If socialisation was to fail and it often does, the threat of what will happen if you commit a crime will prevent the proletariat from rising up against their oppressors. Marxists say that law is not enforced equally in capitalist societies, as the laws are made by the state, which represent the ruling class.
Snyder observes that many capitalist societies are often unwilling to pass laws that will result in large industries and corporations. She argues that working class crimes such as burglary don’t cause as much harm in society as corporate crimes such as breaking health and safety laws.
Marxists suggest that ruling class ideology successfully presents the burglars as the ‘real criminals’ and threat to society through the media. Meanwhile corporate lawbreakers get very little media condemnation and are treated more leniently by the legal system. And if company bosses are charged they have the money to buy the best legal advice.
Chambliss studied crime in the American city of Seattle and found those in power were able to use their power to conduct criminal activity and to avoid prison. He found an organised crime syndicate which included elite businessmen and politicians who used money and influence to bribe officials. He applied the Marxist idea that the ruling class have the power to ensure that only ‘safe decisions’ are made the passing of laws.
According to Marxism, laws aren’t the will of the people. They’re a reflection of ruling class interests. Other than the most serious crimes of murder, rape and violence, the vast majority of law in the UK is property law. Chambliss wrote that most of this law serves to keep working class people away from the property and land of the rich. The ruling class uses law to protect private property because capitalist exploitation is built upon it. The vast majority of the population have no power or say in the creation of laws and punishments. The lack of legislation in some areas of life is also a demonstration of the laws as an instrument of the ruling class.
Snider argues legislation regulates large companies is restricted in capitalist societies because it could threaten ruling class interests. For example legislation regarding health and safety, pollution and fair trade are passed to a minimum level and often weakly enforced. Tobacco companies have put huge pressure on governments not to make them legally responsible for the deaths of smokers.
Box argues from a Marxist view point that capitalist society controls and exploits workers for the benefit of the ruling class. When people are released from the direct social control they are motivated to commit crime as they see the unfairness of the capitalist system. Box suggests five elements that can weaken the bonds of the capitalist society and drive people to commit crime. The first one being secrecy, if people think they can get away with committing the crime they are more likely to commit it. The second is skills, if you haven’t got the skills to commit a crime you couldn’t do it. You simply couldn’t just go steal a care if you hadn’t got the skills to. The third is supply; the person wanting to commit a crime will need to be able to get equipment to carry out serious crimes. The forth is symbolic support, all offenders must have some justification for their activities. And the fifth being social support, you may need others who share similar values to support and confirm the values that justify crime.
However Marxist ignore the victims. They don’t take into account the harm done by offenders. Some may say that not all laws are for the bourgeoisie, there are laws such as drink driving. Feminist claim that it focuses too much on class inequality and ignores patriarchy and the way it can affect the making of law.
Overall Marxist approaches do add to our understanding of crime and deviance as they explain how crime lies within the nature of the capitalist system.