Political crime
Encyclopedia
In criminology
, a political crime is an offence
involving overt acts or omissions (where there is a duty to act), which prejudice the interests of the state
, its government
or the political system. It is to be distinguished from state crime
when it is the states that break both their own criminal law
s or public international law.
States will define as political crimes any behaviour perceived as a threat, real or imagined, to the state's survival including both violent and non-violent oppositional crimes. A consequence of such criminalisation may be that a range of human rights
, civil rights
, and freedoms are curtailed, and conduct which would not normally be considered criminal per se (in other words, that is not antisocial according to those who engage in it) is criminalised at the convenience of the group holding power.
Thus, while the majority of those who support the current regime may consider criminalisation of politically-motivated behaviour an acceptable response when the offender is driven by more extreme political, ideological, religious
or other beliefs, there may be a question of the morality
of a law which simply criminalises ordinary political
dissent.
, sedition
, and terrorism
are political because they represent a direct challenge to the government in power. But offenders do not have to aim to overthrow the government or to depose its leaders to be acting in a way perceived as "political". A state may perceive it threatening if individuals advocate change to the established order, or argue the need for reform of long-established policies, or engage in acts signifying some degree of disloyalty, e.g. by burning the nation's flag in public. But the scope of such crimes can be rather less direct.
Functionalist criminologists recognise that states invest their resources in maintaining order through social conformity, i.e. a particular culture
is encouraged and maintained through the primary social discourses which may include religious, economic, social, or other less formal concerns. Any interference with the media of communication or the sets of meanings embedded in the communications themselves may be perceived as a threat to the political authority of the state. Hence, whether in hard copy or electronically, if individuals distribute material containing uncensored information which undermines the credibility of state-controlled news media, this may be considered threatening.
Moreover, even an offence against non-governmental institutions, persons, or practices may be deemed political. Violence or even discrimination against an ethnic or racial group, as well trade union
strikes
or picketing against private employers, can be perceived as a political crime when those in power see such conduct as undermining the political (and economic) stability of the state. In this context, note that the Law Enforcement Code of Conduct passed by the International Association of Chiefs of Police says in part: "The fundamental duties of a police officer include serving the community, safeguarding lives and property, protecting the innocent, keeping the peace and ensuring the rights of all to liberty, equality and justice" (cited in Robinson, 2002). This code requires that police behave in a courteous and fair manner, that they treat all citizens in a respectable and decent manner, and that they never use unnecessary force. When they do, it is argued that this constitutes a crime (e.g. as an assault
) and, if it is institutionalised, then over time, the use of unnecessary force become a state crime.
Marxist criminologists
argue that most political crime arises from the efforts of the state to reproduce the structures of inequality: racism
, sexism
, ethnic preference as well as class
advantages. Thus, states will protect property rights and reduce the rights of trade unions to represent the interests of the poor. Even war is likely to be grounded in the problems of local capitalists in wealthy countries in the effort to move raw materials, profits and jobs in a globalised political economy, and opposing such a war will be a political crime. (Barak) Marxists do not dispute that, for a society
to function efficiently, social order is necessary. But they consider that, in all societies, one class, usually characterised as the "ruling class", gains far more than other classes. Marxists agree with functionalists that socialisation plays a crucial role in promoting conformity and order. However, unlike the latter, they are highly critical of the ideas, values and norms of "capitalist ideology". Modern Marxists point to education and the media as socialising agencies, which delude or "mystify" the working class into conforming to a social order, which works against its real interests. Thus, all controls which directly or indirectly explit the criminal law to control access to the discourses are political crimes.
process and make no distinction between the terrorists and "ordinary" offenders, e.g. the convicted murderers of Action Directe consider themselves political prisoners.
Criminology
Criminology is the scientific study of the nature, extent, causes, and control of criminal behavior in both the individual and in society...
, a political crime is an offence
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
involving overt acts or omissions (where there is a duty to act), which prejudice the interests of the state
State (polity)
A state is an organized political community, living under a government. States may be sovereign and may enjoy a monopoly on the legal initiation of force and are not dependent on, or subject to any other power or state. Many states are federated states which participate in a federal union...
, its government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
or the political system. It is to be distinguished from state crime
State crime
In criminology, state crime is activity or failures to act that break the state's own criminal law or public international law. For these purposes, Ross defines a "state" as the elected and appointed officials, the bureaucracy, and the institutions, bodies and organisations comprising the...
when it is the states that break both their own criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
s or public international law.
States will define as political crimes any behaviour perceived as a threat, real or imagined, to the state's survival including both violent and non-violent oppositional crimes. A consequence of such criminalisation may be that a range of human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
, civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
, and freedoms are curtailed, and conduct which would not normally be considered criminal per se (in other words, that is not antisocial according to those who engage in it) is criminalised at the convenience of the group holding power.
Thus, while the majority of those who support the current regime may consider criminalisation of politically-motivated behaviour an acceptable response when the offender is driven by more extreme political, ideological, religious
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
or other beliefs, there may be a question of the morality
Morality
Morality is the differentiation among intentions, decisions, and actions between those that are good and bad . A moral code is a system of morality and a moral is any one practice or teaching within a moral code...
of a law which simply criminalises ordinary political
Politics
Politics is a process by which groups of people make collective decisions. The term is generally applied to the art or science of running governmental or state affairs, including behavior within civil governments, but also applies to institutions, fields, and special interest groups such as the...
dissent.
Overview
At one extreme, crimes such as treasonTreason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
, sedition
Sedition
In law, sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order. Sedition often includes subversion of a constitution and incitement of discontent to lawful authority. Sedition may include any...
, and terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
are political because they represent a direct challenge to the government in power. But offenders do not have to aim to overthrow the government or to depose its leaders to be acting in a way perceived as "political". A state may perceive it threatening if individuals advocate change to the established order, or argue the need for reform of long-established policies, or engage in acts signifying some degree of disloyalty, e.g. by burning the nation's flag in public. But the scope of such crimes can be rather less direct.
Functionalist criminologists recognise that states invest their resources in maintaining order through social conformity, i.e. a particular culture
Culture
Culture is a term that has many different inter-related meanings. For example, in 1952, Alfred Kroeber and Clyde Kluckhohn compiled a list of 164 definitions of "culture" in Culture: A Critical Review of Concepts and Definitions...
is encouraged and maintained through the primary social discourses which may include religious, economic, social, or other less formal concerns. Any interference with the media of communication or the sets of meanings embedded in the communications themselves may be perceived as a threat to the political authority of the state. Hence, whether in hard copy or electronically, if individuals distribute material containing uncensored information which undermines the credibility of state-controlled news media, this may be considered threatening.
Moreover, even an offence against non-governmental institutions, persons, or practices may be deemed political. Violence or even discrimination against an ethnic or racial group, as well trade union
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
strikes
Strike action
Strike action, also called labour strike, on strike, greve , or simply strike, is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Strikes became important during the industrial revolution, when mass labour became...
or picketing against private employers, can be perceived as a political crime when those in power see such conduct as undermining the political (and economic) stability of the state. In this context, note that the Law Enforcement Code of Conduct passed by the International Association of Chiefs of Police says in part: "The fundamental duties of a police officer include serving the community, safeguarding lives and property, protecting the innocent, keeping the peace and ensuring the rights of all to liberty, equality and justice" (cited in Robinson, 2002). This code requires that police behave in a courteous and fair manner, that they treat all citizens in a respectable and decent manner, and that they never use unnecessary force. When they do, it is argued that this constitutes a crime (e.g. as an assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
) and, if it is institutionalised, then over time, the use of unnecessary force become a state crime.
Marxist criminologists
Marxist criminology
Marxist criminology is one of the schools of criminology. It parallels the work of the functionalist school which focuses on what produces stability and continuity in society but, unlike the functionalists, it adopts a predefined political philosophy...
argue that most political crime arises from the efforts of the state to reproduce the structures of inequality: racism
Racism
Racism is the belief that inherent different traits in human racial groups justify discrimination. In the modern English language, the term "racism" is used predominantly as a pejorative epithet. It is applied especially to the practice or advocacy of racial discrimination of a pernicious nature...
, sexism
Sexism
Sexism, also known as gender discrimination or sex discrimination, is the application of the belief or attitude that there are characteristics implicit to one's gender that indirectly affect one's abilities in unrelated areas...
, ethnic preference as well as class
Social class
Social classes are economic or cultural arrangements of groups in society. Class is an essential object of analysis for sociologists, political scientists, economists, anthropologists and social historians. In the social sciences, social class is often discussed in terms of 'social stratification'...
advantages. Thus, states will protect property rights and reduce the rights of trade unions to represent the interests of the poor. Even war is likely to be grounded in the problems of local capitalists in wealthy countries in the effort to move raw materials, profits and jobs in a globalised political economy, and opposing such a war will be a political crime. (Barak) Marxists do not dispute that, for a society
Society
A society, or a human society, is a group of people related to each other through persistent relations, or a large social grouping sharing the same geographical or virtual territory, subject to the same political authority and dominant cultural expectations...
to function efficiently, social order is necessary. But they consider that, in all societies, one class, usually characterised as the "ruling class", gains far more than other classes. Marxists agree with functionalists that socialisation plays a crucial role in promoting conformity and order. However, unlike the latter, they are highly critical of the ideas, values and norms of "capitalist ideology". Modern Marxists point to education and the media as socialising agencies, which delude or "mystify" the working class into conforming to a social order, which works against its real interests. Thus, all controls which directly or indirectly explit the criminal law to control access to the discourses are political crimes.
Authoritarian governments
Miller says that one of the defining characteristics of power in modern history has been the rationalisation and bureaucratisation of law. Legal codification, or at least debates over the merits of legal codification, became an almost global phenomenon in the nineteenth century as state power was centralised. In particular, the rationalisation of criminal law standardised not just the concept of crime, but was adopted as the means to eliminate the "deviant" as a threat to a modern, uniform, moral standard. In this, the religious establishment began to play a new role in defining "evil" in which threats to the political or social norm became as dangerous as threats to religious orthodoxy. Thus, political speech became one of the most likely activities to be criminalised. The freedom of association and to meet may also be criminalised if the purpose is to express oppositional political views.Terrorism
People convicted or suspected of certain crimes classified as terrorism by the government of their country (or some foreign countries) reject that classification. They consider that their fight is a legitimate one using legitimate means, and thus their crimes should be more appropriately called political crimes and justify special treatment in the penal system (as if they were soldiers in a war and therefore covered by the Geneva Convention. States tend to consider the political nature of the crimes an aggravating factor in the sentencingSentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
process and make no distinction between the terrorists and "ordinary" offenders, e.g. the convicted murderers of Action Directe consider themselves political prisoners.