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Crime, Law and Social Change
Journal Prestige (SJR): 0.357
Citation Impact (citeScore): 1
Number of Followers: 479  
  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]
  • Regulating crimmigrants through the ‘character test’: exploring the
           consequences of mandatory visa cancellation for the fundamental rights of
           non-citizens in Australia
    • Authors: Peter Billings
      Pages: 1 - 23
      Abstract: This article critically examines legislative reforms to the ‘character test’, related changes to policy and government administration, with a particular focus on the recent introduction and enforcement of an unprecedented regime of mandatory visa cancellation for non-citizens considered to be of bad character. Non-citizens subject to mandatory visa cancellation include those possessing a ‘substantial criminal record’. These individuals are subject to extended periods of imprisonment after the expiration of non-parole periods, or lengthy periods of immigration detention upon the expiration of their prison sentence. They are vulnerable to removal from Australia notwithstanding deep and enduring community ties. Justified by politicians as a measure of effective crime control, visa cancellations on the grounds of bad character have increased rapidly since 2014, largely as a consequence of the introduction of mandatory visa cancellation. The revision of the character test, and introduction of mandatory visa cancellation, coheres with global ‘crimmigration’ trends as a means of effecting social exclusion for those represented as undesirable and unworthy of the ‘privilege’ of community membership. This article examines mandatory visa cancellation in light of the concept of ‘crimmigration’, and critiques the reasoning behind its introduction and the regulations and procedures governing its application. This article argues that mandatory visa cancellation, detention, attendant legal processes, and the sanction of removal, are, in several and sometimes distinctive ways, effectively punitive, and often conflict with individual’s fundamental rights.
      PubDate: 2019-02-01
      DOI: 10.1007/s10611-018-9786-7
      Issue No: Vol. 71, No. 1 (2019)
  • Legitimized fraud and the state-corporate criminology of food – a
           Spectrum-based theory
    • Authors: Kenneth Sebastian Leon; Ivy Ken
      Pages: 25 - 46
      Abstract: The role that food corporations have in determining our health and nutrition is concomitant with the power and influence that corporations exercise across all commercial sectors. These large, powerful, and often multinational entities – collectively referred to as Big Food – employ a robust array of strategies to advance the organizational interests associated with a seemingly paradoxical business model: securing the continuous and ever-growing consumption of food products increasingly associated with negative health outcomes. As this model proliferates globally, the implications of this contradiction warrant specific attention to the activities of Big Food corporations through a critical criminological framework. The pervasive and increasingly legitimized activity of Big Food relies on a legal, regulatory, and moral framework that allows for the relegation of all non-market oriented value systems to be secondary to a pro-corporatist ideological and moral superstructure. Whereas previous scholarship has contributed to an understanding of what occurs when profit-maximization values collide with – and then co-opt – public health and nutrition interests, the present study offers a spectrum-based theory to explain how various degrees of food fraud are systematically incentivized by the legal privileges of corporations and the hegemonic moral economy of neoliberal governance.
      PubDate: 2019-02-01
      DOI: 10.1007/s10611-018-9787-6
      Issue No: Vol. 71, No. 1 (2019)
  • The U.S. Government’s framing of corruption: a content analysis of
           public integrity section reports, 1978–2013
    • Authors: Ryan G. Ceresola
      Pages: 47 - 65
      Abstract: Political corruption is a complicated issue, with pundits, scholars, and armchair theorists speculating on what makes politics so seemingly corrupt. The US agency tasked with investigating and correcting this corruption is the Department of Justice’s (DOJ) Public Integrity Section (PIN). However, to date, there is no analysis of how corruption is interpreted and framed by this important government agency. Using a constructionist framework, a content analysis of thirty-five years of annual PIN reports to Congress is undertaken, demonstrating: 1) the PIN never explicitly defines what corruption is; 2) the PIN pays particular attention to the most dramatic cases of corruption (as opposed to the more mundane, typical cases) and emphasizes private businesses and individual malfeasance as exemplars of corruption. Finally, 3) the PIN has recently stopped briefly detailing each case they worked on in a year, and instead only present major highlights. In conclusion, the PIN frames corruption in a way that limits the ability for meaningful social change to occur at an institutional level.
      PubDate: 2019-02-01
      DOI: 10.1007/s10611-018-9788-5
      Issue No: Vol. 71, No. 1 (2019)
  • Pachyderm poaching in Africa: interpreting emerging trends and transitions
    • Authors: Friedo Herbig; Anthony Minnaar
      Pages: 67 - 82
      Abstract: For the past two decades, rhino poaching has made headline news as the South African and global public increasingly endeared themselves to this species, in part due to their precarious status and conservation plight. On the African continent, whilst rhino-poaching pressure has topped out at the pandemic level, another conservation crime, namely elephant poaching, has surreptitiously amplified and annually been spiraling upwards. As rhino populations have dwindled, and amidst this decline and allied loss of poaching opportunities, wildlife poachers have ostensibly diverted their efforts to other more accessible species. This article highlights the auguring southwardly migrating poaching risk to elephants, the extent to which elephants are becoming a surrogate species for rhinos and/or other forms of wildlife in the context of poaching momentum, effort and economics, and the role that crime displacement and passé confidence in reactive intervention paradigms play, as potential drivers, in the continent-wide elephant defaunation.
      PubDate: 2019-02-01
      DOI: 10.1007/s10611-018-9789-4
      Issue No: Vol. 71, No. 1 (2019)
  • The role of costs, benefits, and moral judgments in private-to-private
    • Authors: Krista Jaakson; Lars Johannsen; Karin Hilmer Pedersen; Maaja Vadi; Gaygysyz Ashyrov; Anne Reino; Mari-Liis Sööt
      Pages: 83 - 106
      Abstract: Private-to-private corruption has no direct victim and is therefore difficult to combat. Yet it undermines market competition, impedes growth, and sets development at risk. Therefore, knowledge about the reasons for committing crimes is necessary for changing corrupt practices within private sector. This article explores business managers’ perceptions of the extent of bribing within their lines of business and possible explanations for these perceptions. We analyze a survey of 1000 managers of private companies in Denmark and Estonia using structural equation models. Comparing two behavioral causes for bribes, a rational choice theory and a cognitivist theory of action, which adds moral judgment to instrumental rationality, we find that managers find corruption less common when they see it as a breach of their own moral judgment. Costs of bribing do not matter and benefits from bribing play a marginal role in the perceived extent of bribing. Context is also important: managers in Denmark and outside capital cities in both countries deem bribing less common and this is not because they are personally less tolerant of bribing. The implication of this study is that fostering condemnatory attitudes toward private-to-private corruption should be a standard act in combating this form of corporate crime.
      PubDate: 2019-02-01
      DOI: 10.1007/s10611-018-9790-y
      Issue No: Vol. 71, No. 1 (2019)
  • Illicit financial flows within the extractive industries sector: a glance
           at how legal requirements can be manipulated and diverted
    • Authors: Sophie Lemaître
      Pages: 107 - 128
      Abstract: The extractive industries sector is considered to be one of the most prone to illicit financial flows. To date, numerous instruments at the national, regional and international level have been adopted targeting the extractive industries sector or specifically combating illicit financial flows but the effectiveness of these instruments remains uncertain as highlighted with the recent scandals that tarnished this sector. In fact some stakeholders, in particular extractive companies and government officials, are being creative and innovative in order to play with legislations combating these illicit practices and perpetuate illicit financial flows. Playing with the rules of the game is made possible not only through the support of intermediaries but also the availability of legal tools. This article provides a glance at how these actors use the law to abuse and manipulate legal frameworks.
      PubDate: 2019-02-01
      DOI: 10.1007/s10611-018-9791-x
      Issue No: Vol. 71, No. 1 (2019)
  • Correction to: Demographic variables predicting ISIS and Al-Queda armed
           political violence
    • Abstract: In the original publication, the word Daesh should have been Al-Queda. The word Daesh appeared in the article title, in the first sentence of the abstract, and in the last sentence of the third paragraph of the Introduction section.
      PubDate: 2019-03-20
  • Mass shootings and their asymmetric effect on societal armament
    • Abstract: Mixed evidence has been found for a positive relationship between mass shootings and civilian armament. This study suggests that the causal effect of mass shootings on subsequent societal gun acquisition is non-linear and asymmetric. Different shootings spur pathways that in turn, have variant impacts on civilian armament. Through utilization of directed acyclic graph (DAG) software, several causal models featuring pathways and mechanisms are presented. All three pathways feature a latent variable of fear, and are endogenous to a historical period marked by a discourse of fear that became embedded in U.S. political discourse after the 9/11 attacks. Along with an overview of potential confounding factors, analysis of data on background checks from the FBI’s National Instant Criminal Background Check System (1999–2016) lends support to the argument.
      PubDate: 2019-03-19
  • The Prevent paradox: destroying liberalism in order to protect it
    • Abstract: Counter-extremism is the most dynamic part of UK counterterrorism policy. This article examines Prevent, the flagship counter-extremism programme, through a state-theoretical lens. It addresses questions of state institutionality, state power, and state-society relations. It argues that counter-extremism aims to avert the possibility of a political future by repressing the formation of non-liberal political subjectivities. To achieve this, Prevent divides society along political lines; aligns welfare institutions with the security apparatus; mobilises society in a security endeavour; exercises an authoritarian ‘pastoral’ power; replaces trust with generalised suspicion; and construes subjectivities without capacity for historical agency. Therefore, Prevent is a political paradox: an anti-liberal project aiming to secure and perpetuate liberalism.
      PubDate: 2019-03-18
  • Regulating white-collar crime in Ireland: an analysis using the lens of
    • Abstract: A new way of governing corporate wrongdoing has emerged to address Ireland’s changed social, political and economic context. Traditional methods of laying blame, forged in the agrarian Irish State, are no longer capable of dealing with the contemporary challenges of an advanced industrial economy which is more willing to recognise the risks posed by increased corporate activity. The conventional crime monopoly became fragmented as specialist regulatory enforcement agencies were established to enforce the law. Moreover, contemporary enforcement became much more sophisticated, moving away from the “command and control” model to a “responsive” model of enforcement. Also, paradoxically, this model is explicitly cooperative and employs sanctions as a last resort but, also can actually be more instrumental and punitive in addressing corporate wrongdoing. More recently, however, since the financial crisis, the architecture seems to have shifted again. Corporate and financial crimes become politicised and new laws were passed to make it easier to hold wrongdoers to account. In addition to resolving problems in enforcing the law, they also had ostentatiously political purposes. They reflect the political desire to “tool up” executive power and “act out” for public approval, to “govern through” white-collar crime.
      PubDate: 2019-03-08
  • The nature of organized crime leadership: criminal leaders in meeting and
           wiretap networks
    • Abstract: Criminal leaders enhance their social capital by strategically brokering information among associates. To balance security and efficiency, leaders may favor meetings instead of telephones, potentially affecting analyses relying solely on wiretap data. Yet, few studies explored criminal leaders’ use of meetings in the management of criminal groups. We analyze criminal leaders’ participation in meetings and telephone calls in four distinct investigations. For each case, we extracted meetings and wiretap networks, analyzed leaders’ network positioning and identified leadership roles through logistic regressions relying on network centrality. Results show that leaders minimize telephone use (20% missing in wiretap net-works), and act as brokers, particularly in meeting networks (betweenness 18 times higher than non-leaders). Regressions on meeting networks identify leaders more effectively than wiretap networks, with betweenness centrality as the strongest predictor of leadership. Leaders’ centrality in meetings shows their strategic brokering position and the social embeddedness of criminal groups. While meeting participation is a sign of power, it is also a social obligation that leaders can hardly minimize. This makes them more visible, with possible benefits to investigations and intelligence.
      PubDate: 2019-03-05
  • Money laundering in rural areas with illicit crops: empirical evidence for
    • Abstract: This research presents the first evidence on the existence of money laundering in rural areas dedicated to the production of illicit crops. This paper uses, as money laundering (ML) measure, Financial Intelligence Reports (FIR). FIR is a more accurate ML measure than Suspicious Transaction Report (STR) since it implies more rigorous and detail analysis. The present research uses a new panel of municipal data for the period 2000–2013 which has information that measure: ML dynamics, economic activity, violence, conflicts, institutional presence and interdiction. Using a fixed-effects model by municipality and year, this study found a positive relationship between ML, measured as the value of FIR, and illicit crops. The results are maintained throughout specifications and robustness exercises. This paper found that a 1% increase in cultivated area in the municipality implies 3.04% increase in the FIR value. If one representative municipality of the sample is taken, an increase of 1% in cultivated area would be translated into 641 million COP (342.705 USD) in money laundering reported in FIR. Thus, the existence of money laundering in rural areas dedicated to illicit crops is concluded.
      PubDate: 2019-03-01
  • Social cohesion and violence in South Africa: constructing a puzzle with
           missing pieces
    • Authors: Guy Lamb
      Abstract: Using social disorganisation theory as a framework for analysis, this article analyses the relationship between social cohesion and violence in post-apartheid South Africa. On the basis of published research, it considers the association between social cohesion and violence in the context of the family home and community, with a focus on violence against children, violence against women, youth violence, and collective violence. Available evidence is piecemeal in South Africa and elsewhere, but it does suggest that a lack of cohesion within families, particularly in economically depressed communities, is a major determinant of the perpetration of most forms of interpersonal violence. Available studies have also implied that neighbourhood factors related to social cohesion have a significant bearing on the level and intensity of violence in poorer neighbourhoods. Nonetheless, the literature on vigilantism, violent protests and xenophobia in poor communities in South Africa has suggested that such violence may have been facilitated by perverse forms of social cohesion that emerged out of common grievances about community well-being, particularly in relation to inadequate delivery of government services and resources.
      PubDate: 2019-02-25
      DOI: 10.1007/s10611-019-09828-7
  • Protecting commonly targeted groups in the context of ‘new politics’:
           the case of Ireland
    • Authors: Amanda Haynes; Jennifer Schweppe
      Abstract: This article addresses the big ‘P’ politics of hate by examining the circumstances that produced an apparent radical and sudden shift among the parties of government in Ireland from long-standing resistance to the introduction of hate crime legislation to an expansive approach to protecting commonly targeted minorities. By means of a directed qualitative content analysis of parliamentary debate regarding the Criminal Justice (Aggravation by Prejudice) Bill 2016, we argue that four factors aid comprehension of this uncommon pattern - the range of the Irish political spectrum, the current balance of power in parliament, the approach to the protection of difference adopted by established parties and finally, the permeability of the Irish political system and the consequent influence of civil society organisations representing targeted communities on the parliamentary debate. We argue that, rather than underscoring the national influence of global trends and international good practice, recent developments in Ireland demonstrate the importance of attending to the peculiarities of the local context in interpreting the meaning and significance of responses to hate crime.
      PubDate: 2019-02-23
      DOI: 10.1007/s10611-019-09819-8
  • Trafficking of Myanmar women for forced marriage in China
    • Authors: Geping Qiu; Sheldon X. Zhang; Weidi Liu
      Abstract: Trafficking of foreign women into China for forced marriage, once unheard of in China, has ceased to surprise the general public with frequent news stories about women from Vietnam, Myanmar, and North Korea being deceived and sold as brides into the interior of China. Using data extracted from official sources in the Chinese judicial system, we analyzed a total of 73 court cases involving 184 Myanmar women who were trafficked into China, spanning a period of 13 years (2003 through 2016). We found people of diverse backgrounds participated in the trafficking business, most were of low education and unemployed or underemployed. Little formal organizational structures appeared to be needed in these trafficking activities. The vast majority of traffickers were Chinese nationals, who seemed well-connected with the cross-border trade as well as traditional matchmaking business. Most trafficking occurred under the guise of employment opportunities, in which Myanmar women were offered jobs in interior China. The majority of victims appeared to have been recruited from inside Myanmar, and wound up being trafficked to three Chinese provinces (Henan, Anhui, and Shandong). Policy implications as well as Data limitations are also discussed.
      PubDate: 2019-02-18
      DOI: 10.1007/s10611-019-09826-9
  • Cooperation between criminal justice agencies and civil society in
           combating hate crime
    • Authors: Michael Whine
      Abstract: This chapter examines the relationship between criminal justice agencies and civil society in efforts to combat hate crime. It notes the difficulties faced and co-operation required in attempts to recognise the rights of hate crime victims. This involves an analysis of the work being done at a European level to encourage the involvement of civil society experts and how this might lead to better recording of hate crimes. As such this has meant a recognition of the unique knowledge and expertise that civil society organisations possess and how this can be effectively utilised.
      PubDate: 2019-02-14
      DOI: 10.1007/s10611-019-09821-0
  • Mulheres e Crime: Perspetivas Sobre Intervenção, Violência e Reclusão,
           V.N. Famalicão, Húmus
    • Authors: Ana Guerreiro; Vera Duarte
      PubDate: 2019-02-04
      DOI: 10.1007/s10611-019-09824-x
  • Settings matter: Examining Protection’s influence on the illicit drug
           trade in convergence settings in the Paso del Norte metropolitan area
    • Authors: R. V. Gundur
      Abstract: Marcus Felson suggests that analysis of “organized crime” should be undertaken via the study settings, events, and their sequences. This study examines four intertwining settings in the Paso del Norte area: Ciudad Juárez as a plaza, El Paso as a plaza, Prisons, and the streets. It shows just how important settings are for understanding the events that lead to the establishment and maintenance of the protection that allows organized criminal events related to the drug trade to unfold in the region. By examining one region, bifurcated by an international border, this article shows that settings, even those that are in close proximity with one another, can significantly shift the way that protection arrangements are developed, which in turn affect how events unfold. However, criminal actors who move between these settings adapt their strategies to the available protection to maximize opportunity for the illicit enterprises they are involved in.
      PubDate: 2019-02-02
      DOI: 10.1007/s10611-019-09810-3
  • The effectiveness of anti-corruption policies: measuring the impact of
           anti-corruption policies on integrity in the public organizations of South
    • Authors: Kyoung-sun Min
      Abstract: To confront their struggles with corruption, many countries have adopted various anti-corruption policies. Do anti-corruption policies reduce corruption' Experts in this field have developed anti-corruption measures, and yet the current literature stops short of evaluating the effectiveness of anti-corruption tools due to a lack of data. Using the Anti-Corruption Initiative Assessment data and the Integrity Assessment data, this paper empirically tests the effectiveness of anti-corruption policies on the level of integrity amongst 183 public organizations in South Korea from 2013 to 2016. To capture the impacts of anti-corruption policies, this article employs a fixed effects model and time-lagged regression. A case study is presented to illustrate some interesting points that are related to the findings. This paper finds that the implementation of anti-corruption policies has a positive effect on the level of integrity in the public organizations. This result counters the conventional argument that we have failed to reduce corruption. In South Korea at least, the success of anti-corruption policies is not elusive. Corruption can be curbed when anti-corruption policies are vigorously implemented.
      PubDate: 2019-01-31
      DOI: 10.1007/s10611-019-09814-z
  • Unemployment and crime in developing countries: a meta-analysis in Iran
    • Authors: S. Ahmad Mir Mohamad Tabar; Mohsen Noghani
      Abstract: This study investigates the relationship between crime and unemployment based on previous researches in Iran. It summarizes, using meta-analysis techniques, results from 20 studies concerning the unemployment/crime relationship. Coded studies and contextual features in the form of moderators have been used to explain the variation in research findings. The moderator of the different time periods compared the effects of unemployment on crime in periods before and after 2006. Significant links were found between unemployment and crime. Results of categorical moderators indicated that the effect of unemployment on crime after 2006 in Iran was more than that of unemployment on crime before 2006. Examination of the economic policies of the Khatami (1997–2005) and Ahmadinejad governments (2005–2013) explains the results of this study. The economic disorganization in the Ahmadinejad government brought about bankruptcy for production units as well as an increase in unemployment rates.
      PubDate: 2019-01-31
      DOI: 10.1007/s10611-019-09823-y
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Heriot-Watt University
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