Tag: criminology

The dumping of plastic waste – a green crime?

Only an estimated 9% of the world’s plastic waste is recycled. A further 12% is burnt and the rest, 79% is buried in land fill or just dumped.

China used to be the main dumping ground for the world’s rubbish, but it banned the import of plastic waste in 2017, which then lead to a surge in the amount of used plastic sent to other countries in South East Asia such as Malaysia.

In Malaysia, much of the world’s used plastic is either burnt, releasing toxic chemicals into the air or dumped in rivers, polluting local water supplies and ultimately the oceans.

The BBC recently made a documentary about the harmful effects of the vast plastic-waste mountains in Malaysia, caused by wealthier countries such as the UK not dealing with their plastic waste at home, but rather outsourcing its disposal to a poorer country, because it’s cheaper to do so.

green crime plastic waste
A pile of plastic waste somewhere in Malaysia

From a traditional criminology perspective there is nothing necessarily ‘criminal’ about a company in one country engaging in ‘law evasion’ by exporting plastic waste to a second company in another country with slacker environmental protection laws and then that second company burning or just dumping the waste –   it is up to each individual country to establish its own environmental laws, after all.

However, this case study may well be an example of a ‘green crime‘ from a green-criminological perspective – in the above example company A is knowingly doing something that will result in pollution and thus do environmental harm – even if it is thousands of miles away.

NB Malaysia recently announced that it will no longer accept imports of foreign rubbish, and has threatened to return 3000 tonnes of non-recyclable plastic waste back to the U.K. other countries.

Sources 

The Week, 8 June 2019

 

Green Criminology and Green Crime – Revision Notes

Introduction – Getting your head around green crime!

Green Crime – A simple definition of Green Crime is ‘crimes committed against the environment’.

Types of Green Crime – Nigel South (2008) classifies green crimes into two distinct types, primary and secondary.

Primary green crimes are those crimes which constitute harm inflicted on the environment (and, by extension, those that inflict harm on people because of damage to the environment – our classic ‘environmental victims’ who suffer health or other problems when the land, water or air they interact with is polluted, damaged or destroyed).

There are four main categories of primary green crimes – Crimes of air pollution, Crimes of deforestation, Crimes of species decline and animal rights, Crimes of water pollution.

Secondary, or “symbiotic green crime is crime that grows out of the flouting of rules that seek to regulate environmental disasters” (Carrabine et al. 2004: 318). South provides two examples of secondary crime: State violence against oppositional groups’, ‘hazardous waste and organised crime’

Criminology – Disagreements over the concept of Green Crime

Criminologists disagree over the appropriate subject matter of ‘green criminology’.

Traditional criminology argues that ‘green crime’ should be defined in a narrow sense – thus ‘green crime’ is defined as any activity which breaches a law which protects the environment.

Green criminology, on the other hand, argues that criminologists should study environmental harms whether or not there is legislation in place and whether or not criminal or other laws are actually broken. Green Criminology takes an ecocentric (environment centred) approach to crime, and criticises traditional criminology for being too anthropocentric (human- centred).

White’s (2008) three important principles of green criminology – based on environmental rights and environmental justice; it’s ecocentric – rather than based on human domination over nature; It should include Animal rights and species justice

Green Criminology is thus a type of ‘transgressive criminology’ – it breaks the boundaries of traditional criminology and focuses on the concept of ‘harm’ rather than the concept of ‘crime’.

Advantages of a green criminological perspective – Green Criminology thus follows in the footsteps of radical or critical criminology – Marxism and Interactionism. It is more interested in the question of why some harmful acts (pollution) are not labelled as criminal, while other less- harmful acts are.

Problems with Green Criminology is that its subject matter is not clearly defined – where do we draw the line about what constitutes harming the environment? Where does it all end, and who decides?

Key Term – ‘Zemiology’ – the study of social harms. Green Criminology is Zemiological.

The Late Modern Perspective on Green Crime – Ulrich Beck (1992) – The Risk Society

Beck explains green crime/environmental damage as part ‘the risk society’, whereby modern industrial societies create many new risks – largely manufactured through modern technologies – that were unknown in earlier days.

New technologies are generating risks that are of a quite different order from those found throughout earlier human history.

The most obvious type of ‘new risky technology’ is that of nuclear power, which generates small, but hugely toxic (radioactive) forms of waste which stay radioactive for thousands of years.

Ulrich Beck’s (1986) argument is that environmental problems are truly global – he argues that ‘Smog is democratic’, which suggests that traditional social divisions — class, ethnicity and gender — may be relatively unimportant when considering the impact of many environmental problems.

The future demands innovative political responses to the new environmental challenges we face. Beck doesn’t offer any solutions to how we might tackle green crime, he just points out that the emergence of the problem is new, and that it’s going to be difficult to tackle it in an uncertain, postmodern age.

A broadly Green Criminological/ Marxist Perspective on Green Crime

According to Marxists, the single biggest cause of Environmental Crimes according to Marxists (and most of the Green Movement) is Industrial Capitalism

Given that the primary aim of most governments is achieving economic growth, and the means whereby we achieve this is through producing and consuming stuff, Marxists would not expect any significant global agreement safeguarding the environment until Capitalism is either eradicated or severely controlled. As it stands, companies are all too often given the green light by governments to extract and pollute.

Marxists offer an alternative analysis of the consequences of Green Crime to that of Ulrich Beck. Marxists argue that current social divisions are actually reinforced in the face of environmental harms, with poor people bearing the brunt of harms.

An important part of a Marxist analysis of green crime is to explore who the victims of green crime are, and the victims of pollution tend to be the poorest in society. We have already explored things like the Bhopal Tragedy and the many victims in the developing world of Corporate extraction, but another interesting line of analysis here is that of ‘eco-racism’

Sources

I used two text books to put the first half of this together – Chapman and Webb, the last two points I mainly made up myself!

Why is Crime Increasing Again?

The latest crime figures show an increase in the overall number of crimes committed in England and Wales, for the year ending March 2018. The overall numbers of crimes have increased from approximately 5.8 million in 2016-17 to 6 million crimes in 2017-18 (excluding ‘computer misuse’).

While this may seem like a relatively small increase, this follows a 7 year downward trend in the overall crime rate. And if we drill down into different types of crime, we find that some crime categories have seen dramatic rises in recent years: Robbery is up 30%, and knife crime is up 16% for example.

These figures are taken from the Crime Survey of England and Wales, a victim survey which is widely regarded as having greater validity as a measure of crime compared to Police Recorded Crime Statistics.

As you might expect, the mainstream newspapers have been all over this. Typically the press blames the move away from more authoritarian forms of crime control associated with Right Realism and blames soft-touch Left Realist style policies for the increase in crime.

The Daily Mail has recently reported on how rural crime, as well as urban crime is spiraling out of control. The Sunday Telegraph has blamed the government’s ‘too soft’ approach to crime control, which focuses on rehabilitation rather than punishment. The Independent commented that the Tories might be blame for this increase in crime because they have cut funding to the police, resulting in fewer officers.

However, the theory that ‘soft touch’ approaches and fewer police officers may well be insufficient to explain why crime is increasing. For example, police numbers have been going down for years, while crime has also been going down:

The truth is probably more complex: it might just be that there are different causes of crime in different areas, and different causes of different crimes…. so perhaps we should steer clear of over-generalizing!

Zero Tolerance Policing – An Evaluation

A brief evaluation of Zero Tolerance Policing

Zero Tolerance Policing involves the police strictly clamping down on minor criminal activities such as littering, begging, graffiti and other forms of antisocial behaviour. Clamping down might take the form of on the spot fines, or mandatory jail sentences, as with the ‘three-strikes’ rule in California.

The best known example of Zero Tolerance Policy was its adoption in New York City in 1994. At that time, the city was in the grip of a crack-cocaine epidemic and suffered high levels of antisocial and violent crime. Within a few years of Zero Tolerance, however, crime had dropped from between 30 – 50%.

In the UK Zero Tolerance has been applied in Liverpool, a relatively high-crime rate city. Following its introduction in 2005, overall recorded crime fell by 25.7 per cent in the three years to 2008 with violent crime falling by 38%.

Another application of Zero Tolerance is the ASBO – you can get an ASBO for antisocial rather than criminal behaviour, and go to jail if you breach it, thus ASBOs police minor acts of deviance.

The rationale behind the ASBO stems from the right realist (right wing/ new right/ neoliberal view of the causes of crime – they hold the individual responsible for crime, seeing the individual as making a rational choice to commit crime – if people believe the reward of committing crime outweighs the risk of getting caught and the cost of the punishment, they will commit crime – ZT addresses this by increasing the punishments for minor crimes. This also fits in with Broken Windows Theory – by focussing on minor crimes, this prevents these spiralling into major crimes, and it fits in with the New Right’s view that the state should be ‘tough on crime’

The biggest strength of ZT is that it seems to work – as the figures above demonstrate. It is also relatively cheap to implement and seems to have an immediate effect on crime, unlike the more expensive, long term, social solutions preferred by Left Realists. It also makes the public feel as if something is being done about crime, and gives victims a sense of justice.

However, there are many downsides – Firstly, Zero Tolerance Policing in New York resulted in a lot more people being arrested for possession of marijuana – 25 000 a year by 2012 (one every ten minutes) – some of those people lost their jobs or rental houses as a result. If labelling theory is correct, once labelled as a criminal, these people will find it very hard to get jobs in the future.

Secondly, despite the claims of the right wing governments who implemented them, comparative analysis shows that there are other causes of crime reduction – crime has gone down in cities in the US and the UK without the widespread use of Zero Tolerance techniques – Target Hardening, the increased time people spend online (and thus not on the streets), the declining use of drugs, and even abortion have been suggested as the REAL reasons crime is going down.

Thirdly, Zero Tolerance might be racist in consequence – somewhere in the region of 85% of people dealt with under Zero Tolerance in New York were/ are black or Hispanic.

Fourthly ZT focuses on minor crimes, and street crimes, ignoring the more serious crimes committed by elites, which Marxists see as more harmful. It also does little to address the underlying causes of crime.

Finally, and in conclusion, there is the very real possibility that rather than being about reducing crime, ZT policies are ideological in nature – they allow politicians to claim that they are the ones reducing crime by being ‘tough on crime’, but in reality, crime is going down anyway because of other reasons. Thus maybe ZT has been so widely used because it benefits politicians rather than society as a whole.

Related Posts

Environmental Crime Prevention Strategies 

Key Concepts for A Level Sociology – Crime and Deviance

definitions of key concepts for A-level sociology students

A list of definitions of some of the key concepts relevant to the A level sociology crime and deviance module.

Many of the concepts below tie in with sociological perspectives on crime and deviance.

Anomie

Where modern social systems encourage excessive individualism – as a consequence there is a general lack of agreement around norms and values – some commentators describe anomie as a state of normlessness.

Anomie was a key part of Merton’s Strain Theory of Deviance.

Bonds of Attachment

Hirschi argued that when an individual is more attached to society they are less likely to commit crime. He theorised that there were 4 main bonds of attachment – commitment, attachment, involvement and belief. For more details please see this post: Hirschi’s Control Theory of Crime.

Broken Windows Theory

A theory of crime developed in the 1980s and associated with Right Realism. Broken Windows theory states that crime increases in areas where there are high levels of ‘social disorder’, characterised by such things as high levels of litter, graffiti and broken windows. These signs give off the impression that people in the area don’t care, and that there are low levels of informal social control, and criminals are thus drawn to such areas. As a result, social disorder and crime increases further.

Context Dependency Deviance

Whether or not an act is deviant depends on the society in which the act takes place, the historical period, and the actors present. The context dependency of deviance emphasises the fact that the same form of behaviour can be considered deviant in one society, but not deviant in another.

Corporate Crime

Crimes committed by or for corporations or businesses which act to further their interests and have a serious physical or economic impact on employees, consumers and the general public. The drive is usually the desire to increase profits.

Crime

The breach of rules or laws for which some governing authority can ultimately prescribe a punishment – depending on the society this might ultimately mean imprisonment or the death penalty.

Crimogenic Capitalism

The Marxist idea that the exploitative capitalist system generates crime. According to Marxists, the self-interested pursuit of profit lies at the heart of the Capitalist system. The means whereby the Capitalist class get rich is by exploiting workers through paying them as little as possible to increase their profits, and they also encourage materialism, to increase demand for the goods they produce. A final way capitalism generates crime is by creating inequality – resulting in a significant number of people at the bottom of society (the underclass) who are effectively unable to consume at a reasonable level.

Dark figure of crime

The amount of unreported, or undiscovered crime. These are the crimes which do not appear in Official Police Statistics.

Deviance

Behaviour that varies from the accepted standard of normal behaviour in society. It implies that an individual is breaking social norms in a negative way.

Dog Eat Dog Society

A phrase associated with Marxist Sociologist David Gordon who said that capitalist societies are ‘dog eat dog societies’ in which each individual company and each individual is encouraged to look out for their own self-interest before the interests of others, before the interests of the community, and before the protection of the environment.

Ideology

A set of cultural beliefs, values, and attitudes that underlie and justify either the status quo or movements to change it. The culture of every social system has an ideology that serves to explain and justify its own existence as a way of life. In Sociology, Marxists use the term the ‘dominant ideology’ to refer to the world-view of the ruling class, which they present to everyone else as normal – their world view passes of inequality and exploitation as normal and natural, thus justifying their existence.

Ideological Functions

The idea that institutions such as schools and the media teach a set of norms and values which work in the interests of the powerful and prevent social change. For example, Marxists say the education system performs ‘ideological functions’ for the Capitalist system and the Bourgeois: they believe that the norms of punctuality and acceptance of authority and hierarchy prepares us for our future exploitation at work, which benefits future employers more than workers.

Labelling

Labelling is the process of pre-judging/ categorising an individual based on superficial characteristics or stereotypical assumptions. For example when a teacher decides a scruffy looking student is not intelligent.

For more detailed notes on the this topic please see the labelling theory of crime

Moral Entrepreneurs

A moral entrepreneur is an individual, group or formal organization that seeks to influence a group to adopt or maintain a norm. Moral entrepreneurs are those who take the lead in labelling a particular behaviour and spreading or popularizing this label throughout society.

Neutralisation of Opposition

In Marxist theory resistance to capitalism and eventual revolution should come from the working classes once they realise the injustice of the high level of exploitation they face. However, according to Marxist criminologists, the criminal justice system works to get rid of opposition by selectively locking up working class (Rather than middle class) criminals which prevents resistance and revolution. Selective law enforcement does this in three main ways:

  1. By literally incarcerating (‘incapacitating) thousands of people who could potentially be part of a revolutionary movement.
  2. By punishing individuals and making them responsible for their actions, defining these individuals as ‘social failures’ we ignore the failings of the system that lead to the conditions of inequality and poverty that create the conditions which lead to crime.
  3. The imprisonment of many members of the underclass also sweeps out of sight the ‘worst jetsam of Capitalist society’ such that we cannot see it, thus we are less aware of the injustice of inequality in society.

Official Crime Statistics

Official Statistics are numerical information collected by the government and its agencies – the two main types of crime statistics collected by government agencies are Police Recorded Crime, and the Crime Survey of England and Wales. Crime statistics also encompass Prison Statistics, which include information about the numbers and characteristics of prisoners.

Police recorded Crime

All crimes reported to and recorded by the police. Police forces around the country record crime in categories that are outlined in the Home Office counting rules. These include: violence against the person, sexual offences, robber, burglary, theft, handling stolen goods, fraud and forgery, criminal damage, drug offences and ‘other offences’.

Rational Choice Theory 

Believes individuals make rational (logical) decisions about whether or not to commit a crime  the crime rate is affected mainly by three factors –  the available opportunities to commit crime,  the perceived risk of getting caught,  and severity of the punishment the offender believes they will receive if they are caught. According to Rational Choice Theory, the more opportunities to commit crime, the lower the risk of getting caught and the lower the likelihood of punishment, then the higher the crime rate will be.

Relative Deprivation

Lacking sufficient resources to maintain a standard of living or lifestyle which is regarded as normal or average in a given society; or lacking sufficient resources to maintain a living standard which is approved of by society. While it is possible to measure relative deprivation objectively, there is a subjective element to this concept which can make it difficult to measure – an individual can feel relatively deprived even when they are relatively well-off compared to the average, if they have an unrealistic idea about what ‘the average is’. This concept is associated with Left Realism and Jock Young’s Vertigo of Late Modernity especially.

Self-Report Studies

Surveys in which a selected cross section of the population is asked what offences they have committed. A good example of a self-report study is the ‘Youth Lifestyles Survey’ – although the last one was done over a decade ago.

Selective Law Enforcement

Where the police mainly focus on policing working class (and underclass) areas and the justice system mainly focuses on prosecuting working and underclass criminals, while ignoring the crimes of the elite and the middle classes, although both of these classes are just as likely to commit crime as the working classes. A concept associated with Marxist criminologist David Gordon.

Self-Fulfilling Prophecy

Where an individual accepts their label and the the label becomes true in practice.

Social integration

Where people are connected to society through social institutions. The more connections an individual has to social institutions, the more integrated an individual is to society. For example, someone with a job, with a family, and who spends time with others in the community is more integrated than an unemployed single loner.

Social Regulation

reaffirming the boundaries of acceptable behaviour. High levels of social regulation basically mean explicit and clear rules and norms which set out clear social expectations. In Functionalist theory an appropriate amount of social regulation is essential for preventing anomie which leads to high levels of suicide and other forms of deviant and criminal behaviour.

Socially Constructed 

Where something is the product of social processes rather than just being natural. For example, most sociologists agree that crime is socially constructed because people in society decide what crime is law breaking behaviour, and laws are made-up by people and change over time, thus crime varies from society to society. Similarly, we can say that crime statistics are socially constructed because they are the result of a series of social interactions – of people witnessing and reporting crimes and then the police recording them, rather than the stats reflecting the actual real number of crimes in any society.

Society of Saints

A phrase associated with Emile Durkheim which emphasises the inevitability and social necessity of crime. Durkheim argued that even in a ‘society of saints’ populated by perfect individuals deviance would still exist. In such a society there might be no murder or robbery, but there would still be deviance. The general standards of behaviour would be so high that the slightest slip would be regarded as a serious offence. Thus the individual who simply showed bad taste, or was merely impolite, would attract strong disapproval.

Status frustration

A concept developed by Albert Cohen in Delinquent Boys (1956) – he used it to explain working-class male delinquency as being a collective reaction against middle class success – working class boys tried hard in school and failed to gain status, got frustrated, found each other and formed a deviant subculture – status was gained within the subculture by being deviant and going against the rules of the school.

Subculture 

A group which has at least some norms and values which are different to those held in mainstream society, and can thus be regarded as deviant.

The Underclass

A term first coined by American Sociologist Charles Murray (1989) – The underclass’ refers to the long term unemployed who are effectively welfare dependent. They have higher rates of teen pregnancies and single parent households and much higher crime rates. Some statistical analysis suggests that the underclass (approximately 1% of the population) might commit as much as 50% recorded crime in the UK.

Victim Surveys

Ask people whether they have been a victim of crime, typically in the previous 12 months. The most comprehensive victim survey in England and Wales is the ‘Crime Survey of England and Wales’.

White Collar Crime

White-collar crime refers to financially motivated nonviolent crime committed by business and government professionals. Within criminology, it was first defined by sociologist Edwin Sutherland in 1939 as “a crime committed by a person of respectability and high social status in the course of his occupation”.

Zero Tolerance Policing 

Involves the police strictly enforcing every facet of law, including paying particular attention to minor activities such as littering, begging, graffiti and other forms of antisocial behaviour. It actually involves giving the police less freedom to use discretion –the police are obliged to hand out strict penalties for criminal activity.

Synoptic Surveillance and Crime Control

Thomas Mathiesen (1997) argues that control through surveillance has developed beyond Foucault’s panopticon model. The panopticon allows the few to monitor the many, but today the media increasingly allow the many to monitor the few. Mathiesen argues that in late modernity, there is a significant increase in surveillance from below, which he calls the ‘synopticon’ – where everybody watches everybody else.

An example of synoptic surveillance is where the public monitor each other, as with video cameras mounted on dash boards or cycle helmets to collect evidence in the event of accidents. This may warn other road users that their behaviour is being monitored and result in them exercising self-discipline. For an example of synoptic surveillance in action see below, and you might also like to check out this Facebook page devoted to people caught doing illegal things on camera.

 

Thompson (2000) argues that powerful groups such as politicians fear that the media’s surveillance of them may uncover damaging information about them, and this acts as a form of social control over their activities.

chris-huhne-vicky-pryce
Chris Huhne (M.P) and partner Vicky Pryce – Caught out by Surveillance Technology and jailed for 8 months in 2013

Discussion Question: Does fear of surveillance and thus fear of getting caught and publicly shamed prevent politicians from doing deviant and criminal acts?

The synopticon suggests that ordinary citizens might have more power to ‘control the controllers’ – as with the example of activists filming the police at protests. However, this bottom-up scrutiny can still be stopped by more classic law enforcement such as the police confiscating cameras from ‘citizen journalists’.

 

Discussion Questions:

Are people more likely to obey the law because of synoptic surveillance?

Does the increase in synoptic surveillance mean elites in particular are more likely to obey the law?

 

Public Space Protection Orders and Criminal Behaviour Orders

ASBOs are one of the best known crime control methods in the UK – the problem is they don’t exist anymore, they’ve been replaced by Public Space Protection Orders and Criminal Behaviour Orders.

Public Space Protection Orders

Public Space Protection Orders – are a geographically defined version of ASBOs that could severely restrict people’s freedoms in urban space

Examples of how they are being used include:

Criminal Behaviour Orders 

The criminal behaviour order (among other things) replaced ASBOs in 2014 – these still require a person to abstain from antisocial behaviour but also stipulate that the person receiving the order undergo some kind course of corrective treatment (such as an anger management course). The order will also specify who is responsible for making the person undergo the correct treatment, and this effectively means that this strategy of crime control overlaps with the more left-realist focus on intervention and community empowerment.

Example (taken from the above web site)

An example given by the Home Office (in “Putting Victims First”) seeks to illustrate how the Criminal Behaviour Order will enable agencies to deal more effectively with anti-social behaviour:

A young person convicted of criminal damage after having broken the window of an elderly person’s house following an ongoing campaign of harassment. Under the current system, they could be prevented from going near their victim’s house, but under the new system, the same order could also require them to make good the damage to the victim’s window and engage with a mentoring programme to address the reasons why they were harassing the victim.

Evaluating Broken Windows Theory

Broken Windows Theory suggests that high levels of physical disorder such as litter, graffiti, vandalism, or people engaged in Anti-Social Behaviour will result in higher crime rates. Broken Windows Theory is one aspect of the Right Realist approach to criminology

The evidence supporting Broken Windows Theory is somewhat mixed

This 2008 ‘£5 Note Theft and Social Disorder Experiment’ offers broad support for the theory…

In this (slightly bizarre sounding) experiment an envelope containing a £5 note was left poking out a letterbox, in such a way that the £5 note was easily visible. The researchers did this first of all with a tidy garden, and later on (similar time of day) with litter in the garden – on the first occasion 13% of people took the envelope, on the second, the percentage doubled to 25% – suggesting that signs of physical disorder such as littering encourage deviant behaviour.

broken windows theory

The experiment was actually a bit more complex – for the full details see the Keizer et al source below – this was also actually one of six experiments designed to test out Wilson and Kelling’s 1996 ‘broken windows theory’.

A second experiment, however, does not support broken windows theory…

Empirical results of the “Moving to Opportunity” program (reviewed in 2006) – a social experiment in New York, Chicago, Los Angeles, Baltimore and Boston did not support Broken Windows Theory. As part of the program, some 4,600 low-income families living in high-crime public housing communities—characterized by high rates of social disorder—were randomly assigned housing vouchers to move to less disadvantaged and less disorderly communities. Using official arrests and self-report surveys, the crime rates among those who moved and those who did not remained the same.

The problems with evaluating Broken Windows Theory

Wesley Skogan (see source below) identifies several reasons why Broken Windows theory is hard to evaluate – mainly focusing on how hard the theory is to operationalise:

  • Firstly, there are several different ways of defining ‘social disorder’ (litter, vandalism, antisocial behaviour) – so which do you choose?
  • Secondly it is difficult to measure levels of social disorder accurately – how do you actually measure how much disorder what type of littler represents – is one sofa in a garden worth 14 toffee wrappers, or what? And if you’re talking about anti-social behaviour, you can’t necessarily rely on public reports of it because sensitivity levels vary, and it’s just not practical to measure it using observational techniques.

For these reasons, the validity of broken windows theory is always likely to remain contested, and so it’s worth considering the possibility that it’s popularity could be more to do with ideological bias rather than being based any significant body of supporting evidence.

Further Reading

Keizer et al – The Spreading of Disorder – Science Express Report

More details on the Moving to Opportunity study

This chapter by Wesley Skogan identifies a number of reasons why Broken Windows Theory is difficult to evaluate

ASBOs – Arguments For and Against

ASBOs are a form of Zero Tolerance crime control and have been in use in the UK since 1999 – below are a few examples of how they’re used. Read them through and consider the arguments for and against using them in each case…

An ASBO for shop lifting

In 2013 jobless single mother Jade Underwood received a CRASBO banning her from 80 stores because of her serial shoplifting. She also made neighbours’ lives a misery and verbally abused mothers taking children to a nearby school.

CRASBO.jpg

Shopkeepers and neighbours told how the 5ft menace treated shoplifting like a job and blighted their lives. One said she was such a problem that the local branch of Boots in Edgeley, Stockport, stopped putting make-up out on display.

Former neighbour John Duggan, 55, said Underwood had ‘absolutely no shame whatsover’.

‘She used to wear tracksuits and looked just like Vicky Pollard from the TV show [Little Britain],’ he said. ‘She is a little toad, she’s just horrible.

But Underwood posted a defiant message on Facebook, saying: ‘Heyy yah dont bring me down, least am famouse!! Yah all whata leve meh alone.’

An ASBO for Public drunkeness and Abusive Behaviour 

A Rhondda man who was banned from hospitals for two years in a landmark ASBO case in 2012 was placed on a second order, months after the first expired.

In 2012, Geoffrey Russell Thomas, 59, became the first person in Rhondda to be given a banning order from hospitals to curb his unacceptable drunken anti-social behaviour which included continued foul, abusive, threatening and drunken abuse of residents and hospital staff.

thomas

The new ASBO means he will have spent an almost-unbroken four years subject to an order which bans him from attending any hospital anywhere, unless it is in the case of a genuine emergency or pre-arranged appointment.

He is also banned from being drunk in a public place, using abusive or threatening language or behaviour towards any other person.

Paul Mee, head of public health and protection at RCT Council, oversees the Anti Social Behaviour Unit and its work.

He said: “The disproportionate nature of this man’s offending on the wider community, including the men and women who are employed to provide care for others, means we have no choice but to continue dealing with him robustly and effectively.

“Despite a two-year order banning him from doing so, he has continued to drunkenly abuse and threaten many people, including those who were trying to help him.

“He has clearly not learned his lesson and continues to act in an anti-social, drunken, threatening and abusive manner, so we will continue to protect the public and the frontline workers who have to deal with him from this unacceptable behaviour.”

An ASBO for playing loud country music 

From 2010 – A country and western music fan has vowed to keep listening to his favourite songs, despite admitting breaching anti-social behaviour laws.

Partially-deaf Michael O’Rourke, 51, of Peterhead, admitted breaching an anti-social behaviour order (Asbo) after complaints from neighbour. Dolly Parton is among Michael O’Rourke’s favourite artists

O’Rourke commented….

“My neighbours were just being vindictive… If you’re joined onto another house you’ve got to expect a bit of noise.”

He explained: “I play my music every day. Who doesn’t like music? I like country and western, 60s music, Scottish music. I also like some of the up-to-date stuff. Why should I stop listening to my favourite music just because of a few vindictive folk? I’ll never stop playing my vinyl.”

One former neighbour said: “I wasn’t sorry to see him go. He wasn’t the best of neighbours.”

 

An ASBO for Riding your Scooter on the Pavement?

In 2009 a woman criticised police after she was sent a letter about her 12-year-old son riding his push scooter on the pavement.

scooter
The letter told Vicki Richardson that if officers were called because her son, Thomas Read, was riding his scooter again he could be given an asbo.

She wrote to Hucknall Police Station in Nottingham about the letter as her son thought he would get into trouble for going out to play.

A police spokesman said the action was part of their policy to control anti-social behaviour.

For more examples of ‘dubious’ ASBOs check out ‘Statewatch‘.

Cultural Criminology – Crime as ‘Edgework’

Cultural Criminologists argue the exact opposite of Right Realism who focus on the ordinary motivations and repetitiveness of much crime. Instead, they stress the highly emotional nature of crime – instead of what the criminals will gain, these researchers are interested in how committing the crime actually makes people feel. The focus of cultural criminologists is on the thrill of the act – it can offer a brief escape from an otherwise grey emotional existence. They argue there is an intoxicating mix of fear and pleasure that often accompanies risk taking.

According to these theorists, crime is not a rational mundane activity, where costs and benefits are weighed up. Rather it is a reaction against the mundane. It is a time when those involved momentarily experience status, excitement and even some control over their own lives, which are otherwise characterised by feelings of worthlessness and insecurity.

Two Postmodern thinkers associated with this point of view are Katz and Lyng. Katz (1988) argues that people get drawn into crime because it is seductive, because it is thrilling. Postmodernists interpret this simply as part of a postmodern society which calls on us to enjoy our leisure time – crime is one means whereby some people do just that – this is very much the feeling of many people who took part in the London Riots in 2011.

Lyng (1990) developed the concept of ‘edgework’ – by this he meant that crime was a means whereby people could get a thrill by engaging in risk-taking behaviour – going right to the edge of acceptable behaviour, and challenging the rules of what is acceptable. Again, we can see this very much as an outgrowth of a postmodern society which encourages and rewards risk-taking behaviour.

The risks involved in law breaking act as a challenge, and crime is carried out precisely because the rules are in place. Cultural criminologists argue that most young offenders do not set out on their escapades assessing the chances that they will be arrested, and this is why the steady increase in control in culture over our lives (CCTV, ASBOs, anti-terrorist legislation and creation of new offences) does nothing to deter, but actually creates more law breaking as they are faced with more ‘thrilling’ challenges.

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