Crime of the poor - Criminalization of poverty? Studies on a recalcitrant pair of terms

One possible connection between poverty and crime can be investigated against the background of an etiological paradigm, examining whether and to what extent poverty 'causes' crime. Another possibility is to follow the tradition of critical criminology and employ labeling theory to ask where and how the poor are discredited or criminalized by social control institutions. The third possibility were to consider both perspectives relevant. This is the approach of the paper at hand, which aims to take stock of the current state of research and discussion. This includes distinguishing between the risk of criminalization and the risk of punishment. We first clarify the concepts 'poverty' and 'crime', give then some theoretical explanations and present the current state of research. In a second main section, we use the example of Germany to specifically address the question of a possible criminalization or discrimination of the poor through legislation, jurisdiction, and application of the law. In particular, we deal with the problem of imprisonment for non-payment of a fine and show that this type of alternative enforcement primarily affects the socially disadvantaged.