DETERMINACIÓN DE OBJETIVOS Y PRIORIDADES PARA LA INSPECCIÓN

From a Marxist perspective, laws are made by the state, which represents the interests of the ruling class.

Many sociologists have noted the large number of laws dealing with property in capitalist society. In modern capitalist society vast number of laws have come up which protect the property interests of the emerging capitalist class.

The question is ‘who makes the law?’ who benefits? Laureen snider (1993) notes that the capitalist state is often reluctant to pass laws which regulate large capitalist concerns and which might threaten their profitability. She points out that capitalist status oftern use vast sum of money trying to attract investment from corporations. They offer new investors tax concessions, cheap loans & grants, and build expensive infrastructures to help companies operate successfully, Having tried so hard to attract inward investment, the state is unwilling to risk alienating large corporations. Snider says the state is reluctant to risk alienating large corporations. Snider says the state is reluctant to pass or enforce stringent laws against pollution, workers health and safety or monopoly. Such measures frighten off the much so right after investment and engender the equally dreaded loss of confidence.

However, laws are sometimes passed which appear to be designed to protect the consumers against private enterprise. In all advanced capitalist societies, there are laws, apparently framed in the national interest, which provide the state with powers to control industry & commerce. Eg- laws on pollution & the protection of the environment but even such laws serve ruling class interests & also those groups which are benefited by them.

One example is provided by James Graham’s study of the Drug Abuse prevention and control act, passed by the Govt in 1970. Attempts were made to place greater controls on the manufacture & supply of amphetamine, shown in illegal drug circles as ‘Speed’ Amphetamine is a stimulant which if taken in large quantities, can do considerable norm. Over 90% of amphetamine on the illicit market was legally manufactured by the large drug corporations. Graham claims that due to pressure placed on politicians by the drug corporations, attempts to place stricter controls or amphetamine manufacture & distribution failed. Graham concluded ‘The end result is a national policy which declare on all out war on drugs which are not a source of corporate income.

It is clear that public welfare takes second place to corporation profits.

Frank Pearce argues that many laws which appear to benefit only the subject class, in reality benefit the ruling class as well factory legislation protecting the health & safety of workers provides an example:

Pearce writes- “The majority of laws work in favour of the capitalists, yet many laws do also benefit the other social chasses, not only because the system needs a healthy safe population of producers & consumers but also because it needs their loyalty.”

Taylor, Walton and young have quoted Angele Davis “The real criminals in this society are not all the people who populate the prisons across the state, but those people who have stolen the wealth of the world from the young.”

In her eyes the real criminals are members of the capitalist class. Ruling class control of the superstructure prevents such views from becoming widespread, from developing into major issues & from being translated into law.

Sociologists who have been strongly influenced by Marxistn tend to argue that crime is wide spread in all social states. There are many examples of illegal behaviour by white collar criminals and corporations. Laureen snider argues that many of the most serious antisocial and Predatory acts committed in modern industrial countries are corporate crimes. Snider claims that corporate crime does more crime than the ‘Street crime’ which are burglary, robbery & murder & are usually seen as the most serious types of crime. She claimed that corporate crime costs more, in terms of both money & lives than street crime.

Industrial accidents take place taking toll of thousands of deaths every year because safety precautions or rules were being violated & yet no action has been taken so far by the government.

In an important study of crime in Seattle Washington, William Chambliss (1978) argues that organized crime is not merely the servant of the ruling class but rather an integrate part of it. Chambliss argues that, crime occurs throughout all social stratus. The major differences between strata are the types of crimes committed & the nature of law enforcement.

Chambliss claims that power, in the form of money & influence, is the key factory which determines who gets arrested & who does not. The jails are filled only by poor or powerless & act by politicians who are the greatest criminals.

Chambliss claim that the major crime syndicate in Seattle was made up of leading business men, political leaders & law

enforcement officers. The syndicate organised illegal gambling, book making prostitution pornography & the sale & distribution of drugs. Such politicians also run brothers hotels with alcohol, gambling & support all sorts of illegal activities both in rural & urban areas. Pay offs or bribes to local politicians & govt officials were standard practices with the result that local Govt bureaucracy turned a blind Eye to the syndicates activities.

So Chambliss concluded that those who operate corporate crimes are not members of some ‘Criminal Class’ they belong to the economic & political elite.

Many Marxists see crime as a natural ‘Outgrowth’ of capitalist society. They argue that a capitalist economic system generates crime for the following reasons:

Maximization of profit, accumulation of wealth, economic self interest, personal gains are some of them.

William Chambliss argues that the greed self interests & hostility generated by the capitalist system motivate many crimes at all levels within society. Members of each stratum use whatever means & opportunities their class position provides to commit crime. Thus in low income areas, the mugger the Small thief, the pusher, the pimp or the prostitute use what they have got to get what they can. In higher income Brackets business people, lawyers & politicians have more effective means at their disposal to grab a large share of the cake.

For Gordon, most crimes in the country Share a single important similarity they represent national responses to the competitiveness & inequality of life in capitalist societies.

Marxist theories have been criticized from a number of quarters.

a) Feminist sociologists have argued that Marxist theories put undue emphasis upon class inequality from their point of view Marxist theories ignore the role of patriarchy in influencing the way the criminal justice system operate. Marxists have also been accused of neglecting the importance of racism in the enforcement of laws.

b) Communist countries have not eradicated crime to any extent. Stephen Jones (1998) points out that capitalism does not always produce high crime rates. For eg. In Switzerland which has long embraced a capitalist system, crime rates are very low. He also claims that capitalists are not very much free to make substantial profits & at times they lose in proposed merging &

take over. This shows that capitalists can not always get the laws they want.