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Should Banksy be put in prison?

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Should Banksy be put in prison?

Anonymous street artist Banksy is renowned for his controversial satirical street art, where dark humour and politics meet graffiti. To many, Banksy is an artistic genius whose work has gone onto sell for up to $1.87 million, with art projects such as Dismlanad in 2015 paying tribute to his work and legacy, and Banksy exhibitions being displayed across the globe, it is clear that Banksy has become a cultural phenomenon.

However, his critics argue that Banksy’s urban graffiti is not worth the artistic praise it receives and that he should not be the only person excused from vandalising Britain’s walls. Environmental law states that graffiti "is an act of criminal damage under the Criminal Damage Act 1971, and those found guilty can be punished with a maximum fine of £5,000" so why should Banksy be considered any exception to this?

So, is Banksy an artist of the times, inspiring political thought and engagement with contemporary issues, or is he nothing more than a glorified criminal who continues to get away with criminal damage?

Which of these views do you think is correct?

______________________________________________________________________________________________


Anna Tippett:
I am a Lecturer in Criminology and teach across the modules Understanding Crime and Deviance, Sociological Theories of Criminal Behaviour, and Hate Crime and Discrimination. I have been working at the University of Hertfordshire since September 2017 and taught at several higher education institutions prior to this. My research interests focus on gendered constructions of deviancy, sexuality, discrimination and human rights.

Melanie Collard
I am a Senior Lecturer in Law and Criminology and teach on the modules Sociological Theories of Crime, State Crime and Criminal Law. My research interests are interdisciplinary and lie within the areas of human rights, criminal law and critical criminology. My recently published book 'Torture as State Crime' is an empirical investigation into the making of torturers in Argentina prior to and during its Dirty War (1976-1983).
(edited 5 years ago)

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Absolutely. I don't know why we allow that commie piece of trash to still roam the streets freely. He is a criminal and the youth need to stop glamorising his wicked behaviour. I also forgot to mention that hes an attention seeking drama queen.
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I feel it's a case of exception, if it's art can it still be damage? critics aside people pay, people look, people talk. Be a different matter if he was nicked red handed I suppose.

If another street artist thinks they should have the same 'special treatment' then it's on them to have the stones and skill to prove it, systems make allowances for those that provoke.
Perhaps wait until after Brexit when we can have the death penalty back, then he can be lined up against a wall and shot with a high calibre rifle, the wall being his final painting.
How would someone be put into prison for a crime where the the maximum punishment is a £5000 fine?
Original post by University of Hertfordshire Guest Lecturer
Anonymous street artist Banksy is renowned for his controversial satirical street art, where dark humour and politics meet graffiti. To many, Banksy is an artistic genius whose work has gone onto sell for up to $1.87 million, with art projects such as Dismlanad in 2015 paying tribute to his work and legacy, and Banksy exhibitions being displayed across the globe, it is clear that Banksy has become a cultural phenomenon.

However, his critics argue that Banksy’s urban graffiti is not worth the artistic praise it receives and that he should not be the only person excused from vandalising Britain’s walls. Environmental law states that graffiti "is an act of criminal damage under the Criminal Damage Act 1971, and those found guilty can be punished with a maximum fine of £5,000" so why should Banksy be considered any exception to this?

So, is Banksy an artist of the times, inspiring political thought and engagement with contemporary issues, or is he nothing more than a glorified criminal who continues to get away with criminal damage?

Which of these views do you think is correct?

______________________________________________________________________________________________


Anna Tippett:
I am a Lecturer in Criminology and teach across the modules Understanding Crime and Deviance, Sociological Theories of Criminal Behaviour, and Hate Crime and Discrimination. I have been working at the University of Hertfordshire since September 2017 and taught at several higher education institutions prior to this. My research interests focus on gendered constructions of deviancy, sexuality, discrimination and human rights.

Melanie Collard
I am a Senior Lecturer in Law and Criminology and teach on the modules Sociological Theories of Crime, State Crime and Criminal Law. My research interests are interdisciplinary and lie within the areas of human rights, criminal law and critical criminology. My recently published book 'Torture as State Crime' is an empirical investigation into the making of torturers in Argentina prior to and during its Dirty War (1976-1983).

A friend of mine was put in prison for graffiti. Granted, he was drawing letters on trains, rather than pseudo-insightful socio-political commentary on streets where people were actually going to see it. However, I don't think the law differentiates standard criminal damage from 'criminal damage which some people subjectively consider to be interesting to look at or profoundly insightful'. It appears to be one rule for some, different rule for everbody else. The police could find and arrest Banksy if they really wanted to, but they're not interested.

It's funny how - if Banksy had stencilled the side of their fence/garage/shop/etc 15 years ago - practically all the people who are now his biggest fans would have been utterly livid and calling for all graffitiers to be locked up/executed/insert knee-jerk overreaction. Nowadays it's a blessing to be graced by Banksy because that means £N00000+ on their bank balance and that coincidentally means "oh wow, yeah, this is totally a clever comment about the injustice of <insert sentiment obvious to practically everybody who has ever paused to reflect on anything>!" I can practically guarantee he derives great amusement from seeing people pay hundreds of thousands (or millions) for things he made in 10 minutes for £1. It's interesting how people can't decide whether they should like a new stencil piece which appears overnight, until it can be confirmed as attributed to Banksy (or not). It's also funny how he's become this near prophetic, Robin Hood type, mythical visionary figure for the middle class too.

I strongly disagree that "Banksy is an artistic genius" - so much of his work is plagiarised from more obscure artists who receive no credit and very few people recognise it as plagiarism due to the original sources being so obscure.
Original post by StriderHort
I feel it's a case of exception, if it's art can it still be damage? critics aside people pay, people look, people talk. Be a different matter if he was nicked red handed I suppose.

If another street artist thinks they should have the same 'special treatment' then it's on them to have the stones and skill to prove it, systems make allowances for those that provoke.



Wether or not it is art, it is still vandalism though.


OP- he should be getting the fines imo, but then how can we when no one knows who he is?
Nah.
If he has done it on private property and they complained, yes.

If in public then the public can decide whether criminal damage was done. I dare say in general the public will find not.
Original post by AzureCeleste
Wether or not it is art, it is still vandalism though.


OP- he should be getting the fines imo, but then how can we when no one knows who he is?

It's not vandalism in everyones eyes, and that's important, he isn't destroying things or rendering them unusable....it's hard to make a case that his actions are to the detriment to the majority of land/space users.

Don't see any reason he shouldn't pay a fine if convicted but it's spare change to him, folk would likely pay it FOR him
Original post by StriderHort
It's not vandalism in everyones eyes, and that's important, he isn't destroying things or rendering them unusable....it's hard to make a case that his actions are to the detriment to the majority of land/space users.

Don't see any reason he shouldn't pay a fine if convicted but it's spare change to him, folk would likely pay it FOR him


But then how do we define what vandalism is?
You get teenagers doing grafitti art on walls and writing random words- is that vandalism? Some people may not see it as vandalism wherelse others will do. How do we determine what the clear cut definition for vandalism is?
Original post by winterscoming
How would someone be put into prison for a crime where the the maximum punishment is a £5000 fine?

Prison can be a punishment for not paying said fines.
Original post by Drewski
Prison can be a punishment for not paying said fines.


That's a completely different crime. Unless I missed something, he's merely being accused of vandalism.
Original post by winterscoming
That's a completely different crime. Unless I missed something, he's merely being accused of vandalism.

I know, but they're making a leap to make it sound more dramatic, because even a guest lecturer had to resort to cheap and infantile clickbait these days
Reply 14
How are Bankys' authenticated?
Original post by AzureCeleste
But then how do we define what vandalism is?
You get teenagers doing grafitti art on walls and writing random words- is that vandalism? Some people may not see it as vandalism wherelse others will do. How do we determine what the clear cut definition for vandalism is?

In short, I don't think we can, some wee muppet scrawling 'Bubba sux Dugs 18' on a wall is to the detriment of pretty much all users of the area....you'd be hard pushed to find anyone but the 'artist' and their pals that approved. But something with greater skill & appeal is a different matter, Bansky's work isn't unique, lots of cities leave particular pieces simply because they're good and/or people like them, and might in fact get angry if you tried to 'fix' them.

The law is the law....but the prosecutor/proc fisacal has the final say on whether a case is in the public interest to continue, and this is the kinda thing they can say no over. The money probably doesn't hurt either.
Original post by winterscoming
How would someone be put into prison for a crime where the the maximum punishment is a £5000 fine?

Until recently, I worked for HM Courts and Tribunals service.

I doubt the 'maximum punishment is a £5000 fine', that might be the maximum financial penalty but generally speaking, those would be accompanied by a 'community order', or a 'conditional discharge' (for first time offenders whom the court believes genuinely made 1 bad decision and truly repent for it), or for repeat offenders, a 'suspended sentence order'. Or for under 18s, a Youth Rehabilitation Order.

Community orders and suspended sentences generally have requirements which the defendant must abide by - e.g. not to be in possession of spray paint and stencils in public, not to be outside in public between Xp.m. and Ya.m., not to go within a certain street/area/town/county. If they're caught by the police doing anything forbidden by that court order, that's a more serious offence. Often they're caught committing a new crime whilst breaching those conditions. Repeat offending + breach of a court order = more severe punishment (including custodial sentences) and possible re-sentencing of offences from previous case. Likewise if somebody's on conditional bail and breaches those conditions before the case is sentenced, they might be sentenced more harshly.

So for the TLDR: a first time offender might receive a £5000 fine, probably accompanied by a conditional discharge or community order (unlikely for the sentence to consist solely of a fine).
Prolific, repeat offenders such as Banksy would not likely be sentenced on that basis.
Yes.
For crimes against art and good taste.
If the police can catch him in the act maybe criminal damage/vandalism/trespass too.
I despise graffiti and the dilettantes that participate.
its not fair to say that certain graffiti should be allowed if they like what it looks like, you cant allow some graffiti because you like it just like you cant allow a murder of someone that you liked - its still illegal regardless of whether you like it

whether or not it looks like its still illegal and shouldnt be put above anyone else thats doing illegal graffiti
Original post by Pure Flower
Absolutely. I don't know why we allow that commie piece of trash to still roam the streets freely. He is a criminal and the youth need to stop glamorising his wicked behaviour. I also forgot to mention that hes an attention seeking drama queen.

Think he's made a lot of money for charity though. It's all for the greater good.

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