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Crime, Law and Social Change
Journal Prestige (SJR): 0.357
Citation Impact (citeScore): 1
Number of Followers: 465  
 
  Hybrid Journal Hybrid journal (It can contain Open Access articles)
ISSN (Print) 1573-0751 - ISSN (Online) 0925-4994
Published by Springer-Verlag Homepage  [2348 journals]
  • European and United Nations monitoring of penal and prison policies as a
           source of an inverted panopticon'
    • Authors: Gaëtan Cliquennois; Sonja Snacken
      Pages: 1 - 18
      PubDate: 2018-08-01
      DOI: 10.1007/s10611-017-9716-0
      Issue No: Vol. 70, No. 1 (2018)
       
  • Journey to Italy: The European and UN monitoring of Italian penal and
           prison policies
    • Authors: Giuseppe Caputo; Sofia Ciuffoletti
      Pages: 19 - 35
      PubDate: 2018-08-01
      DOI: 10.1007/s10611-017-9717-z
      Issue No: Vol. 70, No. 1 (2018)
       
  • Carceral moderation and the Janus face of international pressure: A long
           view of Greece’s engagement with the European Convention of Human Rights
           
    • Authors: Sappho Xenakis; Leonidas K. Cheliotis
      Pages: 37 - 56
      PubDate: 2018-08-01
      DOI: 10.1007/s10611-017-9718-y
      Issue No: Vol. 70, No. 1 (2018)
       
  • Monitoring prisons in England and Wales: who ensures the fair treatment of
           prisoners'
    • Authors: Nicola Padfield
      Pages: 57 - 76
      PubDate: 2018-08-01
      DOI: 10.1007/s10611-017-9719-x
      Issue No: Vol. 70, No. 1 (2018)
       
  • The role of oversight in foreign-national only prisons: counteracting the
           disapplication of rehabilitation
    • Authors: Róisín Mulgrew
      Pages: 77 - 92
      Abstract: In several European countries, prisons have been created solely to house foreign national prisoners without leave to remain. Contrary to contemporary international human rights law and standards on prison management, there seems to be a trend towards the disapplication of rehabilitative theory and practice for this group of prisoners. In particular, they do not seem to receive the same preparation for release and reintegrative support as other prisoners. This paper explores the role international standards and oversight bodies have in upholding rehabilitation as the foundational objective for prison management in foreign national only prisons. It outlines the changes to the prison estate, policy and regime that have resulted from the increasing focus on removal within both the prison and penal process. The consequences of the disapplication of rehabilitation for prisons, prison officers, prisoners and society itself are analysed before the paper moves to examine the role oversight bodies could and should play in the protection of the rights of this vulnerable category of prisoner and the primacy that should be accorded to rehabilitative theory and practice. It concludes by asking whether such standards and oversight have inverted the panopticon by placing the trigger for international reactions in the hands of prisoners and NGOs.
      PubDate: 2018-08-01
      DOI: 10.1007/s10611-017-9720-4
      Issue No: Vol. 70, No. 1 (2018)
       
  • The monitoring of prisons in German law and practice
    • Authors: Frieder Dünkel; Christine Morgenstern
      Pages: 93 - 112
      PubDate: 2018-08-01
      DOI: 10.1007/s10611-017-9721-3
      Issue No: Vol. 70, No. 1 (2018)
       
  • European monitoring of Belgian and French penal and prison policies
    • Authors: Gaëtan Cliquennois; Martine Herzog-Evans
      Pages: 113 - 134
      Abstract: Case studies of prison policy in France and Belgium contrast sharply. Following the judgments of the European Court of Human Rights (‘ECHR‘) against France for the lack of healthcare for prisoners, the lack of suicide-prevention measures and generally poor conditions of detention, and the integration of ECHR case-law into French law by the ‘Council of State‘ (France’s highest administrative court), France has developed a policy for suicide prevention in custody, partially renovated its prisons and implemented major reform of its medical and psychiatric care of prisoners. The ECHR’s judgments were influenced by complaints made by very active French human-rights pressure groups to the ECHR. The French situation is therefore characterised by interactions between the European and national regulatory bodies, in contrast to the situation in Belgium, where the Conseil d’état has exerted only limited control over Belgian prisons, as it has, to date, not incorpated ECHR case-law into Belgian law [1]. In addition, the absence of effective domestic regulation of prisons in Belgium can be explained by the Belgian government’s failure to ratify the United Nations’ Optional Protocol to the Convention against Torture (‘OPCAT‘) and to establish an independent body to prevent torture. This means that the only effective regulation of Belgian prisons is by the United Nations and the Council of Europe, in particular the ECHR, the Committee of Ministers and the Committee for the Prevention of Torture (‘CPT‘), which have extended the scope of their supervision to cover suicide prevention, physical and mental healthcare, overcrowding and domestic legal remedies for prisoners. In response, Belgium has only occasionally complied with ECHR case-law, especially in the field of domestic legal remedies available to prisoners.
      PubDate: 2018-08-01
      DOI: 10.1007/s10611-017-9722-2
      Issue No: Vol. 70, No. 1 (2018)
       
  • National and regional instruments in securing the rule of law and human
           rights in the Nordic prisons
    • Authors: Tapio Lappi-Seppälä; Lauri Koskenniemi
      Pages: 135 - 159
      PubDate: 2018-08-01
      DOI: 10.1007/s10611-017-9723-1
      Issue No: Vol. 70, No. 1 (2018)
       
  • Penal monitoring in the United States: lessons from the American
           experience and prospects for change
    • Authors: Jonathan Simon
      Pages: 161 - 173
      Abstract: While independent penal monitoring has a history as old as the prison itself, the United States has historically lacked a robust system of monitoring at the federal, state and local level. Studies of the protection of human rights in prisons, and growing experience with robust monitoring systems, like those promoted by the United Nations through the Optional Protocol to the Convention Against Torture (OPCAT) and the Council of Europe highlight the peril for the United States which is not a signatory to OPCAT and has largely failed to create adequate independent systems of monitoring. When practiced routinely monitoring creates conditions that make extreme turns in penal policy less likely and protect human rights in prisons when populist pressures do build. That peril has come to pass as mass incarceration policies have made overcrowding ubiquitous and undiscovered violations of human rights on a mass scale almost inevitable. Instead of routine independent monitoring, the US has relied almost exclusively on judicial decrees, some of which involve independent monitoring. Unfortunately, while courts have great power to order reforms, and have under some conditions produced systemic prison reforms, the adversarial nature of American legalism makes standards based on litigation subject to enforcement resistance by correctional systems. Even this path, however, has been largely foreclosed by the Prison Litigation Reform Act of 1996 (PLRA) which largely cut off prisoner access to the federal courts just as prisons were entering the most perilous phase of overcrowding. Yet it is possible that today the growing human rights crisis in prison and the loss of confidence in correctional leadership to fix those problems is opening up space to place independent penal monitoring at the center of human rights protection in prisons. As the US carceral state enters profound crisis of legitimacy monitoring, in prisons and in analog form across the carceral state institutions, can play a crucial role in making correctional governance both more legitimate and more effective at promoting the human rights of prisoners.
      PubDate: 2018-08-01
      DOI: 10.1007/s10611-017-9724-0
      Issue No: Vol. 70, No. 1 (2018)
       
  • Self-regulatory investments among private actors in the era of regulatory
           capitalism: the licensing of Swedish finance and securities industry
           employees
    • Authors: Oskar Engdahl
      Pages: 577 - 594
      Abstract: This article analyses the growth of the Swedish finance and securities industry’s employee licensing programme to advance our understanding of the growth, conditions, and function of various forms of self-regulation in the era of regulatory capitalism. It examines how the situations that are significant for private actors’ initiation and implementation of self-regulation are connected with the development of a particular form of self-regulation. The article argues that the licensing programme in question is an example of self-regulation characterized by impersonal trust, identity assurance, and integrity. This type of self-regulation is related to the conditions that characterized the finance and securities industry before and at the time of the initiative and its implementation, in particular, economic confidence, normalization and expansion, and increasing complexity and heterogeneity. The article is based mainly on document analysis and market statistics supplemented with interviews.
      PubDate: 2018-07-01
      DOI: 10.1007/s10611-017-9766-3
      Issue No: Vol. 69, No. 5 (2018)
       
  • Using script analysis to understand the financial crimes involved in
           wildlife trafficking
    • Authors: Julie Viollaz; Jessica Graham; Leonid Lantsman
      Pages: 595 - 614
      Abstract: Wildlife trafficking has evolved in the last few decades from a critical conservation concern to a global security threat. What was once thought to be small-scale opportunistic behavior has now become a large organized trade partly run by criminal networks. Most research on wildlife trafficking has focused on the drivers of the trade and its modus operandi for catching, moving, and selling wildlife. There has been little research on the financial aspects of wildlife trafficking, despite how useful financial laws could be to prosecute traffickers in countries where environmental laws are weak. This research uses the crime script model and Gottschalk’s (Journal of Financial Crime, 17(4), 441–458, 2010) financial crime classification to study the financial crimes committed by wildlife traffickers during the trafficking process. Results show that financial crimes, including corruption, fraud, and money laundering, are part of every stage of the trafficking process for every actor involved. This research locates “pinch points” where it is most effective to intervene to dismantle the financial networks involved in wildlife trafficking and suggests interventions based on situational crime prevention principles.
      PubDate: 2018-07-01
      DOI: 10.1007/s10611-017-9725-z
      Issue No: Vol. 69, No. 5 (2018)
       
  • The dynamic of general compliance with the OECD anti-bribery convention:
           two interpretative approaches
    • Authors: Lianlian Liu
      Pages: 615 - 656
      Abstract: The way in which people understand the dynamic of signatories’ enforcement of the OECD Anti-Bribery Convention determines the way in which they formulate policy recommendations, and a comprehensive understanding of the dynamic of signatories’ Convention enforcement demands the coordination of two different analytic approaches—the rational-choice approach and the institutional approach. The popular rational-choice approach in current literature highlights the “under-enforcement” problem of the Convention, assumes the decisive influence of signatories’ self-seeking nature on Convention enforcement, and seeks to identify the structural failure of the anti-bribery collaboration which generates unsatisfactory cost-benefit calculations and encourages signatories to shirk. While a branch of the rational-choice account converges on the failure of the existing monitoring system in deterring free riders by borrowing wisdom from cooperation theories, it fails to illustrate that the anti-bribery collaboration by its very nature is incompatible with a centralized monitoring approach—a conventional effective solution to cooperation dilemmas. To fill this gap, Part I & II of this study lays bare the incompatibility of a centralized monitoring approach with the anti-bribery collaboration based on the findings of current rational-choice account and frames a decentralized monitoring system as an alternative. On the other hand, Part III of this study argues that another face of the dynamic of Convention enforcement—the developmental reality in leading jurisdictions, is also noteworthy. An institutional approach which highlights the relevance of favorable domestic institutional contexts to robust Convention enforcement is proposed as a counterpart to the rational-choice approach. By analyzing the case of the SEC’s increasingly zealous enforcement of the FCPA in the US during the period from the 1980s to the 2000s, this study concludes that local agencies’ adherence to other official duties in an ever-evolving institutional context may result in an effect of “unconscious enforcement” of anti-bribery laws.
      PubDate: 2018-07-01
      DOI: 10.1007/s10611-018-9768-9
      Issue No: Vol. 69, No. 5 (2018)
       
  • Police misconduct in Taiwan: comparing perceptions of the police and
           electronic gaming service workers
    • Authors: Shih-Ya Kuo
      Pages: 657 - 679
      Abstract: This study investigated the perceptions of police misconduct through a survey of police officers and electronic gaming service workers in Taiwan. A total of 297 police officers and 268 gaming workers in Taiwan participated in the survey-based study in which subjects were asked to state their views on the prevalence and likelihood of reporting of nine hypothetical police misconduct cases. The results were consistent with prior research indicating that both police and gaming workers rated some of the nine scenarios as more serious than others. Compared to gaming workers, police officers were more likely to rate the vignettes as examples of serious police misconduct, and to opine that violators should (and most likely would) be disciplined by their respective agencies. Overall, however, the police were less likely than gaming workers to report such police misconduct to higher authorities. Another consistent finding was that as the rank of the police officers increased, the likelihood of their ratings on police misconduct as a common practice decreased. The opposite was the case for gaming folks; the owners and managers of electronic-gaming stores believed such police misconduct was a common practice, while their respective clerks tended to view such misconduct as uncommon. Among the police, supervisors and anti-corruption officers were not likely to report such police misconduct, particularly those viewed as “petty” misconduct, inconsistent with the hypothesis. Also, no relationship was found between vignette seriousness and the prevalence among either police or gaming-worker respondents. Plausible explanations for inconsistent results were suggested.
      PubDate: 2018-07-01
      DOI: 10.1007/s10611-018-9770-2
      Issue No: Vol. 69, No. 5 (2018)
       
  • From bikers to savvy criminals. Outlaw motorcycle gangs in Australia:
           implications for legislators and law enforcement
    • Authors: Stephen Monterosso
      Pages: 681 - 701
      Abstract: This article will examine outlaw motorcycle gang criminality in Australia and the difficulties faced by legislators and law enforcement agencies in responding to this concern. Adding further complication to the issue for the state is addressing the trepidation and disdain toward outlaw motorcycle gang behaviour that is commonplace in contemporary society. Beyond traditional criminal gang enterprise such as episodic inter-gang or more widespread violence and drug manufacture or distribution, a shift in sophistication by outlaw motorcycle gangs toward more diversified criminal enterprise has emerged. These ventures include money laundering and tactical collaboration with other crime groups and engagement with external expertise for example. Further, an expansion of legitimate business activity by outlaw motorcycle gangs which often enables other crime operations creates a more difficult landscape for legislators and law enforcement agencies to address outlaw motorcycle gang criminality. This has resulted in the emergence of populace anti-gang or anti-association type legal scaffolding to address these agents in the Australian criminal justice setting. However, the success or otherwise of these controversial legislative developments remains unclear as does the impact of law enforcement on domestic outlaw motorcycle gang criminality.
      PubDate: 2018-07-01
      DOI: 10.1007/s10611-018-9771-1
      Issue No: Vol. 69, No. 5 (2018)
       
  • Sanctioning of environmental crime in the European Union: The case of
           Flanders, Belgium
    • Authors: Carole M. Billiet; Dietrich Earnhart; Sandra Rousseau
      Pages: 703 - 723
      Abstract: The development of the criminal sanctioning track in the EU is a prominent policy issue. Studies of the actual use of criminal sanctions in the member states are very important since the gap between the law and practice can be very wide. Policy makers and law enforcers are confronted with a lack of empirical data on the actual use of criminal law to sanction environmental offenses. In this paper, we use information stored in the Environmental LawForce database, which is a database of environmental sanctioning by criminal courts in Flanders, Belgium. The study distinguishes three types of offenders: companies, individuals prosecuted for acts committed as part of their professional activities, and individuals prosecuted for acts committed as part of their private lives. Based on previous theoretical insights, we investigate when we expect the environmental sanctions to be similar or different across the three groups of offenders. In particular, we assess the differences and similarities across the sanctioning of environmental offenses committed by companies, professional individuals and private individuals in Flanders.
      PubDate: 2018-07-01
      DOI: 10.1007/s10611-018-9772-0
      Issue No: Vol. 69, No. 5 (2018)
       
  • Penalization and multidimensional poverty: improving our understanding of
           poverty amongst offenders in Ciudad Juarez, Mexico
    • 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: 2018-08-13
       
  • Legitimized fraud and the state-corporate criminology of food – a
           Spectrum-based theory
    • Authors: Kenneth Sebastian Leon; Ivy Ken
      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: 2018-08-08
      DOI: 10.1007/s10611-018-9787-6
       
  • 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
      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: 2018-07-22
      DOI: 10.1007/s10611-018-9786-7
       
  • The prominence of fraud in New South Wales metropolitan media reporting
    • Authors: Douglas M. C. Allan; Andrew Kelly; Antony Stephenson
      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: 2018-06-25
      DOI: 10.1007/s10611-018-9784-9
       
  • House arrest with electronic monitoring: the Rio de Janeiro experience
    • Authors: Juliana Moreira Mendonça; Carlo Morselli; Luciana Pignataro
      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: 2018-06-15
      DOI: 10.1007/s10611-018-9778-7
       
 
 
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