Human Rights And State Crime Flashcards
(13 cards)
State crimes
Another example of crimes of the powerful and one of the most serious forms giving that the states enormous power gives it potential to inflict harm in a huge scale and the state define what crime is so it can conceal crimes
McLaughlin categories of state crime
Political crimes e.g. corruption and censorship
Crimes by security and police forces such as genocide
Economic crimes such as violations of health and safety laws
Social and cultural crimes e.g. institutional racism
Example of state crime by security and police forces
Hitlers regime murdered 6 million Jews between 1993 and 1945 to create an Arian race
Example of economic state crime
The challenger space shuttle is an example of state initiated corporate crime. This occurs when states initiate, direct, or approve corporate crimes. In the case of Challenger, risky, negligent and and cost cutting decisions by NASA led to the explosion that killed 7 astronauts
Examples of war state
There was a torture of prisoners in Abu Ghraib prison during the Iraq war. A US military inquiry found numerous instances of torture. 9 soldiers. Indiscriminate and often deliberate bombing of civilians has continued in recent conflicts in Iraq and Syria
Problems studying state crime
Tombs and Whyte point out that researchers are likely to face strong official resistance and states can use their power to prevent sociologists from doing research by denying access to state officials and documents. Matt Dehart convicted sex offender- claims FBI made it up because he had documents alleging misconduct of CIA. The state has power to make up crimes and cover crimes up
Domestic law
Chambliss defines state crime as acts defined by law as criminal and committed by state officials in pursuit of their jobs as representatives of the state.
However using the states own domestic law to define state crime is inadequate as it ignores the fact that states have the power to make laws and so they can avoid criminalising their own actions and can also make laws allowing them to carry out harmful actions
Social harms and zemiology
This definition recognised that much harm done by states is not against the law. Michalowski therefore defines state crime as including not just illegal acts but also legally permissible acts whose consequences are similar to those of illegal acts.
Hillyard et al argued we should replace study of crime with study of zemiology- study of harms whether they are against the law or not
A harms definition is vague and makes the field too wide to study
International law
Law created the treaties and agreements between states. State crime is any actions by or on behalf of a state that violates international law
International law is a social construct involving the use of power and focuses on war crimes and crimes against humanity rather than other state crimes such as corruption
Human rights
State crime should be defined as the violation of people’s basic human rights by the state or it’s agents.
There is disagreement about what counts as a human right and some crimes such as economic exploitation are not self evidently criminal even tho we find them morally unacceptable
Crimes of obedience
State crimes are crimes of conformity as they require obedience to a higher authority.
Research suggests that many people are willing to obey authority even when this involves harming others- authoritarian personality. States create enclaves of barbarism where torture is practised such as military bases. This allowed torture to be carried out as a 9 to 5
Modernity
The holocaust was a modern, industrialised mass production factory system where the produce was mass murder. Batman argues key features of modern society made it possible e.g. the division of Labour so no one felt personally responsible.
Culture of denial
States justify their actions by claiming a massacre didn’t happen, if it did then it was something else, even if it is what you say it is it was justified.
Citizen journalism spreads awareness in social media
