CRIM10001 Lecture Notes - Lecture 3: Deskilling, Reality Principle, Labeling Theory
29 May 2018
School
Department
Course
Professor
Week 3
Graffiti Vandalism
What is Graffiti Vandalism?
• “Graffiti vandalism is a crime. It is the act of marking or defacing premises or other property
without permission.”
<http://www.crimeprevention.nsw.gov.au/cpd/protectcommunity/graffitivandalism.html>
• “Illegal graffiti involves markings applied to a publicly visible surface without the property owner’s
consent, that are not easily removed.”
<http://www.crimeprevention.vic.gov.au/home/resources/action+on+graffiti>
• “The term 'graffiti vandalism' refers to illegally defacing private or public property with markings
and/or graphics without the owner's consent” (NSW government)
• Researcher: “Do you think graffiti is art or vandalism?” Interviewee: “Oh, yeah, it’s obviously both
isn’t it? In some forms it’s vandalism. Some guys probably don’t even differentiate between the
two … They do graffiti, [they] [g]o bombing or trashing or whatever, [and] they want to label it as
[art]. Obviously murals are seen as art. [But] if I don’t like it I might just think it’s rubbish - then
that wouldn’t be art to me. If you can appreciate it, then I think […] it is art. Probably within the
right confines it always is art.”
Effects of Graffiti
In the context of property offences, graffiti is far less of an issue than other offences such as
criminal damage. This, though, this is only in terms of recorded offences.
The true cost of graffiti removal is unknown.
• NSW RailCorp spent $40 million removing graffiti in 2010-11
• Estimations on the cost of graffiti across Australia are of $1.5 billion annually
• John Alexander (Bennelong, Liberal Party), addressing Parliament on Graffiti Removal Day,
• “Amounts of up to $30 million dollars per year have been used as the estimated cost of graffiti
removal within Western Australia”
Graffiti Offenders
Graffiti vandalism is a crime which is difficult to apprehend and, therefore, to prosecute offenders.
Between 2011 and 2016, there were 40,317 graffiti incidents reported to police. Males represented
88.9% (4,338) of all people proceeded against. Juveniles have historically made up a significant
portion (60.2%) of those proceeded against, according to the NSW Government.
Severity of Graffiti
Popular media portrayals:
“They want to be recognised, they want to be praised within their circle of friends” -Chief Inspector
Ian McDonald, officer in charge of Transit Services Branch, South Australia
“[T]his is an offence committed largely by young people who are very impressionable” -Robert
Lawson, Attorney General, South Australia
“It is clear that the overwhelming majority of street-graffitists are teenage or pre-teen boys, most of
them from middle-class families and most not succeeding very well at school” -Donald Richardson
(1998) ‘Graffiti: The Problem and the Solution’
The severity of graffiti is emphasised because it is associated with:
• Escalating crimes
• Illicit drug use
It creates an impression of disorder and lawlessness: a city tainted my vandalism invites more
vandalism. This has become such a big issue for city councils that there are now dedicated graffiti-
removal teams in place.
Graffiti Prevention Act 2007
find more resources at oneclass.com
find more resources at oneclass.com
The Victorian Graffiti Prevention Act 2007 aims to:
• Reduce the significant financial and social costs of graffiti to the Victorian community
• Provide a strong deterrent to perpetrators of graffiti and promote holding perpetrators
accountable for their actions
• Reduce the incidence of graffiti in Victoria.
Graffiti Offences and Penalties:
The penalties for graffiti vandalism and other graffiti-related offences under the Act are:
• Marking publicly visible graffiti, or offensive graffiti, on private property without the owner’s
consent – up to 2 years prison and a maximum fine of $38,057
• Possessing, without lawful excuse, a spray paint can while on or adjacent to public transport
property or infrastructure, or where the person is trespassing on private property – a maximum
fine of $3,964 or an on-the-spot fine of $793
• Possessing a graffiti implement with the intention of marking graffiti – a maximum fine of $3,964.
• Offenders may also be charged with property damage offences under the Summary Offences Act
1966.
Police Search Powers
If police reasonably suspect that someone is in possession of a spray paint can, they can search
the person, without a warrant, if they are on or near public transport property or they are
trespassing on private property. Police can also search any vehicle, package or other thing the
person has in their possession.
However, special search procedures apply for 14 to 17 year-olds which include:
• A pat-down search over a person’s outer clothing
• A search of that outer clothing and gloves, shoes and headgear (which must be removed on
police request)
• A pat-down search of the next layer of clothing under the outer clothing (which has been
removed on police request).
Under 14 year-olds cannot be searched for spray paint cans.
Key Dichotomies
• Art vs Crime: Where is the distinction made between graffiti being art, or vandalism?
• Order vs Disorder
• Purity vs Danger: There is an idea that purity is undermined by vandalism
• Public Space vs Private Space
• Responsible Citizen vs Criminal Other: There is an idea that a person cannot be both
It may be important to consider whether graffiti/street art is:
• An act of agency and resistance?
• A form of political expression?
• Art?
• A way of belonging to a group?
• A form of expression?
“The difference between art and vandalism is permission. Very few kids who (perpetrate) graffiti
have any artistic talent - most of them are out to do wilful damage” -Steve Beardon, founder of
RAGE.
Stereotyping
Stereotypes surrounding graffiti offenders usually surround the notions that they are young,
‘hoons’, organised criminals, and/or egocentric.
Causation: The Conventional Narrative
The following are common conceptions of the cause of people becoming graffiti offenders:
• Defective personalities; an inability to control rebellious impulses
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
What is graffiti vandalism: graffiti vandalism is a crime. It is the act of marking or defacing premises or other property without permission.
