State Crime, Human Rights, and the Limits of Criminology

THE AIM OF THIS ARTICLE IS TO SUGGEST HOW CRIMINOLOGY CAN REMEDY ITS neglect of the important phenomenon of state crime, without adopting such a broad definition of as to destroy what coherence criminology has as a distinct field of study. To assess the universality of our approach we employ examples from two different state traditions, Anglo-American and Turkish. Our definition allows us to examine countries as diverse as Turkey and the United Kingdom from the perspective of a continuum, rather than as two discrete, incomparable state formations -- authoritarian and democratic. One of our reasons for selecting Turkey as a comparative example is that it is a democratizing state with an authoritarian historical backdrop. Torture of detainees, extrajudicial killings and disappearances, violent public order policing, forced evacuations, the razing of whole villages, and the routine harassment of trade unionists, media workers, and human rights defenders form the human rights landscape in much of Turkey (see Amnesty International, 1998; European Commission, 1998; Human Rights Foundation of Turkey, 1997, 1998; Human Rights Watch, 1999). Torture is, however, in breach of Article 17 of the Constitution and Articles 243 and 245 of the penal code, and is punishable by up to five years of imprisonment. Proposals documented in the new draft penal code are set to increase the powers of the courts in punishing state officials found guilty of torture and ill treatment of detainees. In some celebrated cases, state officials have been charged with criminal conduct, but they are few and the crimes a re many. In 1999, six police officers were sentenced to five and one-half years each for torturing a suspect to death in 1993, but most other cases against state officials have resulted in very lenient sentences, fines, or acquittals. The violence of the Turkish state is of a different order of magnitude to that employed in most liberal democracies. Yet instances of violent crime by British and American state officials are not difficult to find -- recent revelations about the Los Angeles Police Department, and allegations of brutality against officers at the Wormwood Scrubs and Wandsworth prisons in England are among the more obvious examples. Less well-publicized is the extent to which legally unjustifiable violence is routinely used by police to enforce social discipline in some working-class areas (Choongh, 1997; Waddington, 1999). Despite the arguments of some theorists (e.g., Giddens, 1985) to the contrary, the use and threat of physical violence remain central to state power in liberal democracies. Cover's remarks on American criminal trials bring this out vividly: If convicted the defendant customarily walks -escorted--to prolonged confinement, usually without significant disturbance to the civil appearance of the event. It is, of course, grotesque to assume that the civil facade is voluntary. ...There are societies in which contrition and shame control defendants' behaviour to a greater extent than does violence.... But I think it is unquestionably the case in the United States that most prisoners walk into prison because they know they will be dragged or beaten into prison if they do not walk (Cover, 1986: 1, 607). The legal limits of legitimate force are inherently vague -- it is impossible to define in advance exactly what form of dragging or beating the prisoner may legitimately receive -- and strict enforcement of what limits do exist is intrinsically difficult and will often be contrary to the interests of the enforcing agency. It would therefore be surprising to discover any state in which criminal or legally ambiguous acts of violence by state agents did not occur. It would be equally astounding if any state were able to eliminate the innumerable opportunities for predatory crime inherent in economic regulation and revenue-raising (Smart, 1999). Some states, however, plainly commit far more and more serious crimes than others do, and it might be expected that these differences would be among the central concerns of criminology (Comfort, 1950). …