle and the notion of deserving. Taken
together they inform the ways in which different victims acquire the
legitimate status as a victim.
At this juncture it might be worth taking a little time to consider how the
concepts of lifestyle, deserving, and legitimacy work together to make some
individuals and/or groups more visible than others as victims.
Chapter 3 presented you with a wider range of data sources about crime and
criminal victimisation. On the basis of these data, criminologists are in
agreement that there are four important social variables that frame
experiences of criminal victimisation; they are social class, age, gender and
ethnicity. In summary, criminologists would say that the patterning of
criminal victimisation can be understood by reference to these four
variables so, for example,
1. The risk of having your house burgled is much higher for the poorer
sections of the population.
2. The younger you are the more likely you are to be murdered or abused
in some way, and the more hidden this is, the less likely this is to be
reported or recorded as a crime. (This is especially the case for
children living in institutions and the elderly.) Even theft and street
crime is more likely the younger you are, with teenagers most likely to
victimise each other rather than older people.
3. Men are most likely to be victimised violently by other men who are
their acquaintances and women are most likely to be victimised
violently and/or sexually by men that they know and in their own
homes.
4. People belonging to ethnic minority groups are more likely to be
criminally victimised than white people.
The relevance of these variables and their relationship with the likelihood of
criminal victimisation seems to be fairly consistent across different societies
but is especially the case in the United Kingdom and the United States.
However, recognising that these variables pattern criminal victimisation in
important ways does not explain the pattern. Victimologists and others
concerned with criminal victimisation have used a range of concepts and
theoretical perspectives to explain this pattern. Here we shall focus on the
value of three of them: the concept of ‘lifestyle’ as associated with positivist
victimology referred to above and discussed in Chapter 1, the concept of
patriarchy associated with the work of radical feminism, and the relevance
of hegemonic masculinity as discussed in Chapter 4.
• Which, if any, of these propositions fit with what is known about the
patterning of criminal victimisation?
• What kinds of crimes do these propositions fit best with and why?
• What might the policy implications of these propositions look like?
• What do you think the strengths and weaknesses of these propositions
are?
There are at least three strengths that can be identified with this way of
thinking about the patterning of criminal victimisation:
A fair conclusion might be that this way of thinking about the patterning of
criminal victimisation works for some crimes and not for others (crimes of
the streets but not crime behind closed doors or crimes of the suites) and
has some value in the policy arena. However, this conceptual starting point
is limited because of the way in which lifestyle is understood focussing
attention as it does on how people adapt to public expectations of
behaviour. However, whether or not in public or in private, people’s
everyday lives are also products of negotiated power relationships. This
understanding of lifestyle lacks an appreciation of power relationships.
However, it is these relationships that are put to the fore in radical feminism
and in its understanding of patriarchy.
PATRIARCHY AND CRIMINAL VICTIMISATION
Chapter 1 discussed the way in which work emanating from the feminist
movement challenged much criminological and victimological thought.
Moreover, whilst it is important to acknowledge that there are different
kinds of feminism all of which pose different questions for criminology and
victimology, in this section we are going to focus on the importance of just
one strand of feminism: radical feminism. (If you are interested in a fuller
discussion of the relationship of the different strands of feminism with
criminology and victimology, then take a look at Walklate [2004], Gender,
Crime and Justice, 2nd ed.) Our purpose here is to understand how and to
what extent radical feminism has contributed to an understanding of the
patterning of criminal victimisation. So, first of all, it is important to offer a
little more detail about radical feminism.
Radford (2006: 336), a U.K. feminist, defines radical feminism in The
Sage Dictionary of Criminology with oppression of women by men with the
support of all the agencies of social control including the criminal justice
system. She also points the important activist element to radical feminism:
the desire to campaign to change this oppression. So radical feminist
analysis focuses on the ways in which men oppress women (and children)
and the ways in which the structure of society helps sustain that oppression.
This structure, and its impact, is referred to as patriarchy. The key variable
in patriarchy is men’s power over women. This power is reflected in all
aspects of social life but for the radical feminist at its centre lays the
question of sexuality. Tong (1989), a North American feminist, puts the
issues that concern radical feminism in this way: Who rapes whom; who
batters whom; for whom does pornography exist; for whom does
prostitution exist; for whom does female sexuality exist? The answer in
each case is men.
In the context of making sense of the patterning of criminal victimisation,
it is relatively easy to see both the kinds of crime and criminal victimisation
that radical feminism draws attention to. Put simply, radical feminism
clearly focuses attention on all those criminal victimisations that go on in
private between people who are for the most part known to each other. This
means rape, sexual assault, and domestic violence. In focussing attention on
these kinds of criminal victimisations, radical feminism also emphasises
that the offenders are men. At this point the reader might like to consider:
• What kinds of victimisations are excluded from this analysis? Do you
think that this exclusion is appropriate?
• What might the policy implications be of adopting the radical feminist
view of criminal victimisation?
• What do you think the strengths and weaknesses of this way of
thinking about the patterning of criminal victimisation look like?
Apart from being my mother, she was a woman. I’d been educated by
my father that women were there for the cooking, cleaning and sex . . .
They were not the abusers they were abused upon. So how could she
abuse men when I was the man?
This quote captures some of the confusions existing for men when they
experience violence or other forms of victimisation especially at the hands
of women. This is perhaps made worse when they know that this is likely to
be a minority experience. The concept of hegemonic masculinity helps us to
understand some of the confusions that such experiences generate for men.
Of course, not all men will experience victimisation in the same way, but
the general unwillingness of men to identify themselves as a victim and the
greater likelihood of men reporting anger when criminally victimised is
only just beginning to be understood by criminologists and victimologists.
An appreciation of these issues may go some way to help us to understand
the relative invisibility of men in the patterning of reported criminal
victimisation. The reader might like to consider then:
Arguably one of the key areas that the concept of hegemonic masculinity
puts to the fore of criminological and victimological understanding is the
way in which men and women might differently experience the impact of
crime. So that is the issue to which we shall now turn.
Some would say that the now well-documented ‘fear of crime’ is one of the
key areas in which crime, to a greater or lesser extent, has impacted upon us
all over the last 30 years. However, criminologists and victimologists work
with four important distinctions in understanding the impact that crime may
have on individuals. These are primary victimisation, secondary
victimisation, indirect victimisation, and vulnerability. We shall discuss
each of these in turn.
Primary victimisation refers to the direct impact that a crime has on the
victim. That impact may vary with the nature of the crime, of course, from
physical injury, to financial loss, to loss of earnings as a result of the
required involvement in the criminal justice process. However for some
people this kind of impact is made worse by the stress, shock, and sense of
invasion of privacy that may go along with burglary, along with feelings of
fear, difficulty in sleeping, to the post-traumatic stress syndrome reported
by some victims of rape. This kind of impact can sometimes be made worse
by the way in which the criminal justice system responds to such victims.
This is what is referred to as secondary victimisation. Research has
indicated that individuals who are involved in the criminal justice process,
as either victims or witnesses, frequently feel let down by that process. This
can happen in different ways from not being kept informed of what was
happening in their case, to being treated unsympathetically by the
professionals working in the criminal justice process, to not being believed
when they are giving their evidence. These kinds of experiences all,
arguably, add to the feelings of victimisation. In other kinds of cases, like
for example murder, the families of both the murderer and the murder
victim can also feel victimised by their experiences both in relation to
feelings of bereavement, to maybe being under suspicion themselves for
what has happened, as well as just not being able to make sense of what has
happened. All of this is referred to as indirect victimisation. However, the
extent to which any individual may experience crime in any of these ways
is frequently connected with their personal or structural vulnerability. In
other words, not all victims of crime will experience their victimisation in
the same way or with the same level of impact. Criminologists refer to the
variations that can be found in people’s experiences as their vulnerability.
Overall those most affected by crime look very similar to those most
likely to experience criminal victimisation. Mawby and Walklate (1994:
54), two researchers from the United Kingdom, listed those most affected
by crime in the following way:
• Make a list of all the different organisations that you are aware of who
claim to represent the interests of the victim of crime. What are the
similarities and differences in those claims?
• Make a list of what the strengths and limitations might look like of
looking for ways of improving the involvement of victims in the
criminal justice system.
• Make a list of the kinds of questions you think that a criminologists
interested in the victim of crime might ask about policy initiatives that
claim to give victims ‘rights’ in the criminal justice system (like, for
example, the Victim Impact Statement).
Thus far, in this chapter, the kind of crime victim we have talked about has
either been the victim of ‘crimes of the streets’ or ‘crimes behind closed
doors’. We have yet to consider the victim of ‘crimes of the suites’ in any
great detail. At this point then it is worth thinking about why some victims
of some kinds of crime get more attention than others.
A concern with what has come to be called ‘hate crime’ has emerged as a
consequence of understanding how minority groups in particular experience
crime. In the United Kingdom there is no legislative status that delineates
hate crime from other kinds of crime though there is a range of legislation
that can be used to prosecute behaviours deemed to be motivated by hate.
This is in contrast to the United States. There the FBI defines hate crime as
offences that are ‘motivated in part or singularly by personal prejudice
against others because of a diversity – race, sexual orientation, religion,
ethnicity/national origin, or disability’. Despite these kinds of jurisdictional
differences, the term ‘hate crime’ does have some currency especially in the
media and its portrayals of particular crimes and their impact. Consider, for
example, the nail bombing of a ‘gay’ pub in London in 1999, the brutal
murder of James Byrd in Texas in June 1998, or the murder of Stephen
Lawrence in London in 1993. These were all what criminologists might
refer to as ‘signal’ events that marked particular turning points in
appreciating the extent to which ‘difference’ can provoke a criminal
response. For example, the FBI report on hate statistics for 2014 states that
47% were racially motivated, 18.6% were the result of sexual orientation
bias, 18.6% were the result of religious bias, and 11.9% motivated by ethnic
bias. These figures highlight the range of differences amongst the victims
who can be targeted in this way. So whilst the actual behaviour perpetrated
as a hate crime may be just the same as in other kinds of crime, that is,
vandalising property or violence against the person, this criminal behaviour
is perpetrated because of the differences associated with the victim. In this
sense, the U.K. response to this kind of crime focuses attention on it as a
crime against an individual’s identity and in this sense everyone can be a
victim of it. If hate crime is thought of as an attack on an individual’s
identity, it focuses attention on its potential impact. Basia Spalek (2006), a
U.K. criminologist, refers to this as spirit injury. Developed from work
done by black feminists, this concept captures the way in which a person’s
sense of self identity is not constructed in isolation but is part and parcel of
their sense of belonging to a wider group. Hence damage to the individual
is also damaging to that wider group. It is this concept that affords
connections to be made between hate crime toward an individual and hate
crime toward a collectivity: genocide.
As was highlighted in Chapter 1, the area of analysis referred to as
victimology emerged and developed in the years after the Second World
War with the early theorists in this area very much concerned with making
sense of the Holocaust. So in many ways victimologists have always had an
interest in not only victims as individuals but also victims as collectivities.
However, as a result of the powerful influence of positivist victimology
(also discussed in Chapter 1), the individual has, up until recently, received
much more attention than the collectivity. However, over the last 20 years
this has changed with the crime of genocide now being widely recognised
from the United Nations down. What actually comprises genocide is
debated though it is evident that it includes a wide range of behaviours
more than simply killing people in large numbers. Alex Alvarez, a United
States criminologist, describes acts of genocide in this way:
Genocide has been perpetrated not only with gas, guns, machetes, clubs
and other similar kinds of weapons, but also through less direct methods
that include disease, malnutrition and starvation, forced sterilisation and
displacement and rape.
(Alvarez 2010: 7)
As with individual hate crime, groups targeted in this way are done so
because of who they are but with the added ingredient that this targeting is
given legitimacy by the state powers in the contexts in which they occur.
Here then, there is an important link with crimes of the state discussed in
the next chapter. However before we move to consider these issues in
further detail, there is one other development within the study of criminal
victimisation worthy of comment here. That is the increasing awareness of
the impact on individuals of witnessing horrendous events sometimes
considered under the umbrella terms of cultural victimology.
EXERCISE
The reader might like to critically assess each of the statements above and
in so doing think about:
• How the kinds of stories you might come across in the media match up
to or fail to match up to these statements and why.
• What the problems might be in reorienting the criminal justice system
so that its concerns match more closely with the victim of crime.
Thinking about these two questions will act as good preparation for the two
chapters that follow.
OceanofPDF.com
6 CRIME, POWER, AND GLOBAL
RELATIONS
An introduction to critical criminology
This chapter will extend our thinking about crime and criminology by
developing our understanding of the nature and impact of ‘crimes of the
suites’. Chapters 2 and 3 were concerned with exploring some of the
problems inherent in counting crime and assessing how much crime there
might be. In both of those chapters some consideration was given to the
kinds of crimes that were more easily countable and as a result featured
more readily in pictures of the extent of crime. It was clear from those two
chapters that the crime and criminals most visible both in the criminal
justice system and in various crime statistics are crimes of the streets. In
addition, it was observed that the criminal activities loosely termed ‘crimes
of the suites’ are much more difficult to count and as a consequence it is
much more difficult to offer an assessment of their nature and extent. Partly
as a result of these problems such crimes are much less likely to be seen as
criminal either by the general public or by the criminal justice system. The
purpose of this chapter is to pay a little more attention to these ‘crimes of
the suites’, to review the way in which criminology and criminologists have
paid attention, or failed to pay attention to them, and to suggest why this
may be the case. So, to get the most benefit from this chapter the reader is
advised to revisit the relevant pages in Chapters 2 and 3 to refresh your
memory on some of the issues related to measuring this kind of crime.
This heading is borrowed from the title of a book first published in 1979 by
Reiman, an American social scientist, and now in its tenth edition. In the
first edition of this book, Reiman produced statistics designed to challenge
conventional thinking about what counts as crime. For example, he stated
that in 1974 the total number of people ‘murdered’ in the United States was
168,600: 114,000 deaths occurred as a result of occupational hazard; 20,000
from inadequate emergency medical care; 15,625 were a result of a knife or
other cutting instrument including a scalpel; 13,987 resulted from the use of
firearms; 2000 from hypodermics or prescriptions; and the remainder
included a range of different weapons. These figures clearly indicate quite a
different understanding of the context in which, for example, ‘murder’
might occur. In a similar vein, Steven Box (1983), a U.K. social scientist,
argued (using the Health and Safety Executive’s own statistics) that
between 1973 and 1979 there were 3291 deaths recorded as homicide by
the police and a total of 11,436 deaths resulting from occupational accident
or disease. In a more up to date assessment of the figures for the United
Kingdom, Whyte (2004a: 136) suggests that ‘the total number of deaths at
work, that result from health and safety crimes, are likely to exceed 4500
each year and this is before we factor in the largely unknown deaths caused
by other occupational diseases’. Moreover, as Tombs and Whyte (2007: 37)
state, ‘In contemporary societies, work routinely kills workers and members
of the public through acute injury and chronic illness’. The widely reported
and celebrated rescue of the miners trapped underground in Chile in 2010
both serves to remind us of the particularly hazardous nature of some work
environments as well as the global variations in experiences of those
workplaces. In addition, Whyte (2004), reporting on findings in the United
States, suggests that corporate fraud costs up to 20 times more than the cost
of ‘traditional’ crime. The question is: what are the common concerns for
these authors in the context of criminology? There are at least four:
Before continuing the reader might like to reflect upon these two different
dimensions to thinking about crimes of the suites and think about the
following questions:
1. What are the main points of similarity and difference between them?
2. What kinds of behaviours do they draw attention to?
3. What kinds of offenders are they drawing attention to?
4. Who are the victims likely to be?
5. From what you have read thus far in this book, what kind of attention
do you think the criminal justice system pays to these offences,
offenders, and victims?
6. To what extent do you think your answers to these questions might
vary with which part of the world you live in? (Think, for example, of
the issues associated with deforestation in South America, or the
impact of questionable military intervention in the Middle East.)
NELKEN’S AMBIGUITIES
The term white-collar crime was first coined by Sutherland in 1949 who
defined it as the kind of crime committed by ‘a person of high status in the
course of his occupation’ (ibid: 9). This kind of definition, by implication,
focuses attention on the status and respectability of the offender as much as
the illegality of the offence and, as a consequence, has generated much
confusion as to what kind of behaviour is to be included and/or excluded by
it. For example, following this definition has led some researchers,
especially in the United States, to focus on what might be called the routine
criminal behaviour of the middle classes (tax fraud, false claims and
accounting) and has led others to argue that white-collar crime is a normal
and well-organised part of business life: rooted in the same principles as
more conventionally understood organised crime ‘permitted’ as a product of
collusion with those there to regulate such practices. In between these
extremes, others have attempted to generate different categories of white-
collar crime; crimes in the workplace, economic crime, environmental
crime, with some extending these kinds of categories to include such things
as genocide, etc.
As Nelken (2007) argues, problems of definition should not be ignored.
These problems reveal that not all criminologists in this area are necessarily
talking about the same kind of behaviour. By implication this means that
problems of measurement and explanation will also look somewhat
different. However, those of you who have already read Chapters 1 and 2
will now be fully aware of the contested nature of some of these issues for
criminology.
Any search for explanation requires that we understand the meaning and the
context in which the behaviour under investigation occurs. In the case of
white-collar crime, some commentators argue that the same requirements
also apply. So, if such behaviour is put in its social context, then it does not
look so criminal. This social context involves recognising that, on the one
hand as Croall (2001) points out, victimisation is diffused, indeed people
might not be aware that they have been victimised at all, and on the other
hand, there is the question of intentionality, did the offender intend to cause
harm or was their behaviour not intended to deceive anyone but simply a
product of what might be considered to be normal business practice? The
American Bernard Madoff, serving 150 years for fraud, is reported as
saying ‘People just kept throwing money at me. Some guy wanted to invest,
and if I said no, the guy said, what am I not good enough’? (The Daily
Telegraph, June 21, 2010). What do you think? Of course, there are some
well-known cases in which neither of these conditions could be said to have
applied. The way in which the P and O Ferry Company ignored safety
advice for their roll-on/roll-off ferries might be a case in point (see Slapper
and Tombs, 1999). However, such cases notwithstanding, placing white-
collar crime in its everyday setting not only adds to its ambiguous status, it
also makes it a bit easier to understand why detection is more difficult.
The main issue here is the use of a range of different regulatory agencies
and enforcement methods to deal with white-collar infringements. Agencies
who, more often than not, are not that well-funded or well-equipped to fulfil
their task and required to complete a task that more often than not is rooted
in the need for the compliance of the offender. These factors add to the
problems of detection, prosecution and conviction. In a recent study, Tombs
and Whyte (2010) present evidence that suggests a collapse of regulatory
practices in respect to health and safety legislation in the United Kingdom
as the tightening economic climate has taken its toll on the resources of the
Health and Safety Executive, the agency charged with the enforcement of
the legislation. Add to this the need for the cooperation of the offender
(compliance) in order to pursue any complaints at all, then the ambiguous
messages sent out with respect to white-collar crime becomes evident.
Moreover, as Croall (2001) observes, even when prosecuted and found
guilty, sentences are frequently seen to be lenient with the vast majority of
such offenders given fines. Putting all of this together, it can be seen that
the response to white-collar crime is very ambiguous indeed.
Here Nelken is pointing to the more general dilemma posed by the title of
this chapter: the rich get richer and the poor get prison. What would be the
costs of reorienting the law enforcement process to focus on white-collar
crime (defined all inclusively) in terms of enforcement, prosecution and
conviction? Whose interests would such a reorientation serve and what
would the outcomes actually look like? As Nelken (2007: 761) states,
‘Industry tends – with the collusion of the state – to balance the safety of
workers against the increased costs of production’. What would the costs
and benefits of behaving differently look like, especially in the
contemporary global market? In Rothe and Friedrich’s (2015) terms, what
would the costs to the global north look like if the impact of activities
associated with globalisation were to take seriously the impact that they
were having on the global south?
EXERCISE
Given the concerns of this chapter and the financial crisis of 2007–2010
you might like to think about the following questions:
You might want to hold on to your answer to the last question and think
about it again after reading Chapter 8.
Nelken’s ambiguities have provided useful insight into some of the
problems associated with taking white-collar crime seriously. As a result, it
is possible to add to the problems of measurement discussed in Chapter 2, a
further list identified by Croall (2001) that white-collar crime suffers from:
• Low visibility
• Complexity
• Diffusion of responsibility
• Diffusion of victimisation
• Difficulty of detection
• Difficulty of prosecution
• Lenient punishment
• Ambiguity in the law
• Ambiguity in criminal status
Moreover, the nature of these difficulties tends not to vary much from
society to society. At this juncture, the reader might like to revisit the case
studies presented in Chapter 3 and identify the extent to which they suffer
from any or all of the difficulties in the above list.
In addition, and by way of illustrating some of these problems, you might
like to do the following:
1. Choose two daily newspapers from the same day: a quality one and a
‘popular’ one.
2. Count how many articles there are in each of them on crime and note
the pages in the newspaper where they occur.
3. What kind of crime is covered in each of the papers? Are they similar
or different? What kind of language do the newspapers use in
discussing the crime covered?
4. Are there any reports that cover the kind of crime we are discussing
here? How do those reports compare and contrast with reports on other
kinds of crime?
5. What kinds of ideas can you find that try to explain the different kinds
of crimes covered? Are these ideas the same, or used in the same way,
for different kinds of crime?
6. How does this coverage, if at all, illustrate the ambiguities we have
been discussing here?
A key condition for the perpetuation of white-collar crime, as the term has
been used in this chapter, is as Geis (1973) observed victim responsiveness.
Or put another way by Box (1983: 17), ‘the majority of those suffering from
corporate crime remain unaware of their victimisation – either not knowing
it has happened to them or viewing their “misfortune” as an accident or “no
one’s fault”’. The disaster scenario mentioned above is one that feeds off
victim responsiveness. Of course, as we have observed in this chapter, it is
not victim responsiveness alone that permits such crimes to happen. We
also need to add to this the different and differential policing of such
activities (by regulatory authorities rather than the criminal justice system),
the imperative of the profit motive, and in relation to some aspects of white-
collar crime, the presence of trust between the victim and the criminal.
Again think back to the discussion of the case of Harold Shipman in
Chapter 1 in relation to trust and the crimes of this potentially powerful
individual. Indeed, the exploitation of trust and trust relationships is also a
key in understanding some aspects of fraud, including Internet fraud.
Taking these factors together, Box (1983: 67) concluded:
Over 30 years on the question remains whether anything has changed. Elias
(1986, 1993) has argued that, despite the growth in victim-centred
movements and victim-oriented policies, victims as a group remain
subjected to political manipulation with the focus of much of this activity
directing the policy gaze toward mundane and ordinary crimes rather than
those rather more hidden crimes of the powerful. However, there are
notable exceptions to this. McGarry and Walklate (2015) document the
important influence that the victim-centred organisations still working with
the aftermath of Bhopal (one of the case studies mentioned in Chapter 3)
have had on subsequent responses to the victims of that event. Others,
notably Phil Scraton (2009), offer a powerful analysis of the effort to
silence and then hear the families of the events of Hillsborough in the late
1980s. (Hillsborough refers to a football match where 96 Liverpool football
supporters died. By 2016 the final inquest on these events has yet to finish
its inquiry and offer a report on them, indicative of the refusal of the
victims’ families to be manipulated and/or silenced.) In both of these
examples, it has taken significant determination, organisation and
commitment for these voices to be heard and for the harm caused to them to
be taken on board. In other cases, such harm is very readily realised. Think
about the following example.
Any newspaper search will reveal more detail on these events and their
unfolding during the summer of 2015. Putting a ‘crimes of the suites’ hat
on, think about the following questions:
It is without doubt that this particular event and the migrant crisis more
generally are having ramifications across Europe and it is also without
doubt that you may have found answering some of the questions above
easier than others. Arguably this example puts to the fore the interconnected
nature of global events, not only through the pervasive nature of the ever
present mediated nature of social life (through social networking, the
Internet and so on) but also the interconnected nature of those events in real
time and over time. For instance, the unsettled nature of the Middle East
takes its toll elsewhere in the world and the powerful, whether they are
governments or big businesses, play a role here both by acts of omission
and commission, and in the harms that result. Thus, referring back again to
the notion of crimes of globalisations as discussed earlier. We shall consider
the nature of these interconnections again below as we consider the
potential questions associated with terrorism as a substantive topic for
criminology, particularly critical criminology.
Summary
The discussion thus far has tried to extend what it is that might count as
crime and who as a consequence might count as a victim of crime. It can
be seen that extending our understanding in this way is highly
problematic both in terms of common sense understandings of these
issues and in terms of legal understandings of these kinds of activities.
There is a fine line between what might be considered sharp business
practice and criminal fraud, for example. However, extending our
understanding of what might count as criminal has been an important
aspect of criminology so now we shall move on to consider what kinds
of ideas criminology has used to make sense of this kind of criminality.
MARXIST CRIMINOLOGY
Marx himself had little to say about crime or the law, but the general tenor
of his views can be translated into the context of criminology. Two
important writers who have done this are both North American, Chambliss
(1975) and Quinney (1977). Chambliss argued that capitalism creates the
desire to consume and since not all members of society are able to earn
enough to match the levels of consumption generated by capitalism, this
puts the haves and the have nots in conflict with one another. This view
does not presume therefore that only the have nots (the poor) will engage in
criminal behaviour, but it does presume that it is their behaviour that will be
the focus of the criminal law. He says:
RADICAL CRIMINOLOGY
Radical criminology has its origins in the United Kingdom rather than the
United States and is largely associated with the work of Taylor, Walton and
Young in their book The New Criminology published in 1973. Arguably this
work paved the way for the later work of Young and others that focused on
relative deprivation discussed in Chapter 4. The New Criminology was
written as a critique of the then dominance of criminology by psychological
explanations of crime. It strived to create what they called a fully social
theory of deviance. They were concerned with taking account of (amongst
other things) the nature of the criminal process as a whole and how its
constituent parts produced the whole.
However, developments in Marxist theory, especially in relation to
understanding the nature of the state, rather left radical criminology
stranded with the exception of the well-known work done in the United
Kingdom by Stuart Hall and others called Policing the Crisis and published
in 1978. This work attempted to make sense of how, during the mid-1970s
in London the crime of ‘mugging’ was constructed as not only a social
problem but also as the archetypal ‘black’ crime. Their analysis of this
process was controversial, but in terms of the development of a Marxist
oriented criminology it led people to think much more critically about the
role of the law in relation to crime and the criminalisation process. In other
words, how some groups and/or sections of society were much more likely
to receive the attention of the criminal justice process for their behaviour.
Indeed behaviour that might not be too different from the behaviour of other
groups in society. (The reader might like to think of some examples of this:
raucous behaviour at the rugby club or a football match as compared with
raucous behaviour elsewhere is a good place to start!) Arguably
understanding this process of criminalisation is the starting point for critical
criminology.
CRITICAL CRIMINOLOGY
1. Criminology, for the most part, follows the official view of the nature
and extent of the crime problem. This includes looking away when
crimes of the powerful are evident.
2. Alongside this the way in which the law is structured and functions
makes it much more difficult to move beyond its boundaries and to
consider the role of the state in regulating behaviour in the interests of
the crimes of the powerful.
3. Thus, much of the worst harm done is committed by large corporations
often with the implicit support of the state. The question then arises
how criminology, given its current orientation, might change a system
structured in this way.
You may, of course, have thought about others things too, and may have
concluded by agreeing or disagreeing with all, some or none of Whyte’s
observations. However, what is important in relation to thinking about them
and thinking about criminology is to recognise that what is understood by
‘crime’ can never be taken for granted, and that if serious consideration
were to be given to the victim of crime the question of the harm done by a
wide range of illegitimate activities (like not adhering to health and safety
legislation on the one hand or genocide on the other) might be a more
meaningful one to pursue.
The events of 9/11 in New York, 11/3 in Madrid, 7/7 in London, Mumbai in
November 2008, and Paris 2015, amongst many others, transgress borders
and certainly transgress conventional understanding of crime. As a result,
they pose a number of interesting questions for criminologists, like, for
example,
You might want to take a moment to reflect upon this statement and
consider what the implications alluded to might look like and which
sections of society are most likely to be on the receiving end of these
implications.
This orientation toward anticipating crime when put alongside the
ongoing construction of the morally decent ‘us’ as against ‘them’
epitomised by the pronouncement by George Bush that ‘you are either with
us and against the terrorists, or you are on the side of the terrorists’, it is
easy to see how not only new fears are being constructed but also new
categories of offenders and victims have been created. The problem for
criminology is how to make sense of these changing processes. So here
again there is a range of interesting questions for the discipline:
EXERCISE
Either read Dick Francis’ short story Minority Report or watch the film and
think about the following questions:
1. What practices does the story allude to that you know are already in
place?
2. How effective do you think these practices are?
3. Who is most likely to be targeted by these practices, or are we all
vulnerable?
4. What questions do they raise about justice? (You might want to revisit
this question after reading Chapter 7.)
5. What might a critical criminologist say about these kinds of
developments?
OceanofPDF.com
7 A QUESTION OF JUSTICE
INTRODUCTION
WHAT IS JUSTICE?
So, what ‘justice’ means has been, and still is, highly contested. Feminists
argue, for example, that when you begin to unravel what rationality means
within the criminal justice system it refers to a particular kind of rationality:
the rational man of law. Ngaire Naffine (1990), an Australian socio-legal
scholar, suggests that this man of law is a middle class, entrepreneurial man,
a successful market individual. If this is the man of law whose rationality
counts in the legal process, then this rationality fails to speak to, and for,
other kinds of men as well as women. So the law and the courts in
particular, cannot ‘hear’ the working class male, the ethnic minority male,
or the female who may come before it. Hence, criminal justice professionals
may advise defendants to wear a suit, or to look presentable if they are
required to attend court. In other words, present themselves as compliant
with this middle class, entrepreneurial man of law. This is a fairly low key,
but nevertheless important way, in which the ‘man of law’ impacts on the
processes of delivering justice.
Despite the difficulties implied above, there is still the expectation that
the purpose of a criminal justice system is to deliver justice. This, perhaps
inevitably, has been and is intertwined with the idea of punishment. The
way in which justice and punishment are, or should be connected, is also an
issue of considerable debate. For example, some states in the United States
still uses capital punishment for those convicted of first degree murder
whereas most European countries no longer have this option on their statute
books for this kind of offence (though in some instances it is still retained
for offences of treason). However, each of these different practices still
implies that crime, and the punishment for crime, are connected. This is
usually referred to as the ‘principle of proportionality’; that is, the idea that
punishment is not arbitrarily imposed, but has been subjected to debate,
agreed upon, and considered appropriate for the crime committed. Put more
colloquially, there is some sense in which the ‘punishment fits the crime’,
though quite clearly this does not mean that the punishment will be the
same everywhere for that same crime.
Recognising that there is a connection between justice and punishment
acknowledges that one focus of concern for the criminologist is the policies
that any particular criminal justice system implements in relation to justice.
These policies symbolise what is considered to be a reasonable way of
connecting justice and punishment in any particular society. However, such
connections are themselves neither simple nor straightforward. Indeed,
there are theoretically a number of different ways in which this relationship
might be articulated. Below is a list of concepts that arguably articulate
different ways of considering the relationship between justice and
punishment. The reader is encouraged to think about each of these terms
and to reflect upon the questions that follow.
• Revenge
• Retribution
• Restitution
• Reparation
• Restoration
If you have thought about the terms listed above and tried to answer the
questions that follow, you are probably now aware that no one criminal
justice system’s approach to punishment and justice comprises just one of
these responses. More often than not, criminal justice systems reflect a
mixture of policies that have elements of each of these approaches within
them. In addition to being aware of this kind of complexity, it is also
important to be aware that there are different principles upon which any
particular criminal justice system might operate in relation to its policies.
These different principles are referred to as ‘natural justice’, ‘due process’,
‘crime control’, and ‘social justice’. We shall discuss each of these in turn.
NATURAL JUSTICE
DUE PROCESS
The due process principle centres more attention on ensuring fair
procedures that are publicly known. In practice this means, for example,
arrested persons should know what they have been arrested for, why they
are going to court, that there should be standards of proof in relation to
evidence, and that each side should have the opportunity to present their
case. So the due process model implies more than just the establishment of
fair procedures, it also implies that those procedures must be administered
fairly and equitably and that there is impartiality about the judicial process.
CRIME CONTROL
The crime control principle centres the role of the criminal justice system in
delivering punishment. The crime control perspective on criminal justice
therefore puts value on the criminal justice system in general, but the courts
in particular as being the means whereby the law is upheld regardless of
questions of impartiality.
SOCIAL JUSTICE
The social justice principle centres the role of the criminal justice system in
the delivery of justice and a social good. If the criminal justice system is
understood as a social good (like the institutions for education and health, in
other words something that we can all benefit from), then in delivery and a
system that is fair and equitable the question becomes: how, if at all, the
criminal justice system should take account of social inequality when it
comes to the question of punishment.
This is an important area of debate for those criminologists who would
argue that it is through improving social policy that crime can be tackled,
not by sending people to prison. Indeed for some commentators the
relationship between criminal justice and social justice is paramount. Dee
Cook, a U.K. social scientist, states:
If a society cannot guarantee ‘the equal worth of all its citizens’, mutual
and self-respect and the meeting of basic needs, it cannot expect that all
citizens will feel they have an equal stake in abiding by the law, and it
cannot dispense justice fairly and enhance confidence in the law.
(Cook, 2006: 21)
In this sense, criminal justice policy and social policy are intimately
connected. So, it is important to think about how changes in one area might
impact upon the other, like for example, policy decisions made in 2010 by
the coalition government in the United Kingdom as a part of the
Comprehensive Spending Review, to limit people’s access to state support
for housing, that as a consequence might render some people homeless and
expose them to criminal victimisation. You can undoubtedly think of other
ways in which social policy and crime might be connected.
EXERCISE
Make a list of the ways in which social policy and crime might be
connected and think about the following questions:
Keep your list and when we come to discuss crime prevention, return to it
and examine the ways in which crime prevention policies match or fail to
match with the connections you have made.
The different understandings of justice outlined above become
particularly pertinent when we add them to the notion of the rational man of
law previously commented on. The observations made some time ago by
Kathy Kendall, a Canadian sociologist who now works in the United
Kingdom, illustrate one dilemma that debates on justice, when set alongside
the reasonable man of law, raises for feminists. She asks:
All criminal justice professionals use their judgement in when or when not
to take action in any given situation. This is referred to as discretion. The
use of discretion occurs at every point of decision making within any
criminal justice system and criminologists are particularly interested in how
this is put into practice and the patterns associated with its use. In what
follows we shall consider the role of discretion in delivering criminal justice
in England and Wales but to reiterate again, discretion occurs in all criminal
justice systems and this should be borne in mind as you work through the
following discussion.
DISCRETION: THE POLICE
In order to understand police discretion it is important to have a clear
understanding of what the police are there to do. Brogden, Jefferson and
Walklate (1988: 1), all based in the United Kingdom, defined the role of the
police as a specific occupation with:
The mandate . . . upholding ‘law and order’. The powers to fulfil this
include a range of extra powers over and above those of citizens. And
the form of accountability is accountability to the law, not to politicians
or more generally to the ‘democratic’ polity.
Thus, the police have a unique role. Whilst a range of organisations from
school teachers, to youth justice workers, to security guards operating in a
shopping mall, traffic wardens to police community safety officers and
special constables are all concerned with policing behaviour; it is only the
blue uniform police officer who has the mandate to uphold law and order
and who is accountable to the law in the way in which they do this. This
makes the work of the police both more subject to public scrutiny and more
likely to have an impact on those subjected to police action all at the same
time. (Those of you unsure as to the validity of this last statement might like
to consider whom they would complain to, and the likely effectiveness of
that complaint, if a security guard in a shopping mall behaved
inappropriately toward you.) The central feature of the combined effect of
the police mandate and their accountability to the law is to be found in the
concept of discretion.
Upholding law and order requires police officers to make judgements as
to whether the behaviour that is the object of their attention is either
criminal, or disorderly, or in some instances both. This process of making a
judgment implies discretion: making a decision in the light of the
circumstances presented to them and in the light of their understanding of
the law. All that a police officer needs to do is to ensure that any decision
that they make can be defended in law. Clearly the police do not (nor indeed
could they) enforce all of the law all of the time in all kinds of
circumstances. A police force that did this would truly be a police state. The
question arises, however, whether their use of discretion in applying the law
is applied fairly. that is, in line with some sense of justice. In recent years in
England and Wales this question has been raised most frequently in relation
to the police use of stop and search as a method of apprehending suspected
criminals especially in relation to people from ethnic minorities. (This issue
is returned to at the end of this chapter.)
Focusing on the police use of discretion directs attention much more to
their law enforcement role than their maintenance of order role. Yet it is
clear that the police are expected to work with both functions: enforce the
law and maintain order even though on occasion these two functions might
contradict one another. For example, enforcing the law in the context of
policing a public demonstration might incite the crowd to greater disorderly
behaviour, whilst the use of discretion, used with authority, might equally
diffuse crowd behaviour. In other words, there is always a balance to be
struck between these two functions. Nevertheless it is the case that
historically the police have implicitly taken on board the view that the
maintenance of order equates with dealing with unruly behaviour on the
streets; drunks, young people hanging about, prostitution, etc. Whilst
clearly in recent times the police function in relation to the maintenance of
order has concerned itself with such issues as domestic violence, its
historical focus of order maintenance from the 1830s to the present day
suggests that some groups of people are much more likely to find
themselves arrested, charged and taken to court. It is at this juncture that the
Crown Prosecution Service takes over.
DISCRETION: THE CROWN PROSECUTION SERVICE
1. Sentencing guidelines
2. Information about the offence
3. Information about the offender
In England and Wales there has been some movement to give the victim of
crime a bigger voice in criminal justice proceedings. This has taken a
number of forms from the court having the option at its disposal to order the
offender to pay compensation directly to the victim, to the introduction of
the Victim Personal Statement Scheme (an opportunity for the victim’s
statement on what happened to them and the impact it has had to be
presented to the court), and the increasing popularity and development of
restorative justice as an option of disposal for the court. The extent to which
any of these developments with respect to the victim amount to anything
more than a symbolic reference to the victim is a moot point but they do
point to the increasing importance being given to the role of the victim in
the criminal justice process in England and Wales.
In conclusion, it is possible to say that discretion runs throughout the
criminal justice system. However it is important to note that this discretion
is not unfettered. It is subject to the law, rules, guidelines, and ultimately
public scrutiny, yet it is still an important part of the process. So, for
example, whilst for particular offences there are clear guidelines indicating
maximum and minimum levels of punishment, it still remains in the hands
of the court what particular sentence is imposed. Also, as was seen with the
CPS, not all cases are always proceeded with. The CPS may choose not to
take a case further because they decide that it is not in the public interest to
do so. The role that discretion plays within the criminal justice system is
important in keeping some flexibility in response to the circumstances of a
particular case and, in a liberal democracy, keeping the criminal justice
system cognisant of its role in delivering justice. However, criminologists
are particularly interested in how, through the cracks and crevices of
discretion, justice is dispensed and what kinds of patterns of decision
making can be identified.
Summary
Thus far we have discussed the key features of the criminal justice
system in England and Wales and highlighted some of the areas that
particularly attract criminological attention. What is of interest is the
extent to which those features repeat themselves, or do not repeat
themselves in other jurisdictions. Obviously in an introductory book of
this kind it is impossible to deal with other criminal justice systems in
great detail. However, it should be remembered that in any jurisdictions
the conditions under which the criminal justice system operates and the
kind of relationship that is presumed by the people party to that system,
are framed by:
Taken together this means that whilst each jurisdiction will have similar
components (the police, the courts, a prosecution service, etc.) the
powers that these components have and how they relate to each other can
be very variable. In the light of this the reader might want to reflect upon
how these issues might inform the problem of comparison discussed in
Chapter 2.
Given the policy emphasis in England and Wales and elsewhere on
looking for ways to better integrate the victim of crime within the
criminal justice system that emphasis will provide the lens through
which we shall look at the question of justice next.
Many common law countries, that is, those informed by the principle of
adversarialism, have introduced the opportunity for the victim to provide
the court with information about the impact of their crime as a means of
participating in the criminal justice process. In England and Wales, this
takes the form of a victim personal statement. This statement can be taken
at the time of any offence and can form part of the papers associated with a
particular crime that are presented to the court. The purpose this scheme is
to offer an (optional) opportunity to the victim of crime to relate to all the
agencies of the criminal justice system how a crime has affected them, and
to provide the system with more information about that impact. Such
statements do not necessarily inform sentencing but can inform thinking
about compensation. In the United States, the majority of such schemes
require that the court take account of the impact of a crime on the victim in
setting the sentence with some states specifying the kind of information that
should be included in such a statement. Other rights included at the state
level in the United States cover such issues as the right to information, the
right to restitution, and the right to protection from the offender. Whilst
such rights may be on the statute books, there is still recognition that
ensuring compliance with those rights can be problematic. As a result, some
states have introduced the equivalent of a Crime Victims Ombudsman to
investigate complaints when these rights are not adhered to. Similarly, the
Code of Practice for Victims of Crime, published in October 2015, indicates
the range of entitlements that victims of crime can expect in England and
Wales. In particular, in the United Kingdom, victim impact statements in
cases of murder and manslaughter can be presented to the court. The
Victims’ Advocates Scheme offers the families of those bereaved in such
cases the opportunity to present a statement to the court outlining the
impact that that event had on them (a Family Impact Statement) once a
conviction has been secured for the crime and before sentencing has been
pronounced. Interestingly, in an initial evaluation of this scheme Sweeting,
and colleagues (2008) suggested that families welcomed these statements as
an opportunity to have their voice heard in court and also reported the
process to be therapeutic.
In the light of the discussion above, search any national newspaper
archive on the Internet for victim impact statements or family impact
statements for the past 12 months. (Many newspapers get permission to
publish these in full once a case has concluded.) When you have found and
perhaps read two of these, think about the following questions:
What conclusion did you reach? One might be that justice can take many
forms and can be practised in many different ways. Justice is highly
contested and part of the interest for the criminologist is how this contest
plays itself out both in individual cases and in the case of social groups and
their experience of the criminal justice system. (The reader is invited to
remember the problems associated with crime data discussed in Chapter 3
and reflect upon how those issues might relate to the workings of the
criminal justice system at this point.) The exercise might have also led you
to think about the wide range of participants in the process of delivering
justice by both professional practitioners and individual citizens. They all
play their part in what we might think of justice. In particular, it might have
led you to think about what those presenting these statements (the victims)
might have got out of it. Were they therapeutic do you think? If so, how was
this manifested? Is this what the justice system is for?
RESTORATIVE JUSTICE
EXERCISE
Reread the victim impact statements that you found and see if you can find
any evidence within them that:
All of the above are the kinds of things that might be present if there was an
apology forthcoming from the offender or if there was an offer of
forgiveness forthcoming from the victim. The presence and/or absence of
these features reveal much about the problems and possibilities for
restorative justice. Of course, the impact statements you have found might
be in relation to very serious cases including murder and there might be
particular problems for a family of a murder victim in either accepting an
apology or offering forgiveness. What do you think? Is restorative justice
only a possibility for relatively minor offences? For what kind of offences
might it work best? What might the issues look like in cases of domestic
violence, for example?
As these questions imply, claims made for restorative justice when put
into practice are neither simple nor straightforward in terms of achieving
the outcome looked for. In some ways restorative justice, its value for and
impact on victims, and even its conceptual armoury, have all suffered from
conflating the issue of improved satisfaction with the criminal justice
process as experienced by victims/witnesses with the desire to offer some
kind of emotional healing for the victim. In many ways we do not know
how and under what conditions restorative justice will be therapeutic, or
indeed, when it may well prove to be the opposite.
COMPLEX JUSTICE?
1. What the key function of any particular criminal justice system might
be: crime control, due process, natural justice or social justice.
2. The central importance of discretion; where that is located, how it is
used, and who benefits or does not benefit from it.
3. That whilst all criminal justice systems might have similar component
parts, those parts are not necessarily connected in the same way and do
not necessarily attribute the same importance to the same parties in the
process. This is especially the case in relation to the victim of crime.
4. Given these kinds of differences, it makes it very difficult for criminal
justice policy to travel from one jurisdiction to another. However,
those difficulties are not only technical ones of understanding how
different legal systems work they are also cultural ones to do with what
people expect the criminal justice system to deliver.
So this chapter has thus far introduced the reader to the nature of the
criminal justice system in different jurisdictions and to offer an insight into
its complexity. It is important to appreciate this since criminologists spend a
good deal of their time trying to understand who it is who comes to the
attention of the criminal justice system, what happens to them when they
do, and why what happens to them does so in the way that it does. All of
which connects with the question of what kind of a society do we think we
live in or want to live in. As the findings in Chapter 3 illustrated, some
people are much more likely to be subjected to the processes of the criminal
justice system than others and, as that chapter and Chapter 5 suggested,
there is a whole range of crimes that are never criminalised, never subjected
to the criminal justice process but may be subjected to other ‘regulatory’
agencies. However, discretion is an inherent and important part of the way
in which all criminal justice systems operate. If we put the concerns of this
chapter alongside those evidenced in Chapters 3 and 5, these features have
led to a considerable concern, in the United Kingdom in particular, that the
criminal justice system is ‘institutionally racist’. As a way of encouraging
the need for critical thinking highlighted in Chapter 1, it will be useful to
consider what this actually means in the light of what we have learned thus
far.
IS CRIMINAL JUSTICE ‘INSTITUTIONALLY RACIST’?
The charge of ‘institutional racism’ was made against the criminal justice
system in the United Kingdom by the Macpherson Report. This was
produced in the wake of the murder of Stephen Lawrence in London in
1993. The inquiry that followed the failure to secure a conviction for the
murder of this young black man resulted in the Macpherson Report. That
report concluded that a catalogue of compounding factors had contributed
to not only the death of Stephen Lawrence but also the failure to secure a
conviction for his murder. This end product the report attributed to
‘institutional racism’ that it defined as:
The publication of this report and its conclusions led many police forces in
England and Wales in particular to ‘declare’ their institutional racism and to
put in place procedures and practices to combat it. Whether these practices
have proved to be successful is not of concern here. Our concern is to
understand how and why such a conclusion was reached, given what we
have learned thus far about the nature of crime, offenders, victims (Chapter
3) and the complexity of the criminal justice system (this chapter). At this
juncture, it will be useful to review some of those findings.
Put simply, when we look at what we know about known offenders it is
possible to see that they include a higher proportion of males, young males,
black males, people from poor background, and people with disturbed
childhoods, than might be predicted from their presence in the general
population as a whole (Chapter 3). In other words, these kinds of people are
over-represented in the criminal justice system. In this chapter we have
concluded that the working of the criminal justice process is neither simple
nor straightforward. So it might be fair to add who eventually ends up being
a known offender is also neither simple nor straightforward. Indeed if we
wanted a criminological answer to this question we would need to trace
quite a large sample of people from all kinds of backgrounds (including
class, ethnicity, sex, culture, etc.) from the moment that they are stopped by
the police, through to the point at which they are dealt with at (crown)
court, and all the points in between, and compare what happened to them.
Such a study would be very difficult to mount and would require the
cooperation of a large number of people. A study similar to this was
conducted in the late 1980s by Tony Jefferson and Monica Walker, two
U.K. criminologists, who were then based at the University of Sheffield.
This study compared and contrasted the experiences of the criminal justice
system of young white youths, young Asian youths and young Afro-
Caribbean youths. One of its findings was that in areas that were
predominantly inhabited by white people, the young males from ethnic
minority groups were considered problematic and often targeted by the
police; and in areas that were predominantly inhabited by people from
ethnic minorities, the white youth were considered to be problematic and
often targeted by the police.
The readers might have their own hypotheses as to why this was their
finding; however, the study is mentioned here just to point up how complex
an issue like this can be. I have used it here to endorse the need for serious
empirical investigation of experiences of the whole criminal justice process
and its complexities. One conclusion might be that that one example (in this
case, the murder of Stephen Lawrence) neither proves nor disproves a
general rule. Form what we know thus far, the criminal justice system in
England and Wales could equally be charged with the ‘offence’ of
institutional sexism’ or ‘institutional classism’! The important issue being
that all of these ‘charges’ return us to the question of justice with which this
chapter began, but more importantly the question of whose justice.
Thinking about the question of ‘whose justice’, take a look at the
statistics presented in www.mappingpoliceviolence.org. As an example, that
website reports that 336 black people were killed by the police in the United
States in 2015. It goes on to offer a more detailed breakdown of the
circumstances associated with these deaths, their geographical location, the
presence/absence of weapons on the victim, whether anyone was called to
account. Several of these incidents precipitated widespread unrest in the
cities in which they occurred. Using your criminological imagination, think
about these statistics in the light of:
This chapter has been concerned with unpicking the complexity of the
criminal justice system within the framework of trying to develop what it is
that interests criminologists about it. Hopefully this has drawn attention to a
number of issues of criminological concern from how the criminal justice
system works, whether that works in a fair way, what the patterns of
decision making within the criminal justice system look like, and whether
anything can be learned from other jurisdictions with respect to those
practices. Moreover, some criminologists also concern themselves with the
professionals involved in the criminal justice system and how they do their
work. This has been especially the case with policing and prisons, for
example, though less so with the judiciary. In this last respect, there is still
much interesting work to be done. However, one of the over-riding
questions of criminological concern is: what works? What kind of policy
works for whom under what circumstances? This preoccupation with what
works also runs through the next chapter. This is concerned with crime
prevention.
EXERCISE
Explore the Internet to find out answers to the following questions about the
criminal justice system in your jurisdiction:
FURTHER READING
OceanofPDF.com
8 CRIME PREVENTION AND THE FUTURE
OF CRIME CONTROL
This chapter will consider some issues relating to crime prevention. The
reader will recall that Chapter 1 placed a good deal of emphasis on
understanding and appreciating the nature of criminology as a ‘modern’
discipline. This emphasis stresses the link between the things that concern
criminology and criminologists and the desire to influence the way in which
society responds to social problems, in this case the social problem being
crime. Put more simply, criminologists do not just want to know about
crime, many of them also want to be involved in developing policies that
will help prevent crime. However, the link between knowing something
about crime and devising policies that will help prevent it is not always
simple or straightforward. In this chapter, we shall be exploring some of the
difficulties associated with policy formation. In so doing we shall be
revisiting the distinction that was made in earlier chapters between crimes
of the streets, crime behind closed doors and crimes of the suites.
INTRODUCTION
In this chapter we shall consider the key trends in crime prevention that
have occurred over the last 30 years and we shall explore their links with
different strands of criminological thought. More importantly, however, this
chapter will be just as concerned with demonstrating what has been made
visible and invisible within these trends. In other words, the reader will be
asked to think about what kinds of crimes policy trends have paid attention
to and why. However, first of all, it is important to say something about
what is assumed by the idea of crime prevention.
• Those who think that crime is caused by the criminal mind (the
psyche) might opt for solutions that emphasise the importance of
deterrence or incapacitation.
• Those who adopt the view that circumstances lead to criminal
behaviour (opportunity) look for solutions in changing the social
and/or physical setting in which crime occurs.
• The structural approach tends to adopt the position that crime
prevention can only be achieved if efforts are made to alleviate social
and economic inequalities.
So, even from this brief review, it can be seen that the relationship between
understanding the causes of crime and the kinds of policies that might flow
from that understanding can be very varied. Despite this variety, different
ways of thinking about this relationship have been popular at different
points in time, so before it is possible to discuss the viability or otherwise of
different policies, it will be useful to develop an overall picture of the trends
in crime prevention over the last 30 years and what has been learned from
them. Much of what follows is implicitly informed by the criminological
and policy question: what works?
Over recent times there have been five identifiable strategies deployed to
tackle crime each with a different focus on where the cause of crime lies.
These are not mutually exclusive strategies and frequently exist side by
side, but they have varied in their political popularity. These are:
In this section we shall discuss some of the key themes within each of these.
OFFENDER-CENTRED STRATEGIES
As the label implies, crime prevention work under this heading focuses on
the individual offender as both the cause and the cure for crime. Under this
heading it is possible to situate all those initiatives that can be loosely
grouped together under the ‘prison works’ heading. The view that prison
works embraces the idea that prison acts as either a deterrent to crime or as
a means of incapacitating the offender. This view of the preventive role of
prison is most frequently associated with those who adopt a tough political
stance on law and order. This approach appeals to a wide range of people,
including some feminists who favour a tough stance on domestic violence,
for example. There is, of course, another view of the preventive role of the
prison, not focused on its deterrent role but its rehabilitative role. In this
view prison can provide rehabilitation for the offender through learning or
behavioural work with individual offenders. Offender-centred strategies
might also include the popularly labelled zero tolerance campaigns.
It is possible to trace two sources to the origin of zero tolerance: one
rooted in feminist campaigns on violence against women and one rooted in
the ‘broken windows’ thesis of two North American criminologists, Wilson
and Kelling (1982). Feminist campaigns carrying the zero tolerance label
originated in Canada in the aftermath of the murder of 14 female
engineering students in Montreal in 1989. Subsequently imported to
Edinburgh in 1992 and latterly other places, this version of zero tolerance
has a number of policy characteristics but is focused on violence against
women and children and has a strong punitive stance. No violence against
women and children is to be tolerated regardless of age, class, ethnicity or
ability. However, it is a view equally arguing that policies addressing
women’s and children’s needs across and between different agencies should
be coordinated alongside and backed by resources. Arguably these
campaigns have been quite successful in raising public awareness of the
problem of violence against women and children.
The ‘broken windows’ variant of zero tolerance addresses somewhat
different concerns and it is this version that has become particularly popular
with politicians. Wilson and Kelling (1982: 32) argued:
This view of crime suggests that such behaviours make an area vulnerable
to crime, and if left unchecked, inevitably lead to urban and neighbourhood
decline. However, the empirical evidence in support of this thesis is
ambivalent. There does appear to be some relationship between what
Wilson and Kelling call ‘incivilities’ and the fear of crime but it is quite
difficult to map causal connections between what would now be called
antisocial behaviour, crime proper, and urban decline since a range of other
factors are also likely to come in to play. Like for example, the housing
market, demographic changes, the job market, local road building policies,
etc. All of these kinds of changes have their different and differential impact
on the rise and fall of particular localities. These issues notwithstanding,
Wilson and Kelling made the case that the police had a key role to play in
warding off further decline by policing disorder; the rowdy; the prostitutes;
those causing ‘trouble’. Though again there is little acknowledgment of
what happens when the disorderly are moved on; where, for example, are
disorderly people moved to? Whilst Young (1997) argued quite cogently
that this reflected a view of the ‘social as simple’ offering a ‘quick fix’ to
quite complex problems. Nonetheless, policing disorder via zero tolerance
has proved to be very popular.
There are a number of lessons for the budding criminologists to think
about here.
1. Not all criminological ideas are ‘soft’ on the offender. Think about the
implications of the punitive stance of feminism and the disorder focus
for policing from Wilson and Kelling.
2. Support for policies is often based on a partial reading of the evidence,
and neither a criminologist nor anyone else has any power to influence
that reading.
3. Reasoned critiques of policies can be frequently ignored.
4. The political will to move policies in one direction rather than another
can sometimes override what might be considered reasonable.
5. Policies sometimes take on a life of their own regardless of the
evidence that may or may not support their implementation.
6. There is very little criminology, per se, in support of zero tolerance
policies yet they have consistently secured popular support.
7. None of the above necessarily means that zero tolerance policies will
not work anywhere but no one really knows where, when and how
they might work because of 1–6 above.
However, there is another view of crime prevention that focuses on the
offender that is sociological in orientation rather than psychological. This
kind of offender-centred approach is found in the work of the youth justice
system and social work that can be very focused on getting young offenders
especially to make amends for their offence. This is seen as a way of getting
them to understand the impact that their offence has on their victim and/or
the community. Here we shall discuss this version of offender-centred
strategies under the fifth heading of ‘integration’ since this focus derives
from the important impact that restorative justice has had in more recent
years on criminal justice systems in different jurisdictions.
So offender focused work can take different forms, however, it should be
remembered that some societies embrace the ‘prison works’ view much
more readily than others. So it is important to situate the prominence, or
otherwise, of any particular strategy within the wider social context in
which it is placed. Our next heading takes the victim as the focus of policy
intervention.
VICTIM-CENTRED STRATEGIES
Chances are you will have come across leaflets ranging from mobile phone
theft, to burglary to keeping safe at night, to cybercrime. Many of these
leaflets are directed at the ordinary member of the public and what they can
do to prevent crime happening to them. It is in this sense that they are
victim-centred; directing our attention to victimisation avoidance. The
increasing attention that has been paid to the way in which everyday
behaviour affords opportunities for criminal behaviour is part of what David
Garland (2001), a criminological theorist from the United Kingdom, has
called the ‘responsibilisation thesis’; that is the ever widening web of
individuals and organisations involved in sharing the responsibility for
crime prevention.
It might be worth just stopping to think for a moment about the kinds of
crimes that might be more susceptible to prevention as a result of
victimization avoidance. Think about the distinction used in this book
between crimes of the streets, crimes behind closed doors, and crimes of the
suites. In which, if any of these domains, would victimization avoidance
make sense? Now think about specific crimes under each of these general
headings: how might victimization avoidance strategies address
• Online fraud
• Bag snatching
• Rape
ENVIRONMENT-CENTRED STRATEGIES
This approach to crime prevention focuses on the offence rather than the
offender. It has two strands to it; those policies concerned with target
hardening and those concerned with what is referred to as ‘designing out
crime’. Again target hardening is something with which we are now very
familiar: fitting steering wheel locks to cars, window locks on properties,
introducing chip and pin credit cards, and security measures at airports are
all good examples of target hardening. Designing out crime looks for ways
in which housing estates and/or individual buildings can be better designed
in order to either increase means of surveillance and/or reduce those areas
for which no one feels responsible. In some respects closed circuit
television systems straddle both of these strands offering a technical fix in
terms of increased surveillance to target both crime and disorderly
behaviour. Indeed it would be rare to find a shopping centre or a car park
now that did not have a CCTV system in place. Yet despite the popularity of
CCTV, what is actually achieved is still subject to some considerable
debate.
Think back to where we started with this chapter and in particular the
idea that in order to prevent something you needed to have a fairly clear
idea of what caused it in the first place. And whilst the presence of CCTV
might have an impact in the particular location where it is installed, there is
no reason to think that this means that crime or disorderly behaviour has
been reduced or eliminated since the crimes or behaviours might be
committed somewhere else. Criminologists refer to this as the problem of
displacement. There are four different kinds of potential displacement as a
result of increased surveillance like CCTV.
There are five ways in which the community can be harnessed in the
interests of crime prevention:
If you have tried to answer the questions above you may have got a sense of
how difficult it is to define what a community is and then go on to design a
crime prevention policy that might work in a community, virtual or
otherwise. Quite some time ago, Peter Wilmott (1987), a British sociologist,
commented that community was a ‘seductive’ word. Rather like prevention
discussed at the beginning of this chapter, community carries with it all
kinds of positive connotations, but what it actually means is a little more
problematic. Wilmott (1987) offers three ways in which people use the term
community: to refer to an area (territorial meaning); to refer to things that
people have in common (an interest group meaning); to refer to a sense of
belonging (an attachment meaning). (In your own notes you may find traces
of all of these meanings including within virtual communities, that is, those
people you only know through the Internet.) In criminology, it is possible to
find other ways of thinking about community, for example, as disorganised
(see the discussion of sociological positivism in Chapter 1); as
disadvantaged (as localities in which the means to achieve the goals of
society are not available); and as frightened (as localities in which the fear
of crime is greater than the problem of crime itself).
So it can be seen that whilst the notion of community conjures all kinds
of ‘feel good’ factors associated with sense of place, identity, family ties, or
neighbourliness, when it comes to translating these ‘feel good’ factors into
policy not only is it difficult, it is a process that involves differentiating
those ‘communities’ in need of intervention and those that do not (hence,
the criminological use of terms like disorganised, disadvantaged or
frightened). Moreover, some would argue that in contemporary times
communities are characterised by quite different factors than the ones listed
above. Jock Young (2001), for example, suggests that communities are now
so ‘de-territorialised’ and no longer rooted in face-to-face interaction, they
are increasingly characterised by fragmentation, separation, and short-term
relationships rather than a sense of place or neighbourliness. Indeed,
communities may exist in quite different forms with different senses of
belonging, like Internet chat rooms, for example, as your own notes from
the exercise above may well illustrate.
This brief discussion highlights how complicated the idea of community
can be and therefore how difficult it might be to formulate policies that
might work within any particular community. It also highlights a further
range of questions that are worth thinking about:
1. If the policy concern is with social crime prevention, for what kind of
community and in what way?
2. If the concern is to intervene in some communities, are some of them
pathologised (made different and problematic); if so, why are they, and
are they blamed or not, for the problems they have?
3. Are all communities comprised of the citizens who all have the same
personal and economic resources, free of intimidation, to put policies
into effect? (Think about the kinds of localities where being the ‘eyes
and ears’ of the police might be problematic and where it might not
be).
4. What is the relationship between local authorities and national
authorities in providing for communities with problems, and how
might this be managed?
The third and fourth questions listed above encourage us to think about at
least two other questions. The first encourages us to think about the more
general question of how different societies work with a different
relationship between the citizen and the state. For example, fairly recent
research from France, Germany, and Italy suggests that not only does
community carry with it different meanings in those societies, they also
operate with different assumptions about who is responsible for what at the
local level, at a regional level, and at the level of the state. Indeed, there is
some evidence to suggest that the state has retained more responsibility for
social problems in those societies than has been the case in the United
Kingdom. Understanding these differences might interest a criminologist
trying to understand what might work or not work in the United Kingdom,
for example. The second question encourages us to think about whether all
members of a community have the same economic, social, and personal
resources to participate in community life and as a consequence participate
in crime prevention initiatives. This reintroduces the importance of
understanding power relationships in our thinking about crime prevention.
This is a question that we shall return to shortly. Our final trend in crime
prevention has been labelled integration strategies.
INTEGRATION STRATEGIES
The above heading is a fairly simplistic way of trying to capture the full
range and diversity of the contexts in which criminal behaviour, and
consequently criminal victimisation, is likely to occur. However, hidden
within it is a strong message about not only the diverse nature of crime but
also about the relative visibility/invisibility of different crimes and their
presence and/or absence in thinking about crime prevention. Traditionally,
much activity in relation to crime prevention has been focused on the
crimes that people see and know about (crimes of the streets). In more
recent years, increasing attention has been focused on that crime that people
see less of and often know less about: crime behind closed doors (think
particularly about child abuse, domestic violence, or abuse of the elderly).
Even less attention, in crime prevention terms especially, is paid to the kind
of criminal activity multinational business corporations might engage in
(crimes of the suites).
In this chapter we have thus far paid attention to the different
developments in thinking about crime and crime prevention that have
fuelled different policy initiatives in different countries without paying too
much attention to the question of what kind of crime these policies have
assumed to be problematic. For the most part, it is perhaps fair to say that
those policies have frequently worked with the idea that street crime,
burglary and car crime are problematic for people and have focused their
attention in this way. Indeed, it is fair to say that for the victim of such
crimes, this is certainly the case. However, within that activity, especially in
the development of multiagency and partnership working (where it has to
be said there has always been a concern with child abuse) different foci of
activity have developed. These developments have tried to address issues
relating to the less obvious types of criminal activity like domestic violence
and/or racially motivated crimes. These we might loosely think of as
‘crimes behind closed doors’ so it will be useful to think about the kinds of
issues that thinking about these kinds of crimes raises for crime prevention
policy.
I . . . eventually moved in for a short period with the woman who had
suffered the greatest number of victimisations in our survey . . . the
events reported to us in the survey were not regarded as particularly
remarkable. They were just part of life.
(Genn, 1988: 92–93)
The idea that criminal victimisation is ‘just part of life’ is a very powerful
one in coming to terms with understanding some peoples’ experiences of
crime in general and women’s experiences of domestic violence in
particular. The same observation might also be made of racially motivated
crime. (Indeed this is an issue that we shall return to at the end of this
section.) However, policy responses in this area have been largely informed
by developments in North America, where based on research by two
American criminologists, Berk and Sherman published in 1984, much was
made of the case for arresting the offender. Moreover, despite follow-up
findings published by Sherman and his colleagues in 1991 indicating that
the case for arrest was not proven, crime prevention policy in the United
Kingdom embraced what came to be called this ‘pro-arrest stance’. (In the
terms of the discussion here, an offender-centred approach.) Since that time,
responses to domestic violence, and the priority given to it as a crime, have
been endorsed through the establishment of Multi-Agency Risk Assessment
Conferences (resonant with the multiagency working commented on above)
and the establishment of Independent Domestic Violence Advisors. Both
initiatives work with the ‘at risk’ victim to try to devise ways of keeping her
safe. The question is, do these kinds of initiatives constitute an effective
crime prevention response?
It is important to remember that this chapter started by pointing out that
in order to prevent crime it was necessary both to know its cause and to
know what might impact upon that cause. At this point the reader might like
to reread this chapter and think about the following questions.
Hopefully what the questions above have led you to think about are the
range of issues relating to the crime of domestic violence and how to tackle
it. Indeed, you may have thought about a number of things including who is
the object of these policies, is their behaviour likely to change as a result of
interventions of this kind, like, for example, being arrested. You might even
have reached back to Chapter 4 and reflected on the various explanations
for crime and their relevance for domestic violence. Put simply, the
evidence suggests that in cases of domestic violence (and rape with which
this discussion began), the perpetrators are male and the victims are female.
So, one of the questions to be tackled might be, if we are serious about
addressing these kinds of crimes preventatively, how might it be possible to
address male behaviour? Would this be a truly gendered crime prevention
policy?
Summary
So thinking about ‘crime behind closed doors’ or perhaps more generally,
that kind of crime that tends to be less visible, raises all sorts of questions
about crime prevention policy, what kinds of crimes it is intended to
effect, and how it might work, as well as by implication, all kinds of
questions about what is meant by community and community safety.
Indeed, whether the idea of community safety means the same thing to
all sections of a community. As a result, the reader might like to think
about the following questions:
As has been indicated elsewhere in the book, crimes of the suites, all the
kind of crime that might be associated with the world of business, whether
that be the local builder taking a cash-in-hand payment to ensure the early
completion of a job or ‘insider dealing’ of the stock market, receive much
less attention from criminologists, politicians and policy makers.
Nevertheless this is an area of crime and criminal activity that carries
‘costs’ even if those costs are frequently hidden from view. What such costs
look like is not of concern here, but what is of concern is the hidden nature
of this kind of crime, and given its hidden nature whether crime prevention
policy could impinge upon it.
In an interesting and novel consideration of the development of crime
reduction programmes emanating from the 1998 Crime and Disorder Act in
England and Wales, Whyte (2004b), a British criminologist, conducted a
survey of the nature and content of those crime reduction strategies in the
Northwest of England. His study revealed the top target issues for the 26
crime and disorder partnerships in that region replicated, almost exactly, the
Home Office’s list of priorities in a part of the country where there is a
recognised problem with other kinds of transgressions. For example, Whyte
reports that in that same area:
The discussion above might have led you to think critically about the
problem of crime as it is conceived by the crime prevention agenda outlined
above. It is evident that much of this agenda understands the problem of
crime as a ‘local’ problem. Local here can be taken to mean within a
community, within a household, within a business or within a nation state.
Indeed much of the crime that occurs in all of these settings from hate crime
to fraud committed by and/or against business corporations does concern
people and therefore paying attention to how it might be best responded to
(prevented) is justified. However, it is also evident in the contemporary
world that people’s concerns about crime transcend these local agendas.
They are global. We shall discuss the questions posed for contemporary
criminology by the processes of globalisation in more detail in the
Conclusion. Nevertheless, in the context of crime prevention, some
recognition must be given to the ways in which ease of international travel
on the one hand but perhaps more pertinently the nature of global
communications, particularly through the Internet, on the other, raise all
kinds of sticky questions for a crime prevention agenda. This leads
inevitably into a consideration of what is now commonly referred to as
cybercrime.
Cybercrime includes any crime or criminal activity that uses a computer
or the Internet in the commission of crime. Given the growth in access to
the Internet and use of computers in everyday life, this kind of criminal
activity now permeates all aspects of social life. Indeed, for the first time in
2015 the Office of National Statistics (www.ons.gov.uk) included
cybercrime in its overall assessment of the extent of crime resulting in a
reported 107% increase in the amount of crime being measured. So
cybercrime includes a wide range of criminal behaviour from ‘grooming’
(using Internet chat rooms as a conduit to meeting, particularly underage
children, for the purposes of sexual activity); ‘trolling’ (harassment); the
distribution and sharing of illegal pornographic material (which might also
include ‘revenge porn’), computer hacking, financial fraud, identity theft,
the disclosure of documents considered a threat to national security
(‘whistle-blowing’ as perhaps in the case of Edward Snowden), to engaging
in activities considered preparatory to terrorism. The list is very long
indeed! Moreover, because of the inherent global context in which all of
this activity comes into being, the offender and the victim could be living
next door to one another or could be on different continents. The crime
could be personally damaging (as in trolling) or could be damaging to the
nation state (as in the case of whistle-blowing). The crime prevention
challenge for cybercrime is therefore substantial. How might such an
agenda be put together?
Think about the following kinds of cybercrime. Explore what kind of
information there is available about each of them from the different sources
of data referred to in Chapter 3. What will your answers to the questions
that follow look like?
• Identity theft
• ‘Grooming’ in an Internet chat room
• Engaging in activities preparatory to terrorism
1. What kind of crime prevention strategy could you use in each of these
examples?
2. How organised are these different kinds of crimes? Does this matter?
3. Does the Internet make some kinds of activities easier than others?
Does ‘victim-responsiveness’ account for these kinds of crimes?
(Think back to our discussion of this concept in Chapter 5.)
It will have undoubtedly taken you some time to work through all of the
issues above. However, in doing so, hopefully the complex challenges
posed for crime prevention policy in this area will have become apparent, as
will have the tricky questions posed for criminology’s capacity to take
account of globalisation.
CONCLUSION
This chapter has been concerned with offering an understanding of the ways
in which different thinking about crime links with different policy agendas
and to encourage some critical thinking about those links and the kinds of
agendas that are constructed. It is important to remember that the chapter
started with a fairly simple framework for making sense of the links with
which we have been concerned. Using the labels offered by Pease (2002), if
you think the psyche is the cause of crime then you will think of some way
of dealing with the offender, if you think that circumstance results in crime
you will try to reduce those opportunities; if you think that structure is the
cause of the problem, then you might focus on a deeper understanding of
the nature of social structure and longer-term strategies designed to impact
upon that. Throughout, the concern is with the question: What works? How
might the nature and extent of crime be reduced? Despite the difficulties
associated with putting together an answer to this question, whether that is
offered in relation to psyche, circumstance or structure, it is nevertheless
one that still drives the crime prevention/reduction agenda and still drives
much criminology.
EXERCISE
Your next door neighbour, whom you did not know very well, apart
from their name, has recently moved to new accommodation. Several
months after they have moved you get a telephone call from a detective
in a police force elsewhere in the country asking your name, address,
and for your activities in relation to securing a loan. During the course
of the conversation, it becomes apparent to you and the detective that it
was not you who secured the loan but the recent neighbour. They had
used your name and address to secure a loan (on which they had
defaulted) during the course of which other fraudulent activities had
taken place using your name. The detective thanks you for your
assistance in this matter and asks you to contact them should any further
information about the neighbour come to light.
The literature on crime prevention is now quite vast but a sound analysis of
recent developments in crime prevention is provided by G. Hughes (1998)
Understanding Crime Prevention (Buckingham: Open University Press).
Karen Evans (2010) offers a useful and critical introduction in her book,
Crime Prevention (London: Sage). Some of the dimensions to crime
prevention touched upon in this chapter are more fully developed in G.
Hughes, E. McLaughlin, and J. Muncie (2002) Crime Prevention and
Community Safety (London: Sage). This offers a much more advanced
theoretical and political analysis of developments in crime prevention and
so is really for the more committed reader but this book does offer some
useful comparative material. A sound overview of ‘Crime prevention and
community safety’ is offered by Adam Crawford and Karen Evans, in M.
Maguire, R. Morgan and R. Reiner (Eds.). The Oxford Handbook of
Criminology (2012 5/e) (Oxford: Oxford University Press) though this
again might be for the more serious reader. In any event, thinking critically
about any crime prevention leaflets and other material you come across is a
good exercise for any potential criminologists to engage in.
OceanofPDF.com
9 DEVELOPING YOUR CRIMINOLOGICAL
IMAGINATION
INTRODUCTION
Hopefully what you have read thus far in this book has made you sensitive
to the diversity and range of criminological interests. It should have also
made you aware of the differences between media and common sense
images of crime, the criminal and the victim, as compared with
criminological understandings of these issues. As was said in Chapter 1,
criminology as a discipline is peopled by a wide variety of individuals from
a wide variety of academic backgrounds tied together by their common
interest in crime. However, this interest in crime is not only an academic
one. It is also an interest in crime as a social problem. In other words (again
as you will remember from Chapter 1), the discipline is also concerned with
looking for ways of not only understanding the nature and impact of this
social problem but also for ways of alleviating it. Hence, the links between
what it is that criminologists study and do, and the question of criminal
justice policy. By way of conclusion this chapter will explore the changing
nature of those links in the light of the questions posed for the discipline by
the process of globalization. First of all, it will be valuable to offer a few
comments on the growth and development of criminology itself over the
last 25 years.
Those of you reading this book as a way of finding out whether you wish to
study criminology further may be surprised to discover that in the United
Kingdom 30 years ago there were no undergraduate courses in criminology,
though post-graduate training was available. Moreover at that time the
biggest employer of criminologists in the United Kingdom was the Home
Office. A brief look at undergraduate university courses now would reveal a
very different picture. The first undergraduate course in criminology related
subjects was launched at the University of Northumbria in the late 1980s
and since that time such courses teamed with subjects like law, sociology,
psychology, and cultural studies have blossomed. In addition, of course,
during that time in England and Wales there was considerable growth in the
kinds of jobs for which a criminology related qualification might be deemed
appropriate. This is particularly the case in the areas of youth justice and
community safety. Indeed the job title of ‘Community Safety Officer’ did
not exist 30 years ago! All of these developments may or may not be related
to the changing nature of the crime problem. Indeed some of them have
become especially acute at a time when the officially recorded rate of crime
appears to be in decline. (Hopefully, by now the reader knows how
problematic statements of the previous kind can prove to be!) Nevertheless
crime, as a subject of study, as a subject for media viewing, and as an
opportunity for many different kinds of employment seems to be a
significant feature in contemporary life. It is useful to reflect upon these
developments.
• Restorative justice
• Victim impact statements
• ‘Three strikes and you’re out’ approaches to punishing offenders
• Zero tolerance approaches to domestic violence
• Megan’s Law (informing local communities when a sex offender is
released into their community)
All of the above are examples of policies that have ‘travelled’ from one
jurisdiction to another. What questions does this process raise for you? (You
may want to think back to some of the issues discussed in relation to the
importance of comparative work within criminology in formulating your
questions.) In particular, you might want to reflect on the following:
Throughout this book, unsurprisingly, the author has drawn upon fairly
conventional and well-regarded approaches to criminology in order to
introduce the reader to the shape and form of the discipline. However, much
of that work, if not all of it, emanated from the Anglo-speaking world, and
within that the dominance of work emanating from the United States is
apparent. Given that the major growth areas for criminology are in China
and Southeast Asia and South America, the question must be asked: is there
a risk here for the discipline? If there is, what might that risk look like? Put
more simply, do the ideas and theories generated within the United States fit
in other quite different cultural contexts? How might they be influencing
the kind of criminology developing in those parts of the world and is that
influence rational and/or reasonable? In an impassioned critique of the
dominance of American criminology, Jock Young (2011) has talked of the
‘bogus of positivism’. Given that this book started with an appreciation of
positivism, both biological and sociological, his critique is worth
considering in a little more detail.
In this, his last book, Young (2011) offers a thorough going critique of
what he understands as scientific criminology. He invites us to reconsider
the relevance for the discipline of the seminal work of C. Wright Mills and
his observations on the dangers of abstracted empiricism: being
preoccupied with counting without necessarily being able to assign any
meaning to what is being counted. (At this point the reader might want to
revisit the discussion on the relations between meaning and explanation in
Chapter 4.) In Young’s view, the dangers of abstracted empiricism have
been ignored in criminology and have resulted in a discipline tainted by the
‘bogus of positivism’. The ‘bogus of positivism’ is characterised by an
obsession with numbers: counting crimes, statistical correlations about
crime, estimating the risk of crime, and so on. For him, this kind of
criminology has a strong presence in the United States and that presence
and influence is found elsewhere, especially in China, and Southeast Asia,
and as such takes its toll on what counts as criminology. Perhaps more
importantly for Young, this version of criminology rests on a number of
faulty assumptions about the nature of social reality, and the capacity for
number to capture that reality. In particular, as Young (2011: 73) expresses
it, a key faulty assumption lies in ‘the momothetic impulse [that] is at the
heart of positivism: the search for generalizability which is independent of
nation or locality’. In other words, this version of criminology smooths out
culture and difference. It assumes that the general statistical findings
associated with this version of criminology are applicable across the globe.
Herein is the risk of globalization for the discipline. What do you think?
CONCLUSION
A short and very useful book on crime and risk is written by Pat O’Malley
and was published in 2010 in the Sage Compact Criminology Series
(London: Sage). If you want to take your understanding of criminology
further, then it will be useful to have The Sage Dictionary of Criminology
(2006 2/e) as a companion. It has useful definitions and key terms along
with evaluations by experts in the field that will be invaluable if you decide
to study the discipline further. For those particularly interested in some of
the issues raised in this chapter, then consider reading Jock Young’s (2011)
The Criminological Imagination (Cambridge: Polity). In addition, Hillary
Potter’s (2015) book, Intersectionality and Criminology (London:
Routledge) is a challenging and provocative read for the brave hearted. The
range of introductory textbooks designed for the first-year student of
criminology is vast with many of them offering a very similar diet of
material to consider. Your pocket might help you decide which if any of
these you purchase. Good luck!
OceanofPDF.com
GLOSSARY OF TERMS
OceanofPDF.com
BIBLIOGRAPHY
OceanofPDF.com
INDEX
Cameron, D. 26
Canada: court system 148; feminist campaigns for zero tolerance 175;
official crime statistics 34, 39
capitalism and white-collar crime 129, 137, 138
capital punishment: in past centuries 48; in USA 149, 155
car crime prevention policies 187
Carrabine, Eamonn 106
CCTV (closed circuit television) 179–80
Chambliss, W. J. 137
Chesney-Lind, M. 106
Chicago School of Sociology 12–14
child abuse 66, 69, 181
China 204, 205
Christie, Nils 105, 106, 135
Clark, R. V. 81
class: and criminality 14, 168–9; in Marxist view of causes of crime 137;
and offending rates 79; and social context 89; and victimisation 107–8
classical criminology 80, 210
classism and UK criminal justice system 169
Code of Practice for Victims of Crime 163
Cohen, L. 83
Cohen, Stan 55–6
Coleman, C. 6, 24
commercial crime 125
commitment 86
common sense idea of crime 59, 74, 77, 91, 100, 105, 123
community: belong to real or virtual 98; building resilience 182–5; crime
prevention strategies centred on 174, 180–1
community safety 179, 181–2, 192
comparative criminology 210
comparative research 49
Comprehensive Spending Review 152
computer hacking 29, 195
Comte, Auguste 8, 12
concentric zone theory 13, 210
Connell, G. W. 94, 95
conscience and criminality 10
constabulary fallacy 58–9
constitutional rights, USA 161
continuum of terrorism 142
control balance theory 87–8, 210
Cook, Dee 152
Cornish, D. 81
corporate crime 96, 115, 116, 124
corporate fraud 125
Council of Europe 34
court system 154, 159–61
credit card crime prevention strategies 179
crime: cause 7, 173–4, 189–90; definitions and determining elements 3–6;
different theories informing policies 76, 77–8, 88; displacement 179–80;
and human rights 5; impact on victim 104, 114–16, 121, 162–4, 177;
maleness of 93, 94, 95; offences not criminalised 124, 167; picture
presented by official statistics 38; question of how much 54–5, 59–60;
recognising, reporting and recording crime 35–38; risk from and impact
of 115; as a social problem 172, 200; state 96–7; typology of 138;
understandings of 5; visible and invisible 41, 46–7, 51, 173
Crime and Disorder Act 1998, 33, 37, 193
Crime and Everyday Life (Felson) 57
Crime and Human Nature (Wilson and Herrnstein) 10
crime control 150, 151
Crime in the United States (CIUS) 34
crime prevention 64; critical thinking on policy agenda 184–5, 194–5;
policies on domestic violence 189–90; and rational choice theory 81–2;
relationship with criminology 7, 172–3; structural dimensions 173–4,
187–8, 193–4; trends 174–87
crime rates: appearance of decline 200; increases 79; problems of
comparison 47–9, 62
crime reduction 193, 196, 210; local policies 33; by zero tolerance policy
175
crimes behind closed doors 60, 65–70, 73, 101, 110, 172; crime prevention
strategies 188–93
crime scene investigators (CSI) 2
crime science 84–5, 210
crimes of accommodations and resistance 138
crimes of domination 138
crimes of globalisation 125, 126
crimes of the streets 60–5, 101, 123, 172; crime prevention activity 174;
England and Wales 60–4
crimes of the suites 60, 70–4, 96, 118–20, 123, 125–7; and criminology
136–41; structural dimensions 193–4; victimisation aspect 133–6
crime trends 37
Crime Victims Ombudsman 163
criminal behaviour: issues of definition 35; motivation viewed in social
contrast 83; recognising, reporting and recording 35–8
criminal damage 37–8, 58
criminality/criminals: biological explanation 9–11; Felson’s fallacies 57–9;
Marxist view 136, 137; popular media images 2; sociology of 14
criminal justice system: awareness only of reported crimes 35–6, 65;
complexity of 166–7; contemporary relationship with criminology 200;
context of justice and punishment 148, 150; different principles of justice
149–52; failure to recognise crimes of the powerful 134; importance of
understanding 147–8, 154–6; key components 154–62; maleness of
professions 94; and the media 51; problems of attrition and discretion 34,
38; role of victims 16–17, 104, 116–17, 155–6, 165–6
Criminal Other 10, 11, 210
criminal statistics. See also official criminal statistics: Chicago School
project 13; Reiman’s challenge to conventional thinking 124; USA
murder rate 169
criminal victimisation statistics 38–9, 49–50, 67, 83, 104, 108, 115; and
measuring fear of crime 42; problems regarding respondent 39–41
criminal victimisation surveys 17, 40, 210
Criminological Other 11–12, 14, 20, 27–9, 87, 92
criminological theory 41, 77
criminologists 2–3; and crime of the suites 73, 74; definitions of crime 3–6;
interest in terrorism 142–3; interest in victims of crime 106; involvement
in crime prevention 172–4; monitoring changes in criminal justice system
116; popular media images 2; problems of comparison 47–9, 64;
relationship with crime prevention 169–70; relevance of the British
Crime Survey 60; research findings 32, 41, 59; restorative justice policies
186; victimisation surveys 40, 42, 49–50
criminology: comparative research 49, 55; compared to crime science 84–5;
and crimes of the suites 140–1; dealing with white-collar crime 136–40;
diversity of interests within 27, 199; feminist influence 19; growth and
development 200, 207; historical development 8–14, 48; influence of
positivism 8–9; and intersectionality 205–6; issue of invisible crime 46–
7; as modern academic discipline 1–2, 6–7, 27–8, 51, 76, 95, 140, 199,
200; multidisciplinary nature of 3; research knowledge 32, 41, 55, 206;
and risk 202–3; and Westo-centric thinking 204–5; zero tolerance policy
201–2
critical criminology 139–40
critical thinking 207; about maleness of crime 93; about media images 55,
56, 74; criminological research 43–4; criminology as academic discipline
27–8; developments in Marxist theory 137; policy agenda for crime
prevention 196–7
Croall, Hazel 125–6, 129, 130, 132
Crown Court 159, 160
Crown Prosecution Service (CPS) 158–9, 161
cultural criminology 56, 97–100, 123
cultural victimology 120–1
culture. See also popular culture: and understanding crime 14, 48–9, 202
culture of fear 143
Customs and Excise 33
cybercrime 81, 195, 210
Dafur 96
Daly, K. 186
dark figure of crime 33, 38, 41, 65, 210
Darwin, Charles 9, 11
data/information sources 32–34, 41, 51–2
Davies, P. 46, 72
Denmark 121
designing out crime 179
detective stories 2, 57
determinism 9, 10, 210
deterrence: and crime prevention 81, 174; and punishment 81
Dick, Phillip 143
differentiation: in criminology 9, 10, 210; in victimology 15
‘disasters’ 71, 131
discretion 38, 156–61, 166–7, 210
disorder policing 176
displacement 82–3
domestic violence 40, 66, 67; feminist research and views 19, 189; recent
focus of crime prevention 189; recent police concern with 158;
sometimes not recognized as criminal 35
dramatic fallacy 57
drug offences 86, 106
due process 150, 151
Durkheim, Emile 12
Hall, R. 67
Hall, S. 99, 138
harm: corporate 129; as determining element of crime 6, 126
hate crimes 118–20, 191; U.S. statistics 34, 119
Hayward, K. 99
Health and Safety Executive 124, 130
health and safety legislation: offences against 41, 70, 73, 115, 126, 139;
problem of keeping up with changes 128
hegemonic masculinity 76–7, 94–6; and criminal victimisation 108, 112–13
Heidensohn, Frances 92
Henry, S. 6
Hentig, Hans von 15, 18
Her Majesty’s Inspectorate’s of Constabulary, Probation and Prisons 33
Herrnstein, R. 10, 11
heterosexuality, normative 94
higher education courses to criminology 200
Hillsborough football event 134
Hindelang, M. 83, 108; eight propositions on criminal victimisation 83
Hirschi, T. 85, 87
Hobbes, Thomas 85
Holmes, R. and S. 21, 22
Holmes, Sherlock 2, 57
home: crimes behind closed doors 65; hegemonic masculinity 95; idea of a
safe haven 65, 68
Home Office 200; lists of targets for crime reduction 193; research on
incidence of rape 67; victimisation survey 39; website 33
homosexuality 94
Hood-Williams, J. 94, 95
Hopkins-Burke, R. 85, 90
House of Lords 159
Hudson, B. 171
humanistic understanding of crime 5
human rights: and crime 5; legislation 153
Human Rights Watch Report 68
Hutu 72
Hyde, Greater Manchester 20
Japan 67, 79
Jefferson, T. 94, 157, 168
Jones, T. 201
Jupp, Victor 46, 72
justice: access to 50; ideas of 148–50, 164; and role of criminal justice
system 148, 150, 151
justice gap 50, 211
law: changes impacting on crime 48; and definitions of crime 4–5, 35, 48,
66–7, 153; as different in each American state 155; issues affecting
official statistics 36, 37; and legitimation of state power 120, 136; need
for focus towards white-collar crimes 136, 138
law abiding behaviour 85, 86
law and order: centrality to political process 201; police’s role in upholding
157–8
law breaking behaviour 124–5
Lawrence, Stephen 119, 167, 168, 192
Laycock, G. 84
left realism 88–9, 211
legal system. See law
lifestyle and criminal victimisation 16, 83, 108–10
local authorities 33, 182
logic and Greek view of justice 148
Lombroso, Cesare 9–10, 11, 15, 84, 200
London 68, 119, 138
London 7/7 terrorist attack 141
paedophiles 98
parenting 87
Paris 2015 terrorist attack 141
partnerships 180, 182
Pasko, L. 106
passionate criminal 9
pathology 211; in criminology 9
patriarchy 211; and criminal victimisation 66, 110–12; feminist view on
violence against women 66
Pease, K. 64, 80, 173, 196
personal experience as source of knowledge 43
pharmaceutical industry marketing of unsafe products 125
Pierot, Hercule 2
Poland 67
police: declaring institutional racism 167–8; different roles in European
countries 156; function in criminal justice system 154, 157–8; official
statistics of crime 32, 33–4, 37, 39, 41; popular myths 58–9; reporting of
incidents to 36; role in upholding law and order 157–8; stop and search
powers 143, 158; targeting of ethnic minority groups 158, 167; zero
tolerance policy 201–2
policing organisations 33
policy 60; connecting justice and punishment 149–50; crime prevention
agendas and initiatives 175, 176–7, 184–5, 186, 187; criminologists’
involvement 172–4; failure of restorative initiatives to travel 201–2;
involvement of victims in criminal justice process 16–17, 19, 117, 160–1;
relationship with theory 78; response to domestic violence 190; response
to victims in England and Wales 161; role of criminal victimisation
survey 39; role of research on transnational crime 50; travelling to
jurisdictions 202
politicality of crime 137
politics: in Marxist view of crime 137; rhetoric about crime statistics 47–9
popular culture: and consumption of crime 56
popular images 69; media 1, 2
popular myths: around rape 68; and moral panic 55–6; of restorative justice
186–7
pornography 94, 111, 195
Portugal 67
positivism 8, 76, 77, 204; impact on victimology 119; influence on
criminology 8–11
positivistic victimology 16
post-traumatic stress syndrome 114
Potter, Hillary 206
power relations: in defining criminal behaviour 74; and hegemonic
masculinity 94–5; in Marxist view of crime and criminology 137, 148; in
thinking about crime prevention 185; underlying crimes behind closed
doors 69–70, 74
pre-crime 143–4, 211
prevalence studies 66
primary victimisation 114, 211
prison: as crime prevention strategy 173, 175; incidence of male rape 68
probation service 154
profit motive of white-collar crime 129
property crime 39, 41, 119
proportionality 211; and punishment 149
prostitution 106, 156, 176
psyche and offending behaviour 64, 69, 77, 174
psychiatry: investigation of serial killers 21–2; observations on Shipman
21–2
psychology. See evolutionary psychology
public perception: drama of crime of the suites 70; influence of media 56;
white-collar crime 130
punishment: and deterrence 81; and justice 149–50; prison as 175, 177;
versus rehabilitation 175
Sage Dictionary of Criminology (2006) 3, 80, 84, 94, 97, 110, 209
‘scandals’ 72
scientific criminology 205
Scraton, Phil 134
secondary victimisation 114, 116, 211
self-control 87
self-report studies 44–5
sentencing 160
September 11, 2001 events 141
serial killers 20–1. See also Shipman, Harold; approach of evolutionary
psychology 23–4; approach of sociology 24–5; feminist perspectives 25–
6; typology 21–2
seven features of invisibility 46
sex: difference with gender 93; in evolutionary approach to serial killer 23–
4; as key motive of serial killers 21
sexism: UK criminal justice system 168–9
sexual abuse of children 69, 113
sexual assault: attrition rate 50; crimes behind closed doors 66; feminist
campaign for victims of 116; incidence and prevalence studies 67–68;
men as offenders 112; men as victims of 68–9
sexuality. See males/male behaviour; masculinity
sexual orientation bias behind hate crimes 118
Sherman, L. W. 189
Shipman, Harold 1, 20, 26–7, 28, 57, 126, 133, 153; approach of
evolutionary psychology 23; approach of sociology 25; feminist
perspective 25–6; psychiatric observations 22–3; sociological
perspectives 25
shoplifting 58
Simon, J. 203
situational crime prevention 82, 212
Snowden, Edward 195
social agreement as determining element of crime 6
social bonds 85–6
social constructionist understanding of crime 5
social control theory 76, 77, 85–8, 92
social crime prevention 180, 182, 212
social disorganisation 13, 212
socialisation and criminality 10
social justice 150, 151–2
social psychology 88
social relations: normative heterosexuality 94; social bonds 85–6
social sciences development 8
social structure: and offending behaviour 64, 68, 76, 78, 180, 195;
patriarchy 110; and relative deprivation 88
social theory of deviance 138
social understanding of crime 5
societal response as determining element of crime 6
Societe Generale Bank 29
socio-cultural context in comparative research 49
sociological positivism 12–14, 76, 77, 184, 212
sociology 8; perspective of crime prevention 177; perspective on serial
killing 24–5; perspective on Shipman 25; research on role of media 55–6
Soothill, K. 32, 78
South America 204
Southeast Asia 204, 205
Spalek, Basia 119, 191
spirit injury 119, 191
square of crime 89
state crime 96–7
statistics. See criminal statistics; official criminal statistics
stereotypes: ’ideal victim’ 105; media portrayals of offenders 57
stop and search powers 143, 158
structure. See social structure
surveillance crime prevention strategies 179, 181
survivor 212; feminist use of term 18, 105
Sutcliffe, Peter 24, 26
Sutherland, E. 70, 127
Sweden 67
Sweeting, A. 163
Walby, Sylvia 67
Wales. See England and Wales
Walker, M. 168
Walklate, S. 7, 67, 88, 90, 110, 115, 131, 134
Walton, P. 138
war on crime 74
water quality offences 193
Westo-centric thinking and criminology 204–5
white, heterosexual male 94; Darwin’s theory of evolution 11; as
Victimological Other 19; in victim typologies 15, 16, 18
white, middle class male: as Criminological Other 28
white-collar crime 45, 70, 125; ambiguity 128; and criminology 129;
Marxist thinking 137–8; victim responsiveness 133–4
Whyte, D. 124, 126, 130, 140, 193–4
Wilmott, Peter 183–4
Wilson, Dean 144
Wilson, J. Q. 10, 11, 175, 176
Winlow, S. 99
women. See also elderly women; young women: Amir’s idea of victim
precipitation 18; biological positivistic ideas 11–12; control over 92–3; as
Criminological Other 28; feminist view of crimes most affecting 18–19;
incidence and prevalence of rape and sexual assault 67; jail inmates in
USA 62; as perpetrators of child physical abuse 69; victimisation of 121;
victims in Shipman case 25, 28; working in criminal justice system 170
workplace crime 46–7, 115; deaths from health and safety crimes 124
World War Two 15
Wuornos, Eileen 21
zemiologists 5
zemiology 212
zero tolerance 175, 201–2
zone of transition 13, 212
OceanofPDF.com