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Crime, Law and Social Change
Journal Prestige (SJR): 0.357
Citation Impact (citeScore): 1
Number of Followers: 470  
 
  Hybrid Journal Hybrid journal (It can contain Open Access articles)
ISSN (Print) 1573-0751 - ISSN (Online) 0925-4994
Published by Springer-Verlag Homepage  [2352 journals]
  • Compliance with anti-human trafficking policies: the mediating effect of
           corruption
    • Authors: Cassandra DiRienzo
      Pages: 525 - 541
      Abstract: Human Trafficking is an atrocious crime that represents a gross assault on human rights and the United Nations states that it is among the fast growing types of criminal activity. Recognizing the need for counteractive measures, in 2000, the United Nations General Assembly adopted the Convention against Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (Protocol). Using measures of country compliance with the Protocol, past research offers empirical evidence that corruption is a primary deterrent to compliance. Further, previous field studies and surveys suggest that a greater share of women in government should positively contribute to country compliance; however, this result is largely not borne out in empirical studies. It is hypothesized that the effect of the share of women in government on compliance is fully mediated by corruption, indicating that there is an indirect effect of women in government on compliance, rather than a direct effect. This hypothesis is empirically tested using a mediation model and the results indicate that the indirect effect is statistically significant. The empirical results presented suggest that a greater percentage of women in government reduces country corruption, which in turn increases country compliance with the Protocol. The policy implications of these findings are discussed and include suggestions to enhance female participation in government.
      PubDate: 2018-12-01
      DOI: 10.1007/s10611-018-9780-0
      Issue No: Vol. 70, No. 5 (2018)
       
  • ‘C’ is for commercial collaboration: enterprise and structure in the
           ‘middle market’ of counterfeit alcohol distribution
    • Authors: Jon Spencer; Nicholas Lord; Katie Benson; Elisa Bellotti
      Pages: 543 - 560
      Abstract: This article utilising the work of Pearson and Hobbs [1] defines the middle market in counterfeit alcohol. Drugs markets have a resemblance to counterfeit alcohol markets in as much that they share the illicit nature of the product and the need to distribute the product at the ‘street’ level. Drawing on two case studies taken from a European regulator the article details the dynamics of the market, the enterprise actions of the actors and how law enforcement responses can, in certain circumstances, make the task of the distributors easier. The traditional notions of organised crime are challenged and organisation of counterfeit alcohol markets is viewed as being reliant upon those who have legitimate access to the market and are able to develop networks of commercial collaborators who by their position in the legitimate market are able to conceal their illicit actions.
      PubDate: 2018-12-01
      DOI: 10.1007/s10611-018-9781-z
      Issue No: Vol. 70, No. 5 (2018)
       
  • Performance-based evaluation, state compensation and judicial ecology:
           dynamics of China’s detention review practice
    • Authors: Xifen Lin; Wei Shen
      Pages: 561 - 582
      Abstract: Through participatory observation and in-depth interviews with thirty-four practitioners, this article pierces the veil of the dynamics of China’s pretrial detention system by looking into various socio-legal factors which may affect law enforcement in China. When the prosecutors make their decisions on detention in practice, a variety of factors such as state compensation, performance-based evaluation as well as judicial ecology such as public opinion, power struggle, and judicial coordination all play a role. The dynamics of China’s detention system, through governing the prosecutors’ daily operations and the procuratorate’s routine policy-making, often distort the pretrial detention system that is mainly regulated by the Criminal Procedure Law and in practice, result in a high rate of custody. The dynamics also suggest a non-autonomous criminal justice system in China, meaning that extra-legal factors usually influence, complicate, and sometimes even re-direct China’s development of the rule of law.
      PubDate: 2018-12-01
      DOI: 10.1007/s10611-018-9782-y
      Issue No: Vol. 70, No. 5 (2018)
       
  • Policing labor: the power of private security guards to search workers in
           Brazil
    • Authors: Cleber da Silva Lopes
      Pages: 583 - 602
      Abstract: The losses caused by worker theft is one of the most concerning security problems for corporations. Private policing of the workplace is central to cutting down on such losses and keeping up profits. One of the most frequently used methods in such policing is searching workers. Despite the importance of searches and their potential for intrusion into individuals’ right to privacy, the normative bases for and limits to the use of this power have so far been little studied. The aim of this paper is to analyze the legal foundations and limits imposed by the Brazilian State so that private security guards can conduct searches in the workplace. The analysis is based on a qualitative study of Brazilian labor law and a qualitative/quantitative study of 376 judicial decisions on searches collected randomly in two Brazilian states between 2010 and 2013. The data shows that searches can be conducted in the workplace based on the employer’s right to manage production and protect their property. It also indicates the existence of relatively flexible limits to searches. Only a minority of the courts impose restrictions on searches similar to those set for police officers. Most judges allow more extensive searches than those permitted within the scope of public justice systems. The consequences of these findings are discussed.
      PubDate: 2018-12-01
      DOI: 10.1007/s10611-018-9783-x
      Issue No: Vol. 70, No. 5 (2018)
       
  • The prominence of fraud in New South Wales metropolitan media reporting
    • Authors: Douglas M. C. Allan; Andrew Kelly; Antony Stephenson
      Pages: 603 - 619
      Abstract: This study analyses the coverage of six major crime types in two of Australia’s largest newspapers. The study aims to test the prevailing viewpoint that fraud and financial crimes are proportionally underreported in the media. The study considers the cost of fraud and financial crime to society, the choices the media makes when reporting on fraud and financial crime, and the impact of media reporting on public policy and law enforcement. The study challenges prevailing views on the extent of media coverage of fraud, finding that there is significant coverage of fraud in the sampled Australian newspapers.
      PubDate: 2018-12-01
      DOI: 10.1007/s10611-018-9784-9
      Issue No: Vol. 70, No. 5 (2018)
       
  • Penalization and multidimensional poverty: improving our understanding of
           poverty amongst offenders in Ciudad Juarez, Mexico
    • Authors: Cirenia Chávez Villegas
      Pages: 621 - 645
      Abstract: Using a multidimensional approach to poverty measurement, this article aims to contribute to an improved understanding on the main aspects of deprivation experienced by former participants of organized crime in Ciudad Juarez, Mexico, a city that became the epicenter of violence due to the ‘war on drugs’ declared in 2006. A sample of 180 surveys and 20 in-depth interviews were implemented to evaluate multidimensional poverty amongst young men serving a prison sentence for a series of crimes related to organized criminal activity (aged 12 to 29) in Ciudad Juarez, Chihuahua. An equal number of surveys were implemented to a group of non-offenders who had no criminal record and resided in a marginalized area of the same city. The research finds that while offenders fared worse in several non-income dimensions of poverty compared to non-offenders, qualitative evidence revealed that experiences of poverty of offenders were not homogenous, as suggested by existing studies. One of the key findings to emerge from the research is that participation in organized crime decreases income poverty; however, participation did not constitute an effective nor sustained pathway out of poverty nor did it decrease deprivation in other dimensions due to a highly skewed distribution of income in the illegal economy and the use of gains from illegal activity to fuel conspicuous consumption, findings that are similar in the established Western literature on youth gangs.
      PubDate: 2018-12-01
      DOI: 10.1007/s10611-018-9785-8
      Issue No: Vol. 70, No. 5 (2018)
       
  • The impact of cybercrime on businesses: a novel conceptual framework and
           its application to Belgium
    • Authors: Letizia Paoli; Jonas Visschers; Cedric Verstraete
      Pages: 397 - 420
      Abstract: Despite growing indications and fears about the impact of cybercrime, only few academic studies have so far been published on the topic to complement those published by consultancy firms, cybersecurity companies and private institutes. The review of all these studies shows that there is no consensus on how to define and measure cybercrime or its impact. Against this background, this article pursues two aims: 1) to develop a thorough conceptual framework to define and operationalize cybercrime affecting businesses as well as its impact, harms, and costs; and 2) to test this conceptual framework with a survey of businesses based in Belgium, which was administered in summer 2016 and elicited 310 valid responses. Consisting of five types, our conceptualization of cybercrime is, unlike others, technology-neutral and fully compatible with the legislation. Drawing on Greenfield and Paoli’s Harm Assessment Framework (The British Journal of Criminology, 53, 864–885, 2013), we understand impact as the overall harm of cybercrime, that is, the “sum” of the harms to material support, or costs, and the harms to other interest dimensions i.e., functional (or operational) integrity, reputation and privacy. Whereas we ask respondents to provide a monetary estimate of the costs, respondents are invited to rate the severity of the harms on the basis of an ordinal scale. We claim that this “double track” gives a fuller, more valid assessment of cybercrime impact. Whereas most affected businesses do not report major costs or harm, 15% to 20% of them rate the harms to their internal operational activities as serious or more, with cyber extortion regarded as most harmful.
      PubDate: 2018-11-01
      DOI: 10.1007/s10611-018-9774-y
      Issue No: Vol. 70, No. 4 (2018)
       
  • Prevention of money laundering and the role of asset recovery
    • Authors: Samuel Sittlington; Jackie Harvey
      Pages: 421 - 441
      Abstract: The purpose of this paper is to examine the increasing emphasis of the UK anti-money laundering (AML) legislative framework, on the financial arrangements of criminals. Our qualitative study engaged key stakeholders from the AML environment through a series of focus groups. This included law enforcement; accountants; prosecutors; bankers and, importantly, ex-offenders. We argue that the inclusion of the views of a traditionally hard to reach group of ex-offenders, adds significantly to knowledge and understanding about effectiveness of AML. The research findings suggest that, at first glance, the focus on asset recovery has been successful. However, our respondents shared with us areas of tension and inconsistencies in application of the law, in particular between police and the courts. For example, whether it was better to prosecute the predicate offence  separately or in addition to the offence of money laundering; or whether to pursue criminal or civil recovery. We further find that criminals have been able to use their knowledge to circumvent the system, suggesting that greater effort is needed to promote cooperation, rather than competition, in successfully detecting and prosecuting offenders.
      PubDate: 2018-11-01
      DOI: 10.1007/s10611-018-9773-z
      Issue No: Vol. 70, No. 4 (2018)
       
  • The penalization of protest under neoliberalism: managing resistance
           through punishment
    • Authors: Ignacio González-Sánchez; Manuel Maroto-Calatayud
      Pages: 443 - 460
      Abstract: The repression of anti-austerity protests in Spain from 2011 to 2014 constitutes an example of how neoliberal developments are facilitated by the penal system as it limits political resistances to the imposition of precarious working conditions and social cuts. The limits imposed on contentious politics are both material (consisting of banning acts that are prominent in social movement’s repertoire of contention, fining demonstrators, etc.) and symbolic (consisting of transforming the meaning of legitimate politics by imposing new legal and political definitions). This case study is used to illustrate the interconnection between labor markets, social policies and the repression of social protest, and to elaborate on Wacquant’s approach to the relationship between punishment and other social institutions. It is at such times of political and economic crisis when institutional interconnections seem particularly exposed, arguably enabling more profound analyses.
      PubDate: 2018-11-01
      DOI: 10.1007/s10611-018-9776-9
      Issue No: Vol. 70, No. 4 (2018)
       
  • Leaving on a jet plane: the trade in fraudulently obtained airline tickets
    • Authors: Alice Hutchings
      Pages: 461 - 487
      Abstract: Every day, hundreds of people fly on airline tickets that have been obtained fraudulently. This crime script analysis provides an overview of the trade in these tickets, drawing on interviews with industry and law enforcement, and an analysis of an online blackmarket. Tickets are purchased by complicit travellers or resellers from the online blackmarket. Victim travellers obtain tickets from fake travel agencies or malicious insiders. Compromised credit cards used to be the main method to purchase tickets illegitimately. However, as fraud detection systems improved, offenders displaced to other methods, including compromised loyalty point accounts, phishing, and compromised business accounts. In addition to complicit and victim travellers, fraudulently obtained tickets are used for transporting mules, and for trafficking and smuggling. This research details current prevention approaches, and identifies additional interventions, aimed at the act, the actor, and the marketplace.
      PubDate: 2018-11-01
      DOI: 10.1007/s10611-018-9777-8
      Issue No: Vol. 70, No. 4 (2018)
       
  • House arrest with electronic monitoring: the Rio de Janeiro experience
    • Authors: Juliana Moreira Mendonça; Carlo Morselli; Luciana Pignataro
      Pages: 489 - 502
      Abstract: This article outlines the House Curfew with Electronic Monitoring (HCEM) experience in Rio de Janeiro (Brazil). Recently implemented in this Brazilian jurisdiction, HCEM has already achieved positive outcomes in terms of post-trial de-incarceration, as it reduced the open prison population by 35% from 2009 to 2014. In addition to describing and critically discussing these changes in the Rio de Janeiro criminal justice system, the study also reports offenders’ perceptions regarding this new crime control method in Rio de Janeiro. This perspective provides interesting feedback regarding HCEM in terms of safety, its punitive character, technological problems, constraints, and stigmatisation.
      PubDate: 2018-11-01
      DOI: 10.1007/s10611-018-9778-7
      Issue No: Vol. 70, No. 4 (2018)
       
  • Institutions and the culture dimension of corruption in Nigeria
    • Authors: Kempe Ronald Hope
      Pages: 503 - 523
      Abstract: Mention Nigeria to most people in the world and the retort is likely to be some reference to how corrupt the country is. Institutions, rules, and norms of behaviour have adapted toward the ultimate goal of predatory gain. When corruption becomes institutionalised in a society, it infiltrates the value-system, and it becomes a norm, part and parcel of culture. Nonetheless, one complicating and seemingly contradictory factor in this notion of the culture of corruption is that the majority of people in Nigeria do not internalise corruption as something morally acceptable. On the contrary, even if they have to take part in corrupt practices to get by or even to survive, they usually consider the practices as morally wrong. This work identifies, discusses, and analyses the weakness of institutions and the use and abuse of cultural norms as the primary reasons for endemic corruption in Nigeria.
      PubDate: 2018-11-01
      DOI: 10.1007/s10611-018-9779-6
      Issue No: Vol. 70, No. 4 (2018)
       
  • Challenging corruption and clientelism in post-conflict and developing
           states
    • Authors: Danny Singh
      Abstract: Corruption and clientelism in the government, security and judicial institutions of developing and war-torn countries seriously affects the poor and hinders state effectiveness to deliver services, the rule of law and security. This article provides an overview of systemic corruption, patronage and nepotism; petty bribery (administrative corruption); and state capture. This is followed by an analysis of international anti-corruption strategies as a response to curb these mentioned drivers of corruption. Subsequently, comparative methods are prescribed to compare corruption in various countries. Initially, cases of strong political will to fulfil anti-corruption reform in Hong Kong and Singapore are covered. These are compared with several cases of narco-states infiltrated from powerful drug cartels perverting the judiciary, the rule of law and security are presented to identify the main challenges of namely state capture and systemic corruption. Public administration reform, civil service reform and meritocracy and pay reform are addressed as further strategies to curb corruption. The final part provides a roadmap of anti-corruption strategy based on the main causes and practices of corruption, and reform efforts to mitigate them, as identified in the paper. This is based on four areas: raising awareness; prevention; prosecution and sanctions; and detection. The purpose of such an approach is to provide solutions based on the main forms of corruption and clientelism, as analysed in the paper.
      PubDate: 2018-12-05
      DOI: 10.1007/s10611-018-9807-6
       
  • Revocation of citizenship: how punitive theories and restorative justice
           principles apply to acts of disloyalty toward the state
    • Authors: Shay Keinan; Golan Luzon
      Abstract: Several countries have recently amended or attempted to amend their laws to make it easier for the state to revoke citizenship. Such laws suggest that citizenship is tied to loyalty to the nation state, and can therefore be taken away if it is deemed to have been breached. This paper focuses on possible justifications for applying the punishment of citizenship revocation to acts that are ‘contrary to the interests of the state’ or manifest ‘disloyalty’ to the nation. The paper compares such acts with other criminal acts, and analyses them according to a conventional punitive model of criminal law that includes also a restorative justice perspective. The paper argues that revocation of citizenship as punishment for acts of disloyalty can be justified by several theories of punishment, such as retribution, deterrence, denunciation, rehabilitation, and prevention. When it comes to carrying out the revocation of citizenship, however, several problems may arise. As a possible solution, the paper suggests applying a restorative justice approach to minor or moderate acts of disloyalty.
      PubDate: 2018-12-04
      DOI: 10.1007/s10611-018-9803-x
       
  • Does local corruption punish national parties votes'
    • Authors: Juan Luis Jiménez; Carmen García
      Abstract: Since 1978, an important process of decentralization in terms of regional competences has been taking place in Spain. In consequence, the behaviour of the regional and local administration has obtained an increasing relevant role. This process has a direct impact on the performance of politicians both at local and regional level, and on the results of elections. Recent data on elections show that national parties have lost the voting race at local elections. Moreover, at the same time as the economic boom in this country in the 2000s, there was also a boom in political corruption at the local level. Using a database that includes municipal data from 2004 to 2011 in Spain, this paper evaluates whether national parties lose votes at national elections due to the wrongdoing of their local candidates. Moreover, we focus on partisan effects, splitting the analysis according to the two main political parties in Spain. Our study resembles an experimental design, which yields two main conclusions. First, local corruption affects significantly the parties’ votes at national level, being the magnitude of the effect around one percentage point in absolute values. Second and interestingly, the sign of the results also depends on whether the corruption is on the right or the left wing.
      PubDate: 2018-12-04
      DOI: 10.1007/s10611-018-9806-7
       
  • Globalization and software piracy within and across 103 countries
    • Authors: Margaret A. Schmuhl; Chongmin Na
      Abstract: Globalization has been linked with many social problems, though little research has examined its relationship with software piracy. The ramifications of software piracy may vary across countries leading to varied criminal justice responses. More developed countries, which produce the most software and stand to gain the most from its protection, use diplomatic leverage to strengthen piracy laws in less developed countries. Consequently, lesser-developed countries are forced to adopt rigorous policies for IP protection. As such, we hypothesize that globalization will decrease software piracy rates over time. Using a modified random effect model, the current study examines the within and between countries effects of globalization on software piracy rates over time in 103 countries across a period of 14 years. Results indicate that globalization is significantly associated with a decrease in software piracy within and between countries over time while controlling for important time-varying and time invariant predictors. Interaction effects suggest that the relationship between globalization and software piracy is less pronounced in Asian countries and more pronounced in Latin American countries. In sum, some crimes, like software piracy, may be deterred if there are strong enough incentives and international pressures to regulate such crime through legislative and policy reforms.
      PubDate: 2018-11-19
      DOI: 10.1007/s10611-018-9805-8
       
  • British Muslims perceptions of social cohesion: from multiculturalism to
           community cohesion and the ‘war on terror’
    • Authors: Shamila Ahmed
      Abstract: Since the Northern disturbances of 2001 and the terrorist attacks of September 11th, the UK government has changed the focus of policies from those that predominantly focused on British Muslims’ Asian identity, to those that focus on British Muslims’ religious identity. The fracturing of the Asian identity has been evident in the political discourses on the ‘war on terror’ and community cohesion, with both defining British Muslims through their religious identity, as opposed to their Asian identity, an identity for which inter Asian commonality existed. This article draws on research that was conducted on British Muslims’ perceptions of social policy since the 1980s and explores the extent to which changes in governmental policies have impacted British Muslims’ perceptions of commonality with non-British Muslims. The article demonstrates how the ‘war on terror’ and community cohesion are negatively impacting social cohesion through making British Muslims feel isolated and marginalised in society. The implications of the findings are discussed in relation to the radicalisation of British Muslims and the growing influence of the Islamic State of Iraq and Syria (ISIS).
      PubDate: 2018-11-17
      DOI: 10.1007/s10611-018-9804-9
       
  • Are Muslims in the Netherlands constructed as a ‘suspect
           community’' An analysis of Dutch political discourse on terrorism in
           2004-2015
    • Authors: M. J. van Meeteren; L. N. van Oostendorp
      Abstract: Ever since the terrorist attacks of 9/11, counter-terrorism legislation has been argued to be globally focused on a so called ‘suspect community’: the ‘Muslim community’. The media, politicians and scholars speak about a new wave of terrorism where ‘Islamic’ is a common key denominator. Critical research, so far predominantly focused on the United Kingdom, has pointed at unintended consequences arising from political discourse in which a ‘suspect community’ is constructed, for society as a whole and the ‘suspect community’ in particular. Building on this research, this study analyses if and how Muslims are also constructed as a ‘suspect community’ in Dutch political discourse on terrorism in the period 2004-2015. The analysis shows that political discourse in the Netherlands has shifted significantly in this period. Whereas until 2011, terrorism was framed as a problem that originates in society and that is to be solved for society as a whole, it is currently seen as a problem that originates in Islam and which needs to be addressed by the ‘Muslim community’. All members of that ‘Muslim community’ are now considered as potentially ‘suspect’ when they do not openly and explicitly adhere to Western values and take action to distance themselves from the ‘Jihadist enemy’. Further societal implications of this discourse, in which the ‘Muslim community’ is constructed as a ‘suspect community,’ are also discussed.
      PubDate: 2018-11-13
      DOI: 10.1007/s10611-018-9802-y
       
  • Politics of mass rapes in ethnic conflict: a morphodynamics of raw madness
           and cooked evil
    • Authors: Albert Doja
      Abstract: To explain war rapes in former Yugoslavia, the work of cultural ideology is never complete, but an unstable relation between cultural activism and cultural norms and practices provides the point of departure to move beyond the stereotyped accounts of mass rapes and develop a neo-structural model of canonical formalization based on discourse analysis and transformational morphodynamics. Methodologically, the new model takes lead from the abstract mathematical operations and canonical transformations suggested by Lévi-Strauss for the structural study of myth. The assumption is that mass rapes are fueled by a specific cultural activism that activates a cultural ideology that makes mass rapes effective in a military strategy of ethnic cleansing.
      PubDate: 2018-11-13
      DOI: 10.1007/s10611-018-9800-0
       
  • Risky business: corporate risk regulation when managing allegations of
           crime
    • Authors: Elin Jönsson
      Abstract: This article seeks to develop an understanding of how corporations manage their social and ethical responsibilities, whilst simultaneously facing allegations of crime. It draws on the case of TeliaSonera, a Swedish corporation prosecuted for committing bribery in Uzbekistan. The article begins by introducing the reader to this so-called ‘Uzbek affair’, before exploring how corporate governance has shifted in the new regulatory landscape, and the role CSR plays in this landscape. Secondly, it critically deconstructs TeliaSonera’s regulatory regime, in order to analyse how the risks of corruption and bribery are managed in the aftermath of the Uzbek affair, and what functions this management fulfils for the corporation’s front stage performance. By drawing on the distinction between primary and secondary risk management as proposed by Power [1, 2], the article argues that the regime in place to manage social and ethical risks simultaneously manages reputational and profitability-related risks, thus illustrating the dual functions of corporate risk management. This duality, it is suggested, is a consequence of the responsibilisation process in which corporations have become self-regulating entities, which allows for a ‘risk management of everything’ (cf. [1]).
      PubDate: 2018-10-27
      DOI: 10.1007/s10611-018-9799-2
       
 
 
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