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Many corporate interests donate heavily to both political parties to ensure access to legislators and favorable action on their legislation, regardless of which party wins the election. The result of this influence can be tax breaks, less regulation, or limits on the extent of punishment, such as the size of damages juries are allowed to award against businesses in product liability cases.
An excellent example is the process to establish sentencing guidelines for corporate misconduct. In , Congress established the U. Sen- tencing Commission to help create guidelines that would make fed- eral sentencing more certain and uniform in criminal cases. The first set of guidelines in did not address corporate crime, although the ones did. In addition, the commission had devised innovative new punishments—including probation and community service for convicted organizations.
Etzioni , p. Isikoff , p. A1 Also, although real people convicted of felonies lose their voting rights, corporations convicted of multiple felonies lose none of their political rights—and in some cases, like with GE, try to lobby Congress to weaken the law under which they were convicted.
Further, corpo- rate charters themselves act as a shield from the public and give the corporation permission to act in the best interests of shareholders rather than the larger public good. Thus, the corporation is now a superhuman creature of the law, superior to you and me, since it has civil rights but no civil responsibilities; it is legally obligated to be selfish; it cannot be thrown in jail; it can deduct from its tax bill any fines it gets for wrongdoings; and it can live forever.
Hightower a, p. Because class is related to political power and law making, class is also deeply impli- cated in theoretical understandings and constructions of crime. This section of the chapter provides an overview of the issues, then focuses on two specific issues: the link between inequality and crime, and the underdeveloped state of theory about white-collar, corporate, and state crime.
The next section provides more comprehensive analysis on the relationship between class and law. Frequently, the formation of the criminal law is not part of any theorizing about class, so the definition of crime is seen as more of an absolute than the contingent outcome of a political process that includes class conflict and class biases. At other times, crime theory assumes that criminal law is a direct reflection of consensus, or of folk- ways hardening into custom and finally law.
If criminology makes no moral judgment independent of criminal statutes, it becomes sterile and inhuman—the work of moral eunuchs or legal techni- cians. If moral judgments above and beyond criminal law were not made, the laws of Nazi Germany would be indistinguishable from the laws of other nations. For them, crime was not about the defects of morality or biology, but rather about the defects of society and the product of the demoralization and alienation caused by the horrible conditions of industrial capitalism.
Crimes were defined as violations by the state of natural or human rights and as forms of prim- itive rebellion. The work of Richard Quinney , for example, is representative of the instrumental model.
In contrast, crimes of accommodation are committed by relatively powerless people of the lower and working classes. Quinney identi- fied three crimes of accommodation, or of adaptation to the oppres- sive conditions of capitalism and to the domination of the capitalist class: predatory crimes i. For Quinney, the real danger to society comes from the crimes of domination rather than the crimes of accommodation. However, the former acts are not criminalized as they serve the inter- ests of the ruling classes; the latter acts are criminalized and punished as they threaten the political and economic status quo.
Hence, crime control is really class control. As an example, consider the following quote taken from one of the founding fathers of the classical school, Cesare Beccaria, in his book, Essay on Crimes and Punishments, first published some two hun- dred years ago and still in print today.
In trying to reason through the appropriate punishment for an offender, he takes the imagined voice of the criminal: What are these laws that I am supposed to respect, that place such a great distance between me and the rich man? He refuses me the penny I ask of him and, as an excuse, tells me to sweat at work he knows nothing about.
Who made these laws? Rich and powerful men who have never deigned to visit the squalid huts of the poor, who have never had to share a crust of moldy bread amid the inno- cent cries of hungry children and the tears of a wife. Let us break these bonds, fatal to the majority and only useful to a few indolent tyrants; let us attack justice at its source.
I will return to my natural state of independence; I shall at least for a little time live free and happy with the fruits of my courage and industry. The day will per- haps come for my sorrow and repentance, but it will be brief, and for a single day of suffering I shall have many years of liberty and of pleasures. At the same time, the speaker advocates unspecified crimes of accommodation in response to the oppression. Instead, Beccaria argued that the death penalty is an inef- fective deterrent that should be replaced by the more protracted suf- fering of life imprisonment.
Indeed, he believed that overuse of the maximum penalty is an incentive for escalating rather than curbing class conflict. William Chambliss articulated a structural-contradictions theory of crime and crime control, in which recognition is given to the resistance and pressures from other classes besides the ruling classes.
In his model, Chambliss identifies certain contradictions inherent within capitalism, such as the contradictions between profits, wages, and consumption—or between wages and the supply of labor. These contradictions ultimately culminate in crime as underclasses are formed that cannot consume the goods that they were socialized to want as necessary for meeting the conditions of happiness.
One solu- tion for these underclasses is to resort to criminal or illegitimate behavior. The state then responds to these acts with crime control. We explore this idea further in the next chapter with respect to scholars who argue that the high rates of incarceration for African Americans are the result of crime control policies put in place to control the minority population denied a place in an increasingly technological society with less need for their labor.
Fuller theories of human behavior, crime, and crime control should strive to integrate individual-level factors with social structure factors Barak However, most crime theory continues to emphasize how the crime problem can be located primarily in defective individuals found among the poorer classes rather than to suggest or integrate the possi- bility of a defective economic system.
Some 30 years later at a retrospective sponsored by the U. Although research on the link between social disadvantage and crime is not a priority for government funding, criminologists have continued to explore it. The important theoretical concepts relate to inequality, relative depriva- tion, and blocked opportunities. Further, high levels of inequality mean that there are more poor and destitute than would exist under a more equal distribution.
Inequality also produces more structural degra- dation, which he argues is important because of the links between humiliation, rage and violence. Because most of criminology tends to be guided by the criminal law, the focus of crime theory is almost exclusively on the behavior of the poor. But this work did get the attention of Edwin Sutherland, who was interested in the criminality of the rich because of his attempt to develop a general theory of crime.
He believed that a major defi- ciency of criminological theory was that it could only explain crime by the poor, which made for not only class-biased criminological the- ory, but for a practice and policy of criminal and juvenile justice steeped in class biases as well Platt In , Sutherland intro- duced the term white-collar crime in his presidential address to what is now the American Sociological Association.
Much of the theory that does exist is devoted to explaining shoplifting or employee theft rather than wrongdoing and violence by corporations. Also neglected within the sphere of white-collar crime is state crime, including the denial of human rights, surveillance, and other state crimes of domination.
Further, although serial killers are a trendy topic of study for criminologists, criminology devotes little attention to mass murder such as genocide. The least frequently discussed are corporate and government crime, in which the powerful are the perpetrators who are victimizing employees, consumers, taxpayers or the environment. Terms like eco- nomic crime, financial crime, business crime, and even categories like technocrime and computer crime should cover the range of possible vic- timizations, but they are frequently limited to acts against financial institutions.
Headlines occasionally proclaim the U. The criminal justice system rarely applies its tough-on-crime rhetoric to the executive who harms employees by cutting corners on workplace safety, who knowingly markets unsafe products, or who causes envi- ronmental damage in order to help boost corporate profits.
More specifically, occupational crime is done to benefit the perpe- trator personally rather than the business. At times, the victim will be the business, although at others it may be consumers. Corporate crime is perpetrated by individuals in a corporation and acting in its interest and benefiting themselves individually through bonuses and promotions.
The victims include workers, consumers, taxpayers, communities, the government, and the environment Winslow Acts include fraud against the gov- ernment, taxpayers, or consumers and anticompetitive practices which cause higher prices. Corporate violence refers to acts that inflict physical suffering rather than simply monetary losses, as in the case of dangerous or defective products, unsafe working conditions, and medical conditions caused by pollution or toxic waste.
State crime is perpetrated by public officials who are trying to perpetuate a specific administration, exercise general government power, or exercise undue influence on behalf of large campaign contributors. The vic- tims can be as widespread as all taxpayers who are forced to pay for corruption and fraud; victims can also be a specific political group—or even its leaders—who are denied basic political rights through surveil- lance and harassment Barak a.
Thus, any investigation of crime must start with the process of law making, which includes a theory of the state. While some law reflects widespread consensus about con- duct that should be prohibited, the criminal law also helps shape pub- lic perception about what constitutes harmful behavior.
Thus, definitions of crime appear to be the result of consensus rather than problems of differential application and selective enforcement based on unequal access to the law-making process. Sell Crack? The mass media rarely present crime stories to engage this question, but the American public frequently regard white-collar crime as at least as serious as street crime and feel that corporate criminals are treated too leniently Grabosky, Braithwaite, and Wilson Respondents in polls have supported stiffer sentences than had been handed down under the Food, Drug and Cosmetic Act.
People in other surveys favor incarceration for false advertising, unsafe workplaces, antitrust offenses, and the failure by landlords to make repairs, resulting in the death of a tenant. Even though people do see some corporate crimes as being as serious as street crime and as deserving of punishment and incarcera- tion, these sentiments are not reflected in the criminal law, because of intervention in the law-making process by the wealthy and the power elite.
Most of the harmful and illegitimate behavior of the rich and pow- erful has not traditionally been defined as criminal, but nearly all the harmful and deviant behavior perpetrated by the poor and the pow- erless is defined as violating the criminal law. Thus, crime control the- ory and practice evidence a legal and structural class bias by concentrating the coercive power of the state on the behaviors of the poor.
Harms committed by the politically and economically power- ful that do come within the purview of criminal law are typically downplayed, ignored, or marginalized through differential applica- tion. But habitual offender laws do not apply to corporate persons like GE that can repeatedly commit serious crimes without being subjected to habitual offender statutes.
In some cases, harmful actions will be civil offenses rather than criminal ones, but the difference is significant because civil actions are not punishable by prison and do not carry the same harsh stigma. Other destructive behavior may not be prohibited by civil law or regu- lations created by administrative agencies. In this respect, the tobacco industry produces a product that kills , people a year, but its actions are not illegal, not a substantial part of the media campaign of the Office for National Drug Control Policy or Partnership for a Drug Free America, or even subject to federal oversight as a drug.
Similarly, because government makes the laws, many of its own abuses of power are not considered to be crimes. One of the classic statements on this topic is a book by C. Wright Mills called The Power Elite , in which he argued that American life is dominated by an elite composed of the largest corporations, the military, and the federal government. Mills argued that these three spheres are highly interrelated, with members of each group coming from similar upper-class social backgrounds, attending the same pri- vate and Ivy League universities, and even belonging to the same social or political organizations.
Corporate elites also make large polit- ical donations to ensure their access to the law-making process. Reiman a suggests that the result of these circumstances is that law is like a carnival mirror. It distorts our understanding of the harms that may befall us by magnifying the threat from street crime because it criminalizes more of the conduct of poor people.
Black sought to discover a series of general rules to describe the amount of law and its behavior in response to social variables such as stratification, morphology impersonality , culture, social organization, and other forms of social control. When it comes to issues of class, the variables of stratification and social organization are the two most relevant. Black proposed that the law varies directly with hierarchy and privilege, so that the more inequality in a country, the more law.
He also applied his proposition to disputes between two parties of unequal status or wealth. This means the use of criminal rather than civil law, for example, and a greater likeli- hood of a report, an investigation, arrest, prosecution, and prison sen- tence.
In contrast, when the wealthier harms the poorer, Black predicted there would be less law—meaning civil law, monetary fines rather than jail, and therapeutic sanctions rather than punitive ones. Black argued that social organization is the potential for collective action.
Hear- ings, , p. The ones who have, received an average of two years compared with an average of nine years for a bank robber Hearings The same pattern applies to corporate crime as well. Indeed, crim- inologist James Coleman did an extensive study of enforce- ment of the Sherman Antitrust Act in the petroleum industry and identified four major strategies corporations use to prevent full appli- cation of the law.
First is endurance and delay, which includes using extensive legal resources to prolong the litigation and obstruct the dis- covery of information by raising as many legal technicalities as possi- ble.
Third is secrecy and deception about ownership and control to pre- vent detection of violations and make them more difficult to prove. Fourth are threats of economic consequences to communities and the economy if regulations are fully enforced. Criminal Justice Processing Assessing the impact of class on criminal justice is hindered by the minimal amount of information collected on the topic.
The FBI collects no informa- tion about class or income to include in its yearly report. The Sourcebook of Criminal Justice Statistics does a little better by including a chart showing how the chance of being a victim decreases as personal income increases see Tables 2. Several other charts include salary or employment information from which rough infer- ences about class can be drawn see the Workers section later in this chapter. Because class data are scarce, little research and analysis are done—and government agencies that fund research are uninterested in explorations of economic bias.
As noted above, the general pattern is that those who find them- selves at the first stages of criminal justice processing are dispropor- tionately poor, and those who emerge from the other end bound for prison are poorer still.
Back in , one U. This comment is no less true today than it was then, but there is less interest in the topic now. This analysis includes victimization, the distribution of knowledge about known offenders, and media depictions of criminal justice. It also includes more specific examples of differential application in law making and selective enforcement from the identification of criminals to the last stages of judicial processing, the sentencing to incarcera- tion.
Finally, this section looks at the economic position of those who work in the field of criminal justice. Victimization The main source of information about victims that criminologists use is the National Crime Survey conducted by the U.
Bureau of the Census. The information on victimization and income for is repro- duced in Table 2. The pattern holds for all types of violent crimes, including rape, robbery, and assault.
The pattern involving higher rates of victimization for lower-income households is even more pronounced in cases where the crime of violence was completed or involved an injury.
However, low-income households are more likely to experience burglaries—especially com- pleted ones and involving forced entry—than upper-income house- holds. Successful car theft and various thefts or personal larcenies that do not involve contact with the offender are the crimes that upper- income households are more likely to experience. Source: U. These two tables present a picture of victimization that is incom- plete in several respects.
For example, many harmful acts of business and government are not part of the criminal law, so differential appli- cation removes many types of injury from official data. Indeed, Reiman a recalculates figures from the FBIs Uniform Crime Reports on how Americans are murdered to include workplace haz- ards, occupational diseases, unnecessary surgery, and fatal reactions to unnecessary prescriptions.
The 20, murders become 68, using the low range of estimates to produce a conservative estimate. Further, businesses and other institutions are excluded from esti- mates of victimization.
However, because of their concentrated wealth and social organization, businesses are able to publish supple- mentary statistics on the victimization they suffered from, say, employee theft or credit card fraud. Insurance companies may also produce additional information on fraud related to false claims by patients or doctors. But there is a profound lack of data in criminology about the pain and suffering experienced by the 44 million Ameri- cans who have no health insurance.
Identification and Adjudication On November 20, , the front page of the New York Times car- ried two stories about crime. There are 28 grams to an ounce, 16 ounces to a pound, and 2, pounds to the ton. The new police officers paid for by the bill were among those out on the streets searching for gang members and busting numerous poor people with small amounts of cocaine, who ended up in the pris- ons built with an influx of federal money.
In contrast, the CIA was not identified as a drug trafficker, nor were any officials arrested. But those are mini- mal reactions to using taxpayer money to buy cocaine and ship it into the United States, whether as part of intelligence operations or not. This incident reflects a larger pattern in which police and law enforcement focus on acts that have officially been defined as crimes—the behaviors of the poor.
Law enforcement and the larger enterprise of identifying criminals focuses on the lower economic classes. The records reveal that every one of the seventy corporations had violated one or more of the laws, with an average of about thirteen adverse decisions per corporation and a range of from one to fifty adverse decisions per corporation. This finding is especially noteworthy because many behaviors of the corporation are not covered by the law and the government has had limited enforcement staffs to monitor and investigate corporate violations, so the figures thus represent a very conservative, minimal estimate.
A Justice Department study examining the years —76 found that more than 60 percent of corporations had at least one enforcement action initiated against them, and half of the companies were charged with a serious violation. A later study by U. On the other hand, the administration eliminated many federal regu- lators and the inspectors who acted as police in the corporate neigh- borhood.
Some suggest that this strategy is like removing police from a high crime area because the free will of criminals is being interfered with. Many companies simply entered into a consent decree stating they would not do it again but were not required to make structural or organizational changes to prevent further lapses.
An accounting of the costs of crime both reflects the same class bias and helps to re-create it by focusing attention on street crime.
In contrast, no single agency is charged with reporting on the crimes in the suites. No annual report is issued on white-collar crime, nor are there several reports that can be easily pieced together. One of the better estimates is done by Reiman a , who starts with a U. Chamber of Commerce publication called A Handbook on White-Collar Crime that was originally published in and has never been officially updated.
Reiman updates fig- ures where more current data are available and revises other numbers in light of inflation and population growth. But what is also surprising is the effort required to arrive at a respectable estimate of crimes in the suites, especially when the government is willing to spend incredible effort counting the cost of street crime. While at times the problems related to corporate crime and biases from inequality seem difficult to correct, this lack of data presents a simple solution that would be a big step in the right direction: basic information.
Following the example of Finland Alvesalo , additional resources should be invested into studying and prosecuting white-collar crime—especially the types where corporations are perpetrators rather than victims.
With these data, students of criminology could study aspects of nonstreet crime. The consciousness of many citizens would be raised about this set of harms they are not likely to see on television, and they could ask their representatives for better laws or the equal application of tough- on-crime principles.
Legislators and policymakers could turn their attention to some of the more serious harms in society and start to seek solutions based on more comprehensive information. Conviction and Imprisonment Judicial processing represents a significant exit point on the trans- mission belt for the rich.
This chapter has pointed out how many of the analogous social harms are not criminalized, and even when harmful conduct potentially falls under the scope of existing criminal law, it is not prosecuted.
Because of the division of labor in corpora- tions and their vast resources, prosecutors frequently decide not to follow through with cases and instead dismiss them. One excellent illustration of these dynamics is the Dalkon shield case, stemming from the manufacture of a birth control device by the A.
Robins Company. The company started selling the intrauterine device IUD in as a safe, modern, and effective device. Although the company had performed few tests on the device, mar- keting and promotion went ahead quickly, and by some 4. Women suffered from a variety of crippling and life-threatening infections, including some that required emergency hysterectomies; others had unwanted pregnancies that resulted in miscarriages or spontaneous abortions, or because of infections , they gave birth to children with severe birth defects.
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