The presenter, a co-author of The Rich Get Richer and the Poor Get Prison, will focus on economic inequality, which receives less attention than race or gender. This paper will start by providing an overview of economic inequality in several developed nations before discussing several ways to conceptualize the inequality between natural and corporate persons. Next, the presentation will summarize the links between inequality and crimes of the poor as well as crimes of the rich, following Braithwaite’s formulation that inequality worsens crimes of need and crimes of greed. The impact of inequality on each stage of the criminal justice system will then be reviewed. Law making is influenced by lobbying. Policing means war on crimes done by the poor and zero tolerance, but deregulation for corporations. Judicial processing and outcomes are heavily influenced by quality of legal assistance and resources. By sentencing, the wealthy and corporations who have harmed workers, consumers and communities have been largely weeded out; it is the poor who get sentenced to prison, reinforcing the belief that they are the most dangerous. The conclusion highlights the importance of ideology in minimizing concern about inequality and its effect on justice.
Original Title
Why Inequality Matters for Criminology and Criminal Justice
The presenter, a co-author of The Rich Get Richer and the Poor Get Prison, will focus on economic inequality, which receives less attention than race or gender. This paper will start by providing an overview of economic inequality in several developed nations before discussing several ways to conceptualize the inequality between natural and corporate persons. Next, the presentation will summarize the links between inequality and crimes of the poor as well as crimes of the rich, following Braithwaite’s formulation that inequality worsens crimes of need and crimes of greed. The impact of inequality on each stage of the criminal justice system will then be reviewed. Law making is influenced by lobbying. Policing means war on crimes done by the poor and zero tolerance, but deregulation for corporations. Judicial processing and outcomes are heavily influenced by quality of legal assistance and resources. By sentencing, the wealthy and corporations who have harmed workers, consumers and communities have been largely weeded out; it is the poor who get sentenced to prison, reinforcing the belief that they are the most dangerous. The conclusion highlights the importance of ideology in minimizing concern about inequality and its effect on justice.
The presenter, a co-author of The Rich Get Richer and the Poor Get Prison, will focus on economic inequality, which receives less attention than race or gender. This paper will start by providing an overview of economic inequality in several developed nations before discussing several ways to conceptualize the inequality between natural and corporate persons. Next, the presentation will summarize the links between inequality and crimes of the poor as well as crimes of the rich, following Braithwaite’s formulation that inequality worsens crimes of need and crimes of greed. The impact of inequality on each stage of the criminal justice system will then be reviewed. Law making is influenced by lobbying. Policing means war on crimes done by the poor and zero tolerance, but deregulation for corporations. Judicial processing and outcomes are heavily influenced by quality of legal assistance and resources. By sentencing, the wealthy and corporations who have harmed workers, consumers and communities have been largely weeded out; it is the poor who get sentenced to prison, reinforcing the belief that they are the most dangerous. The conclusion highlights the importance of ideology in minimizing concern about inequality and its effect on justice.
Department of Sociology, Anthropology & Criminology Eastern Michigan University, USA
ISA World Congress of Sociology Yokohama, Japan July 2014 Class, Race and Gender are primary determinants of social life
but
discourses about modern society have been largely de-classed.
The scale of this inequality is almost beyond comprehension, perhaps not surprisingly as much of it remains hidden from view
Mooney, G. (2008) Explaining poverty, social exclusion and inequality in T. Ridge and S. Wright (eds) Understanding Inequality, Poverty and Wealth, Bristol (U.K.): Policy Press. Class and Economic Inequality Roadmap Inequality US as extreme case: shows widest range of dynamics in sharpest relief
Inequality & Crime
Inequality & Criminal Justice
Conclusions http://occuprint.org/ Income Distribution, 2012 Households Share of Aggregate Income Upper Limit (You are in this group if you make less than) Lowest Fifth 3.2% $20,599 Second Fifth 8.3% $39,764 Third Fifth 14.4% $64,582 Fourth Fifth 23% $104,096 Highest Fifth 51% Top 5% 22.3% Lower limit = $191,156 U.S. Census Bureau, Current Population Survey, Annual Social and Economic Supplements, Tables H-1 and H-2 http://www.census.gov/hhes/www/income/data/historical/household/ ???? Income Distribution, 2012 Households Upper Limit (You are in this group if you make less than) Lowest Fifth $20,599 Second Fifth $39,764 Third Fifth $64,582 Fourth Fifth $104,096 Highest Fifth $2,200,000,000 Top 5% Lower limit = $191,156 U.S. Census Bureau, Current Population Survey, Annual Social and Economic Supplements, Tables H-1 and H-2 http://www.census.gov/hhes/www/income/data/historical/household/
Forbes, The 40 Highest-Earning Hedge Fund Managers and Traders, http://www.forbes.com/lists/2013/hedge-fund-managers-13_land.html $2.2 Billion
Hedge fund manager David Tepper Wealth = assets debts Norton, Michael and Dan Ariely. 2011. Building a Better America. Perspectives on Psychological Science, 6(1): 9-12 Top 20% actually control 84% of wealth; people believe they control 59%; ideally, top 20% should control 32% Bottom 60% actually own 5% of wealth; people believe they control about 20%; ideally, the bottom 60% should control 45% of wealth. Financial security and political power Unequal Wealth Distribution Kennickell, Arthur. 2011. Tossed and Turned: Wealth Dynamics of U.S. Households 2007-2009. http://www.federalreserve.gov/pubs/feds/2011/201151/revision/201151pap.pdf. Page 12. Pfeffer, Danziger and Schoeni. 2014. Wealth Levels, Wealth Inequality and the Great Recession. http://www.ritholtz.com/blog/2014/07/wealth-levels-wealth-inequality-and-the-great-recession/. Forbes. 2013. Forbes ranking of 400 richest Americans. http://www.forbes.com/sites/forbespr/2013/09/16/forbes-announces- its-32nd-annual-forbes-400-ranking-of-the-richest-americans/ Households Share of Aggregate Wealth (2010) Notes (from 2012and 2013) Bottom 50% 1.1% At 25 th Percentile, wealth = $3,200 50 th Percentile (median) = $56,335 50 90 th
percentile 34.5% Does not include Forbes 400. 2012 total wealth = $2 trillion (min = $1.3 billion, max = $72 billion) Inequality between real and corporate persons, 2010 International Monetary Fund, World Economic Outlook Database, April 2011. http://www.imf.org Fortune 500, 2010. http://money.cnn.com/magazines/fortune/fortune500/2010/full_list/. Country GDP v Corporate Revenue, 2010 Overall Rank Country Rank Company Rank Country/Company GDP/ Revenue* 1 1 United States $15,065 29 29 South Africa $560 30 1 Wal-Mart $422 32 2 Exxon-Mobil $354 62 6 General Electric $152 66 9 Bank of America $134 70 58 Vietnam $121 71 13 J.P. Morgan Chase $116 73 14 Citigroup $111 86 23 Wells Fargo $93 Fortune 500 from http://money.cnn.com/magazines/fortune/fortune500/2011/full_list/ . International Monetary Fund, World Economic Outlook Database, September 2011. Gross domestic product is expressed in current (2011) U.S. dollars. http://www.imf.org/external/pubs/ft/weo/2011/02/weodata/index.aspx. * In billions of US dollars Inequality & Criminology Inequality worsens both crimes of poverty motivated by need and crimes of wealth motivated by greed http://occuprint.org Need: absolute, what we perceive others to have, what whites have, expectations based on advertising and dramatization of bourgeois lifestyles (p 83) Braithwaite, John. 1992. Poverty Power and White Collar Crime, in Schlegel and Weisburd, White-Collar Crime Reconsidered (Boston: Northeastern University Press) Inequality & crimes of the rich Having additional money matters to the rich increasing concentrations of wealth [enables] the constitution of new forms of illegitimate opportunity (p 85) Novel illegitimate strategies that excel because they cannot be contemplated by those who are not wealthy (p 88) people in positions of power have opportunity to commit crimes that involve the abuse of power, and the more power they have, the more abusive those crimes can be (p 89) undermines respect for the dominion of others (p 80) All quotes from Braithwaite 1992 Inequality and CJ Harms Done by the Rich, the Powerful and Corporations Law Making Law Enforcement & (anti) regulation Lawyers and Judicial Processing Sentencing and Prison Inequality worsens crimes of rich and poor. CJ system focuses on poor while rich are processed out of the system at every stage Inequality Inequality & Law Making The 1% are not seen as a special interest and lobby so that the harms they do are Civil violations (fines) not criminal (prison) Misdemeanor (minor) not felony Not recognized in law h t t p : / / o c c u p r i n t . o r g /
Capitol Hill works like a vending machine. You put coins in the slot, select your law, and the desired legislation slides out (Ritholtz 2012) Inequality in Policing/Regulation Crimes of poor: get tough ~ zero tolerance ~ WAR on crime ~ law and order Policing of the powerful: deregulation Regulators = cops on the beat We wouldnt allow the Super Bowl to be played without referees because we know that players would give in to their worst impulses. The financial system is the same. Barry Ritholtz, Wheres the Ref? Forbes, September 12, 2008.
Inequality in Lawyers & Legal Outcomes Indigent man on death row: the lawyer himself was on probation for public intoxication and addicted to crystal methamphetamine the lawyer would be charged with drug possession, declare bankruptcy and commit suicide (NYT 2013) A 2011 study found that death penalty lawyers often spend little time preparing their cases and put on only the barest defense. They neglect basic steps, such as interviewing defendants, seeking out witnesses, and investigating a defendant's background. One upper-class campus drug dealer studied in Dorm Room Dealers described himself as untouchably wealthy, ended up with a possession ticket because I got real good lawyers [laughs]. Like real good lawyers fucking like six lawyers. (Mohamed and Fritsvold 2012, p 159) Inequality and Sentencing (Cumulative Impact) SEC v Citigroup (2011), Citi fined less than investor losses. They agreed not to violate securities laws. They agreed not to violate the very same antifraud statute in July 2010. And in May 2006. Also as far as back as March 2005 and April 2000. Reiman, Jeffrey and Paul Leighton. 2013. The Rich Get Richer and the Poor Get Prison, 10 th ed. Boston: Allyn & Bacon Peaceful protesters get arrested for disorderly conduct, while those who created serious disorder with the world economy keep getting bonuses and go about business as usual. Financial crooks lobby against reform legislation and consumer financial protection.
Ideology when ideas, however unintentionally, distort reality in a way that justifies the prevailing distribution of power and wealth, hides societys injustices, and thus secures uncritical allegiance to the existing social order Reiman and Leighton, The Rich Get Richer & The Poor Get Prison, 10 th ed. (2013:183) Conclusions: Theres More Inequality Than You Think No neutrality in the face of injustice to claim to be apolitical or neutral in the face of such injustices would be, in actuality, to uphold the status quo a very political position to take and on the side of the oppressors -Sister Helen Prejean, Dead Man Walking Declassed criminology more state propaganda than science Accepts political definition of crime Focuses coercive CJ system on poor and neglects threats to public safety/wellbeing from white collar and corporate crime CJ can be no more fair than the society for which it provides law and order - reflect and recreate injustices in social order Equality under law requires assessment of class bias in CJ
http://occuprint.org Dr. Paul Leighton is a professor in the Department of Sociology, Anthropology & Criminology at Eastern Michigan University.
More information about him is available on his website, http://paulsjusticepage.com/paul/pauls-cv.htm
I believe and hope my use of the images in this presentation is covered by fair use. Requests to remove materials should be sent to the presenter through his address on this page http://paulsjusticepage.com/paul.htm