Marxism and crime
By A. Swaby-Burton, Contributor

MARXISTS RECOGNISE that for a society to function efficiently, social order is necessary. However, apart from communist societies, they consider that in all societies one class ­ the ruling class, gains far more from society than other classes. Because of the benefits, the ruling class seeks to maintain or impose social order, by a variety of means.

Marxists agree with functionalists that socialisation plays a crucial part in promoting conformity and order. However, unlike the functionalists they are critical of the ideas, values and norms of capitalist society which they term 'capitalist ideology'. Modern Marxists point to education and the media as socialising agents which delude or mystify the working class into conforming to social order, which works against its 'real' interests. Althusser refers to these agencies as the ideological state apparatus. Nevertheless, most Marxists believe that the working class may come to question dominant ideas and challenge social order which enforces their own inequality.

N. Abercrombie, N. Hill and B. Turner argue that the working class' own collective experience of oppression at work and elsewhere provides them with a possible alternative basis of values and ideology (1980).

If ideology is the 'soft edge' of social control, the hard edge is the army, police, courts and custodial system, this is what Althusser calls the 'repressive state apparatus' Marxists suggest that these come increasingly into play when the capitalist system is seriously challenged.

Despite attempts by the ruling class to maintain social order in class divided societies, Marxists argue that conflict not consensus is the fundamental social reality. However, they believe that the effective way of combating oppression and inequality is through political organisation and action rather than through acts of deviance. Some Marxists see high rates of crime and other forms of deviance as signs of the weakness of the Capitalist system, but few consider that such behaviour contributes significantly to the achievement of a new social order.

Marxist theory makes two main points about deviance. First deviance is partly the product of unequal power relations and inequality in general. For example, in a Capitalist society the rules (for example the laws) operate broadly in favour of capitalism and the capitalist class and to the disadvantages of the working class. Because of this 'bias' working class people are more likely to become classified as deviant. This is especially true of the poor who most times are driven to crime by necessity. Second, despite the fact that 'the rules' operate broadly in favour of the dominant class, some of its members often break and 'bend' the rules for their own gain.

Marxists analysis of power relations in capitalist society leads them to take the view that the basic legal framework of capitalist society and the way the law is enforced tend to support the capitalist society. On the question of the content of the law, they see individual property rights as much more securely established in law than the collective rights of for instance a trade union.

Marxists argue that not only does the law protect inequality but that, depending on class, people have unequal access to the law. Having money to hire a good lawyer can mean the difference between being found innocent or guilty. At a more subtle level, the ability to present a respectable image in court might appeal favourably to the sentiments of predominantly middle class magistrates, judges and jurors. These points help to explain why there is some evidence to suggest that working class people are more likely to be found guilty than middle class people for the same offence.