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.

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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.

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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.

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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‘.

Evaluating the Marxist Perspective on Crime (part 1)

All of the material below takes you to evidence that broadly supports two ideas held by Marxists about Crime – you could also use the examples from the ‘data response exercise – no.2 above.

 Are the crimes of the capitalist class more costly than street crime?

To what extent is Capitalism Crimogenic?

The theory of crimogenic capitalism suggests that Capitalism encourages selfishness, materialism and non-caring attitudes, it breeds a dog-eat-dog society. The link below takes you to an example of some of the worst cases of Corporate harms. To what extent do you think Capitalism breeds crime in society?

Is law enforcement selective?

There are quite a few case studies of members of the elite classes seemingly getting away with crime. NB All of the material below is also backs up the Marxist idea that all classes commit crime (part of point 2).

Subcultural Theories of Crime – A Summary

Introduction/ The basics

  • Subcultural Theory explains deviance in terms of a deviant group, split apart from the rest of the society which encourages deviance

  • Historical Period: The 1940s- 60S, Underclass Theory – 1980s

Albert Cohen: Status Frustration

  • working class boys try to gain status within school and fail, thus suffer status frustration

  • Some such boys find each-other and form a subculture

  • status is gained within the subculture by breaking mainstream rules.

Cloward and Ohlin: Illegitimate Opportunity Structure (IOS)

  • A combination of strain theory and subcultural theory

  • The type of subculture an individual joins depends on existing subcultures (which form an IOS)

  • There are three types of subculture: Criminal (working class areas/ organised petit crime), Conflict (less table populations), and Retreatist (e.g. drug subcultures) which C and O saw as being formed by people who lacked the skills to join the former two).

Walter Miller: Focal Concerns

  • Saw the lower working class as a subculture with its own set of unique values

  • Working class culture emphasised six focal concerns (or core values) which encouraged criminal behaviour amongst working class youth.

  • Three examples of these focal concerns where toughness (physical prowess), excitement (risk-taking) and smartness (being street-smart)

Charles Murray: Underclass Theory

By the 1980s an Underclass had emerged in Britain.

  • Key features = long term unemployment, high rates of teen pregnancies and single parent households

  • Means children are not socialised into mainstream norms and values and have become NEETS

  • The underclass is 20 times more criminal than the rest of society.

Overall Evaluations of Subcultural Theories of Crime

Positive Negative
  • Unlike Bonds of Attachment Theory recognises that much crime is done in groups, not lone individuals
  • Unlike Functionalism does not see crime as functional.
X – Contemporary research shows gang (subculture) membership is more fluid than the above research stuggests

X – Recent research shows that the underclass doesn’t really exist and working class culture is more complex

X – There is a much wider variety of subcultures today

X – Ignores the role of agents of social control labelling in subculture formation

X – Underclass Theory is ideological – based on moral panics

X – Marxism: ignores the crimes of the elite.

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