State crime
Encyclopedia
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 (2000b) defines a "state" as the elected and appointed officials, the bureaucracy, and the institutions, bodies and organisations comprising the apparatus of the government
. Initially, the state was the agency of deterrence
, using the threat of punishment
as a utilitarian tool to shape the behaviour of its citizens. Then, it became the mediator, interpreting society's wishes for conflict resolution. Theorists then identified the state as the "victim" in victimless crime
s. Now, theorists are examining the role of the state as one of the possible perpetrators of crime (Ross, 2000b) whether directly or in the context of state-corporate crime
(see www.statecrime.org).
Green & Ward (2004) adopt Max Weber
's Thesis of a sovereign
“state” as possessing a monopoly on the right to use force
. Thus, the criteria for determining whether a state is "deviant" will draw on international norms and standards of behaviour for achieving the state’s usual operating goals. One of those standards will be whether the state respects human rights
in the exercise of its powers. But, one of the definitional difficulties is that the states themselves define what is criminal within their own territories, and as sovereign powers, they are not accountable to the international community unless they submit to international jurisdiction
generally, or criminal jurisdiction
in particular.
s, a state may engage in state terror and terrorism
, torture
, war crimes, and genocide
. Both internationally and nationally, there may be corruption
, state-corporate crime
, and organized crime
. Within its territorial borders, some crimes are either the result of situations where the state is not the direct criminal actor, e.g. arising from natural disasters or through the agency of bodies such as the police
. More usually, the state is directly involved in excessive secrecy and cover-ups, disinformation, and unaccountability (including tax evasion by officials) which often reflect upper-class and nonpluralistic interests, and infringe human rights (Ross, 2000a). One of the key issues is the extent to which, if at all, state crime can be controlled. Often state crimes are revealed by an investigative news agency resulting in scandals but, even among first world democratic states, it is difficult to maintain genuinely independent control over the criminal enforcement mechanisms and few senior officers of the state are held personally accountable. When the citizens of second and third world countries which may be of a more authoritarian nature, seek to hold their leaders accountable, the problems become more acute. Public opinion, media attention, and public protests, whether violent or nonviolent, may all be criminalised as political crime
s and suppressed, while critical international comments are of little real value.
Barak (1991) examines recent history through Reaganism and Thatcherism
which led to a decline in the provision of social services and an increase in public security functions. In turn, this created the opportunity for injustices and state crimes involving the suppression of democratic functions within the state. As Johns and Johnson (1994) note, "The concern of the U.S. policy elites is not, therefore, with the establishment or protection of democracy; it is with the establishment of capitalism world-wide and with the unimpeded control of resources and markets" (p7) "Panama is an especially good example of how the rollback strategy involves subverting or overthrowing not only governments that are socialist or left-wing but the governments of countries that seek full independence from the economic, political, or military influence of the United States" (pp9/10) But, in terms of accountability, they argue that the coverage of the invasion demonstrated "just how subservient the corporate media had become to the political elite in the United States" (p63) Hence, even in democratic countries, it can be difficult to hold political leaders accountable, whether politically or legally, because access to reliable factual information can be limited.
Within the context of state-corporate crime, Green and Ward (2004) examine how the debt repayment schemes in developing countries place such a financial burden on states that they often collude with corporations offering prospects of capital growth. Such collusion frequently entails the softening of environmental and other regulations. The debt service obligation can also exacerbate political instability in countries where the legitimacy of state power is questioned. Such political volatility leads states to adopt clientelistic or patrimonialist patterns of governance, fostering organized crime, corruption, and authoritarianism. In some third world countries, this political atmosphere has encouraged repression and the use of torture. Exceptionally, genocide has occurred.
Criminology
Criminology is the scientific study of the nature, extent, causes, and control of criminal behavior in both the individual and in society...
, state crime is activity or failures to act that break 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...
's 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...
or public international law. For these purposes, Ross (2000b) defines a "state" as the elected and appointed officials, the bureaucracy, and the institutions, bodies and organisations comprising the apparatus of the 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...
. Initially, the state was the agency of deterrence
Deterrence (legal)
Deterrence is the use of punishment as a threat to deter people from committing a crime. Deterrence is often contrasted with retributivism, which holds that punishment is a necessary consequence of a crime and should be calculated based on the gravity of the wrong done.- Categories :Deterrence can...
, using the threat of punishment
Punishment
Punishment is the authoritative imposition of something negative or unpleasant on a person or animal in response to behavior deemed wrong by an individual or group....
as a utilitarian tool to shape the behaviour of its citizens. Then, it became the mediator, interpreting society's wishes for conflict resolution. Theorists then identified the state as the "victim" in victimless crime
Public order crime
In criminology, public-order crime is defined by Siegel as "...crime which involves acts that interfere with the operations of society and the ability of people to function efficiently", i.e. it is behaviour that has been labelled criminal because it is contrary to shared norms, social values, and...
s. Now, theorists are examining the role of the state as one of the possible perpetrators of crime (Ross, 2000b) whether directly or in the context of state-corporate crime
State-corporate crime
In criminology, the concept of state-corporate crime refers to crimes that result from Public-private partnership and inherent distorted relations of the state and the policies and practices of commercial corporations surfacing as budget-bonus crime. The term was coined by Kramer and Michalowski ,...
(see www.statecrime.org).
Green & Ward (2004) adopt Max Weber
Max Weber
Karl Emil Maximilian "Max" Weber was a German sociologist and political economist who profoundly influenced social theory, social research, and the discipline of sociology itself...
's Thesis of a sovereign
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
“state” as possessing a monopoly on the right to use force
Monopoly on violence
The monopoly on violence is the conception of the state expounded by Max Weber in Politics as a Vocation. According to Weber, the state is that entity which claims a monopoly on the legitimate use of violence, which it may therefore elect to delegate as it sees fit...
. Thus, the criteria for determining whether a state is "deviant" will draw on international norms and standards of behaviour for achieving the state’s usual operating goals. One of those standards will be whether the state respects 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...
in the exercise of its powers. But, one of the definitional difficulties is that the states themselves define what is criminal within their own territories, and as sovereign powers, they are not accountable to the international community unless they submit to international jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
generally, or criminal jurisdiction
Criminal jurisdiction
Criminal jurisdiction is a term used in constitutional law and public law to describe the power of courts to hear a case brought by a state accusing a defendant of the commission of a crime...
in particular.
Discussion
As international crimeInternational crime
International crime may refer to:*Crime against international law*Crime against humanity*Crime against peace*War crime*International criminal lawor it may refer to transnational crimes...
s, a state may engage in state terror 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...
, torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
, war crimes, and genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
. Both internationally and nationally, there may be corruption
Political corruption
Political corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...
, state-corporate crime
State-corporate crime
In criminology, the concept of state-corporate crime refers to crimes that result from Public-private partnership and inherent distorted relations of the state and the policies and practices of commercial corporations surfacing as budget-bonus crime. The term was coined by Kramer and Michalowski ,...
, and organized crime
Organized crime
Organized crime or criminal organizations are transnational, national, or local groupings of highly centralized enterprises run by criminals for the purpose of engaging in illegal activity, most commonly for monetary profit. Some criminal organizations, such as terrorist organizations, are...
. Within its territorial borders, some crimes are either the result of situations where the state is not the direct criminal actor, e.g. arising from natural disasters or through the agency of bodies such as the police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
. More usually, the state is directly involved in excessive secrecy and cover-ups, disinformation, and unaccountability (including tax evasion by officials) which often reflect upper-class and nonpluralistic interests, and infringe human rights (Ross, 2000a). One of the key issues is the extent to which, if at all, state crime can be controlled. Often state crimes are revealed by an investigative news agency resulting in scandals but, even among first world democratic states, it is difficult to maintain genuinely independent control over the criminal enforcement mechanisms and few senior officers of the state are held personally accountable. When the citizens of second and third world countries which may be of a more authoritarian nature, seek to hold their leaders accountable, the problems become more acute. Public opinion, media attention, and public protests, whether violent or nonviolent, may all be criminalised as political crime
Political crime
In criminology, a political crime is an offence involving overt acts or omissions , which prejudice the interests of the state, its government or the political system...
s and suppressed, while critical international comments are of little real value.
Barak (1991) examines recent history through Reaganism and Thatcherism
Thatcherism
Thatcherism describes the conviction politics, economic and social policy, and political style of the British Conservative politician Margaret Thatcher, who was leader of her party from 1975 to 1990...
which led to a decline in the provision of social services and an increase in public security functions. In turn, this created the opportunity for injustices and state crimes involving the suppression of democratic functions within the state. As Johns and Johnson (1994) note, "The concern of the U.S. policy elites is not, therefore, with the establishment or protection of democracy; it is with the establishment of capitalism world-wide and with the unimpeded control of resources and markets" (p7) "Panama is an especially good example of how the rollback strategy involves subverting or overthrowing not only governments that are socialist or left-wing but the governments of countries that seek full independence from the economic, political, or military influence of the United States" (pp9/10) But, in terms of accountability, they argue that the coverage of the invasion demonstrated "just how subservient the corporate media had become to the political elite in the United States" (p63) Hence, even in democratic countries, it can be difficult to hold political leaders accountable, whether politically or legally, because access to reliable factual information can be limited.
Within the context of state-corporate crime, Green and Ward (2004) examine how the debt repayment schemes in developing countries place such a financial burden on states that they often collude with corporations offering prospects of capital growth. Such collusion frequently entails the softening of environmental and other regulations. The debt service obligation can also exacerbate political instability in countries where the legitimacy of state power is questioned. Such political volatility leads states to adopt clientelistic or patrimonialist patterns of governance, fostering organized crime, corruption, and authoritarianism. In some third world countries, this political atmosphere has encouraged repression and the use of torture. Exceptionally, genocide has occurred.