The term was developed by Critical Criminology theorists as an alternative to the traditional legal standard of crime, which defines offenses according to criminal law. Chemical crimes occur when (1) the chemical in question can be reasonably expected to cause harm through its production, distribution, use, storage, or disposal; (2) the harm caused by the chemical is comparable to that caused by other types of legally defined crimes (i.e., those reported in the Uniform Crime Report); (3) the producers or users of the chemical have knowledge of the risks that it creates, and/or are indifferent to these risks; and (4) the harm in question can be avoided through the use of alternative technologies.
Research on chemical crimes takes four forms. The first line of research examines definitional aspects of chemical crimes and places emphasis on how power relations shape the social construction of crime. Following an argument popularized by Richard Quinney in the Social Reality of Crime, this literature argues that the definition of chemical crimes, like that of other crimes, is constructed in a collective process that appears neutral yet is influenced by politically and economically powerful groups. Specifically, chemical manufacturers play an important role in the social construction of chemical crimes by presenting an image to the public that they protect health by working to develop environmentally friendly practices. This may be accomplished through making small environmental concessions (such as McDonald's decision to stop using styrofoam to package its food products) in order to appease the public's concern, and by using media campaigns designed to make the company appear to be concerned with the environment and the public health.
This tactic has been described in the environmental literature as “greenwashing.” A second approach focuses on media coverage of chemical crimes. Scholars who examine this issue have found that while street crime is frequently depicted in the media, little media attention is focused on corporate or business crime, including chemical crimes. Media research on crime reporting addresses social construction arguments and illustrates how the news media shape public opinion concerning the “nature” of crime in our society by excluding coverage of chemical crimes. In many instances, chemical crimes are rationalized by corporate representatives (and environmental regulations) as unfortunate “accidents” even though there may have been a conscious corporate decision to select (typically because of cost) a specific production technology that made the accident more likely. When examining media reports of chemical crimes, researchers find that even when these crimes produce serious harm (e.g., death and injury), they are much less likely to be covered by major newspapers than serious street crime (e.g., homicides, rapes, and robberies).
The third line of chemical crime research focuses on identifying chemicals known to cause harm. The goal of this research is to demonstrate ways in which criminologists can employ medical evidence to identify toxic harms where other forms of data (e.g., standardized measures such as the Uniform Crime Reports) do not exist. This line of research also centers on known technologies that are in use and could, if implemented, reduce the risk of chemical harms. Dioxin, for example, is a chemical waste product that results from the production of chlorine, pesticides, polyvinyl chloride, and paper and from waste incineration. Dioxin is a recognized carcinogen and is thought to be an endocrine disrupter that prevents normal development in animals and humans. The industry of paper pulp is one of the largest producers of dioxin in the world. Researchers argue that significant decrease in dioxin could be attained if paper producers would employ existing paper technology that is chlorine-free. Some parts of the paper industry have responded to the medical research and converted production to incorporate chlorine-free paper production technology. However, researchers studying chemical crimes have noted that much of the paper industry continues to lobby against non-chlorine technologies, also actively participates in and provides funding for the spread of disinformation regarding the hazards of dioxin.
Finally, researchers have also examined chemical crimes in relation to the notion of environmental justice. Environmental justice focuses on production processes and the ways that community racial, class, and ethnic composition is related to the spatial proximity of communities to toxic chemical production, storage, disposal, and treatment facilities. Environmental justice research has demonstrated that community race, class, and ethnic characteristics are important determinants of proximity to hazardous waste locations, which has important implications for the study of chemical crimes.
First, this research indicates that proximity to chemical hazards is influenced by community race and class characteristics, which also reflect the social and economic power communities wield. Second, this research illustrates that community power structures are important determinants of the likelihood that members of a community will be victims of chemical crimes. Third, this research raises the possibility that corporations target less powerful communities as sites for chemical crimes. Fourth, this research demonstrates that race and class membership affect the likelihood that an individual will become the victim of a chemical crime. Finally, because chemical crime exposure is influenced by community race and class characteristics, this raises the need to study associated health and behavioral problems, some of which are thought to be connected to involvement in street crime.
For example, chemical crime researchers believe that chemical toxins not only have health impacts that relate to disease prevalence and incidence but also may have impacts on learning capabilities, ability to cope with frustration, attention deficit disorder, hyperactivity, and other biological, behavioral, psychological, and developmental factors that have been specified as causes of criminal behavior. Chemical crime researchers argue that the spatial distribution of various chemicals may alter behavior by adversely impacting biological development and elevate crime rates in exposed communities.