Understanding Crime: Societal Factors and Criminal Justice
Power’s Influence on Crime
The influence of power on crime is twofold: firstly, it leads to the determination of what is deemed criminal, and secondly, it fosters a series of behaviors that contribute to criminality. The first aspect, defining what constitutes a crime, stems from the socio-political role of protection. This involves the formulation of criminal law, determining what is or is not a crime. This could lead to the exercise of formal control, the administration of justice, and the enforcement of laws and penalties.
The second aspect, behaviors leading to crime, is due to the conduct of a socio-political subject. It is the outcome of the political function of protection and the development of criminal law, ultimately defining conduct consistent with social principles.
Power Structures and Crime
Power influences crime at national, international, and transnational levels. National and international power can manifest through foreign governments, NGOs, or covert operations. Transnational power involves supranational political and economic interests.
Institutional Power as a Generator of Crime
Institutional power generates crime in two primary ways:
- The definition of codes, laws, and national conventions (understood as offenses). This results in conventional and unconventional crime.
- The commission of well-defined crimes by representatives and agents to maintain power. This is characterized by impunity, particularly among those in power.
Power also influences other forms of crime, such as that committed by groups and organizations using illegal or violent means to gain power.
Crime and Development
Development is intertwined with power and can influence crime. While socio-economic development can lead to new types of crime, common crime is often linked to poverty. However, a significant portion of crime is economically motivated, involving individuals, groups, and organizations far removed from poverty. Both those in poverty and those with wealth may engage in criminal activities to accelerate development.
Inequality and Crime
Inequality, defined as a widespread disparity between communities or groups, is a significant factor in crime. Unjust economic, political, social, and cultural models create an environment that undermines individual freedom and dignity. The impact of inequality on crime is often more apparent than real, as it can be used to justify maintaining power structures.
The Human Condition and Crime
The human condition, encompassing both the nature and behavior of individuals, plays a role in crime. It is influenced by power, inequality, development, and the penal system. While mental illness, lack of education, and certain instincts may differentiate individuals, they do not inherently make someone a criminal.
The human condition affects crime through:
- Its complex biopsychological and social nature.
- The exaggerated importance given to personality as a clinical entity.
- The increasing depersonalization of individuals, leading to a dumbing down of society and a potential increase in crime.
The Criminal Justice System’s Role
The criminal justice system significantly contributes to the increase in crime by primarily focusing on common crime committed by lower classes while often neglecting or failing to address crime committed by those in higher social strata.
Conventional Crime
Conventional crime is defined as that which exists in society due to an express or tacit agreement to organize according to power mechanisms. It typically involves crimes against property and persons. One consequence is that it often overshadows more serious socio-political crimes, which are not included in crime statistics. This includes crimes committed by politicians, officials, judges, prosecutors, lawyers, and labor leaders, who frequently advocate for harsher penalties but not for themselves. This type of crime is often well-known, sometimes reported, but rarely convicted.
Unconventional Crime
Unconventional crime presents details that sometimes overlap and at other times appear independent. The main categories are:
- Crimes committed under an official or semi-official position to impose a particular system of government or political regime.
- Crimes committed by organizations, groups, or individuals as part of political resistance movements against enemy occupation.
- Crimes committed for major economic purposes, sometimes combined with political motives.
- Crimes committed under international conventions or national laws based on them.
- Crimes committed by intelligence services, security agencies, and the like, often exceeding their stated purpose of protecting state security.
Organized Crime
Organized crime involves an association of several people, temporary or durable, engaging in criminal activities while ensuring impunity. Key characteristics include:
- Economic profit.
- A prepared plan.
- Sometimes, implicit or explicit concerted action.
- Potential political or police connections.
The essential requirement is the association: several people acting jointly towards an accepted goal, using specific means and methods. This excludes individual actions.