Journal Cover Crime, Law and Social Change
  [SJR: 0.366]   [H-I: 27]   [436 followers]  Follow
    
   Hybrid Journal Hybrid journal (It can contain Open Access articles)
   ISSN (Print) 1573-0751 - ISSN (Online) 0925-4994
   Published by Springer-Verlag Homepage  [2355 journals]
  • Public security in private hands: the case of Guatemala’s Carlos
           Vielman
    • Authors: Steven Dudley
      Abstract: Abstract The following case study concerns the period in which Carlos Vielman, a well-heeled Guatemalan businessman from a prominent family, became the interior minister of the Óscar Berger administration. While minister, Vielman oversaw the creation of several special units that “acted as an organized crime group,” according to Guatemalan and international investigators. He, along with several of his police deputies were eventually charged for murder. He was later exonerated by a court in Spain, while others were prosecuted. This case study delves into that period, exploring how Vielman’s ministry represented an extension of the Guatemalan elite’s approach towards security and the government writ large to thwart rivals, regardless of the violent and criminal consequences.
      PubDate: 2018-01-12
      DOI: 10.1007/s10611-017-9762-7
       
  • Self-regulatory investments among private actors in the era of regulatory
           capitalism: the licensing of Swedish finance and securities industry
           employees
    • Authors: Oskar Engdahl
      Abstract: 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: 2018-01-06
      DOI: 10.1007/s10611-017-9766-3
       
  • Maximizing stakeholder trust as a tool for controlling corruption
    • Authors: Philip M. Nichols; Patricia E. Dowden
      Abstract: Abstract Corruption, particularly bribery of government officials, inflicts substantial damage on people, society, and the world, and warrants control. Collective efforts to control corruption tend to focus on rules and compliance with those rules. This paper suggests that collective action also consider the creation of strong ethical cultures in business firms. Implementation of such programs is impeded by the difficulty in prescribing a course of action and by the difficulty in measuring the strength of an ethical culture. This paper suggests the measurement and maximization of stakeholder trust as a proxy for measures of ethical culture. The qualities that engender stakeholder trust correspond with ethical behaviors. Stakeholder trust confers benefits on business firms, which will incentivize and justify its measurement. Implementation of a program focused on ethical culture would benefit from collective action both by normalizing behaviors and in the development of sophisticated measurement tools.
      PubDate: 2018-01-04
      DOI: 10.1007/s10611-017-9767-2
       
  • Governing illicit finance in transnational security spaces: the FATF and
           anti-money laundering
    • Authors: Anja P. Jakobi
      Abstract: Abstract This article analyzes the global anti-money laundering (AML) regime from the perspective of security governance, examining the creation of a transnational security space by the FATF. Security is often mentioned as relevant context for AML measures, and the Financial Action Taskforce (FATF) as its central institution. Yet, most analyses – implicitly or explicitly – present the FATF as an important banking regulator. Arguing that this perspective on the FATF is too limited, the article outlines the changing security context in which AML emerged as an important tool for governance. Unlike traditional ideas of international security, the idea of security governance emphasizes new forms of cooperation to ensure safety and security across multiple levels. Based on International Relations (IR) and criminological research, the article develops a framework with five dimensions of security governance: a comprehensive security concept, multi-purpose rationalization, public-private cooperation, multi-nodal governance, and transnational security spaces as a result. Unlike other efforts of global crime governance, the global AML regime provides a prime example of security governance in all of these dimensions. At the same time, the link to security also explains why the global AML regime expanded in some areas more than in others: AML is still a weak governance instrument for regulating financial crimes such as tax evasion or corruption, but it is a strong one for security-related crimes. While the FATF remains a special case in global governance, the creation of transnational security spaces in AML – caused by FATF activities – is likely to be a model for future security governance in other fields.
      PubDate: 2018-01-02
      DOI: 10.1007/s10611-017-9750-y
       
  • Client privilege, compliance and the rule of law: Swedish lawyers and
           money laundering prevention
    • Authors: Karin Svedberg Helgesson; Ulrika Mörth
      Abstract: Abstract Can, and will, lawyers police their clients' This article aims to shed light on the private front-line workers of the Financial Action Task Force on money laundering (FATF). The analysis is based on a study of how Swedish lawyers perceive and handle obligations to police clients within FATF style risk-based anti-money laundering/counter terrorism (AML/CTF) regulation. We find that the lawyers were reluctant to taking on the responsibility for AML/CTF, and that their front-line work was directed towards being compliant enough. Relatedly, we identify several practices of separation that serve to mediate between the conflicting aims and interests in the everyday of this form of private policing. Another finding is that the lawyers by and large position themselves as knowledgeable actors, and view risks of AML/CTF as knowable. Nevertheless, lawyers experienced a principle clash between being ‘not banks’, and being front-line workers for FATF. In particular, the lawyers perceived their role as front-line workers to be more complex due to their professional norms and ethics on client privilege, and what they saw as the proper role of lawyers, being in conflict with the obligation to report clients and their transactions. In concluding, we suggest that paying more attention to the everyday experience of front-line workers when devising regulatory tools may be a way to promote engagement in ‘true’ crime prevention on their part.
      PubDate: 2018-01-02
      DOI: 10.1007/s10611-017-9753-8
       
  • Re-thinking FATF: an experimentalist interpretation of the Financial
           Action Task Force
    • Authors: Mark T. Nance
      Abstract: Abstract Most explanations of the Financial Action Task Force argue that material coercion plays a key role in the consolidation and diffusion of the global anti-money laundering regime. This paper looks carefully at the decision-making within FATF and argues that, at its most impactful, FATF operates in line with the principles of “experimentalist governance.” Experimentalism emphasizes broad, participatory standard setting, contextualized implementation, intensive but diagnostic monitoring, and routinized updating in light of experience. The paper discusses the differences between the more common understandings of FATF before laying out the principles of experimentalist governance. It outlines the experimentalist form of FATF decision-making. It then provides evidence of experimentalist decision-making in three important aspects of FATF: the evolution of blacklisting; the role of monitoring; and the continuing implementation of the risk-based approach.
      PubDate: 2017-12-18
      DOI: 10.1007/s10611-017-9748-5
       
  • Social capital and online hate production: A four country survey
    • Authors: Markus Kaakinen; Pekka Räsänen; Matti Näsi; Jaana Minkkinen; Teo Keipi; Atte Oksanen
      Abstract: Abstract Hateful, threatening or degrading content has become a common part of today’s online interactions. However, little is known about the people who produce such content. This study analyzes online hate content production and its associations with cognitive indicators of social capital in both offline and online social networks. The data are derived from American, Finnish, German and British Internet users aged 15–30 (N = 3,565). Measures included questions concerning online hate, social capital and contextual control variables. The results indicate that hate content production is rare overall, despite its high visibility, and is related to social capital in two key ways. First, respondents with high social capital in offline social networks were less likely to produce hate content, and second, high social capital in online networks was associated with a higher probability of production.
      PubDate: 2017-12-17
      DOI: 10.1007/s10611-017-9764-5
       
  • Protecting charities from terrorists … and counterterrorists: FATF and
           the global effort to prevent terrorist financing through the non-profit
           sector
    • Authors: Peter Romaniuk; Tom Keatinge
      Abstract: Abstract What role has FATF played in the global effort to counter terrorist financing through the non-profit sector' How have advocates for the sector responded and what do these developments tell us about FATF’s operations and influence' This article reflects on the emergence and evolution of FATF Recommendation 8, initially introduced as Special Recommendation VIII after the terrorist attacks in the United States on 11 September 2001. We show how the breadth of that recommendation elicited a response in the form of a "transnational advocacy network" among those within the non-profit sector. The resulting process of dialogue and the recent change in the text of the recommendation provide important lessons for scholars and practitioners concerned about FATF's accountability and authority.
      PubDate: 2017-12-15
      DOI: 10.1007/s10611-017-9755-6
       
  • The role of oversight in foreign-national only prisons: counteracting the
           disapplication of rehabilitation
    • Authors: Róisín Mulgrew
      Abstract: 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: 2017-12-14
      DOI: 10.1007/s10611-017-9720-4
       
  • From global problems to international norms: what does the social
           construction of a global corruption problem tell us about the emergence of
           an international anti-corruption norm
    • Authors: Elitza Katzarova
      Abstract: Abstract This article examines the ontological contestation that is inherent to the emergence of an international anti-corruption norm. First, the article briefly analyses the compatibility of an agenda on the social construction of problems from sociology and the well-established study of norms in constructivist IR. It argues that an analytical shift from the study of norms to the social construction of problems can shed light on the power relations that underlie international norms, and corruption in particular. The article traces the emergence of a global corruption problem up to the early 2000s when scholars have traditionally placed the establishment of an international anti-corruption norm. It first shows the contestation of corruption as a global issue on the level of problem definition, and then, it shows the role of venue shopping and venue shifting in the diffusion of anti-corruption talks and the norm cascade of the 1990s. The article concludes with an analysis of how the social construction of problems challenges the conventional approach of the emergence of an international anti-corruption norm.
      PubDate: 2017-12-14
      DOI: 10.1007/s10611-017-9733-z
       
  • Journey to Italy: The European and UN monitoring of Italian penal and
           prison policies
    • Authors: Giuseppe Caputo; Sofia Ciuffoletti
      PubDate: 2017-12-14
      DOI: 10.1007/s10611-017-9717-z
       
  • A Hard-to- Escape Situation Informal Pacts, Kingpin Strategies, and
           Collective Violence in Mexico
    • Authors: Fernando A. Chinchilla
      Abstract: Abstract Mexico has for an extended period been experiencing homicide rates above, or close to, epidemic levels. Instead of examining why formal institutional reform geared at strengthening democracy has not helped to foment peace and security, as most of the research on collective violence in Latin America and the Caribbean does, this paper focuses on the gap between formal and informal institutions, and continuities rather than points of rupture. I argue that in Mexico, there is a gap between formal institutions (which define how the country should be) and informal institutions (which constrain actual strategic choices). I apply a path-dependence approach to examine what factors have been reproducing collective violence over time, finding that the prevalence of protection rackets (operated by non-state actors at the subnational level) and the use of kingpin strategies (both by state and non-state actors) explain collective violence in the past but also in the present. In the past decades, informal pacts and kingpin strategies have changed in Mexico, but they have survived and adapted to the new formally democratic institutional setting. For the period 1989-2017, I identify three critical junctures that changed the rules of the game, four mechanisms of inertia, and two factors of lock-in that make it difficult to reduce collective violence.
      PubDate: 2017-12-14
      DOI: 10.1007/s10611-017-9763-6
       
  • What’s wrong with corruption' Messages from confessions in China
    • Authors: Juan Wang
      Abstract: Abstract Primarily based on contextualized discourse analysis of confessions from 119 convicted party cadres on corruption charges in China, this article makes two arguments. First, these confession texts are propaganda that signals the government’s strength to punish outliers. Second, using such warning to deter corruption is subject to escalating scale of corruption given social pressure for success and peer learning among grafters. This article contributes to the scholarship of corruption by suggesting possible mechanisms of endogenous reproduction of corruption within the officialdom. It also presents confession as a new type of information communication among political elites for studies of authoritarian regimes.
      PubDate: 2017-12-13
      DOI: 10.1007/s10611-017-9746-7
       
  • Can the AML system be evaluated without better data'
    • Authors: Michael Levi; Peter Reuter; Terence Halliday
      Abstract: Abstract The Anti-Money Laundering regime has been important in harmonizing laws and institutions, and has received global political support. Yet there has been minimal effort at evaluation of how well any AML intervention does in achieving its goals. There are no credible estimates either of the total amount laundered (globally or nationally) nor of most of the specific serious harms that AML aims to avert. Consequently, reduction of these is not a plausible outcome measure. There have been few efforts by country evaluators in the FATF Mutual Evaluation Reports (MERs) to acquire qualitative data or seriously analyze either quantitative or qualitative data. We find that data are relatively unimportant in policy development and implementation. Moreover, the long gaps of about 8 years between evaluations mean that widely used ‘country risk’ models for AML are forced still to rely largely on the 3rd Round evaluations whose use of data was minimal and inconsistent. While the 4th round MERs (2014–2022) have made an effort to be more systematic in the collection and analysis of data, FATF has still not established procedures that provide sufficiently informative evaluations. Our analysis of five recent National Risk Assessments (a major component of the new evaluations) in major countries shows little use of data, though the UK is notably better than the others. In the absence of more consistent and systematic data analysis, claims that countries have less or more effective systems will be open to allegations of ad hoc, impressionistic or politicized judgments. This reduces their perceived legitimacy, though this does not mean that the AML efforts and the evaluation processes themselves have no effects.
      PubDate: 2017-12-12
      DOI: 10.1007/s10611-017-9757-4
       
  • The regime that FATF built: an introduction to the Financial Action Task
           Force
    • Authors: Mark T. Nance
      Abstract: Abstract This article serves to introduce this special issue of Crime, Law, & Social Change on the Financial Action Task Force (FATF). It provides a primer on the history and purpose of FATF and lays out some of the central debates over FATF and the anti-money laundering (AML) regime. Finally, as a way of giving readers an overview of the articles in the special issue, it proposes a series of themes that academics and practitioners should consider in future research and work with FATF.
      PubDate: 2017-12-11
      DOI: 10.1007/s10611-017-9747-6
       
  • Making peace in seas of crime: crimilegal order and armed conflict
           termination in Colombia
    • Authors: Markus Schultze-Kraft
      Abstract: Abstract The relationship between organized crime and political order in the contemporary developing world and in transition countries is still little understood. Building on the seminal accounts of political order by Weber, Fukuyama and North, Wallis and Weingast, this article introduces the concept of crimilegality. Crimilegal orders are neither ‘modern’ nor ‘non-modern’ but combine and integrate elements of both types of order. They are characterized by the blurring of the social boundaries between legality and illegality and/or criminality. What is formally illegal and/or criminal may be deemed legitimate, while what is formally legal may be considered to be illegitimate. The resulting crimilegal governance arrangements, which involve coordination between a range of state and non-state actors, serve (illicit) economic interests but are also reflective of broader particularistic concerns about guaranteeing political stability and the de facto exercise of political authority, as well as the physical security of those in power and, somewhat paradoxically, their judicial impunity. In such orders the state’s monopoly on the use of force tends to be replaced by oligopolies of coercion and high levels of violence are not uncommon, though they are also not standard. Using the current Colombian peace process as an example, this article argues that due to eminently political reasons violently contending state and non-state actors, both with notorious criminal pedigrees, can reach agreement on ending armed conflict and decide to cooperate to recover the primacy of legality. However, whether this type of bargaining game can ultimately lead to the positive ‘legalization’ of a crimilegal order, such as the one in Colombia, remains an open question.
      PubDate: 2017-12-09
      DOI: 10.1007/s10611-017-9759-2
       
  • New perspectives on crime, violence and insecurity in Latin America
    • Authors: Markus Schultze-Kraft; Fernando A. Chinchilla; Marcelo Moriconi
      Abstract: Abstract This article introduces a Crime, Law & Social Change special issue on rethinking organised crime, collective violence and insecurity in contemporary Latin America. The five contributions, which among them cover the cases of Argentina, Brazil, Colombia, Guatemala and Mexico, address the puzzle of why and how in the midst of the world’s most serious crime and violence crisis ‘stability’ and ‘political order’ are nonetheless maintained. Taking a critical distance to conventional scholarship on these problems, the present collection of papers shifts the focus from one on how democratic regimes and formal institutions of the state are affected to a broader one that puts the spotlight on the ‘real politics’ and ‘real governance’ of crime and violence in the region. Cultural aspects of the ‘collapse of legality’, the holding power of informal institutions and the workings of ‘crimilegal orders’ and ‘criminalized electoral politics’ are explored through variegated conceptual and methodological approaches drawn from political science, criminology, sociology, social psychology, cultural studies and investigative journalism.
      PubDate: 2017-12-08
      DOI: 10.1007/s10611-017-9758-3
       
  • Global financial governance and the informal: limits to the regulation of
           money
    • Authors: William Vlcek
      Abstract: Abstract The list of predicate crimes for the Recommendations of the Financial Action Task Force (FATF) has evolved and grown over its twenty-five year existence. The evolution of this list reflects shifting concerns among the central actors in the organisation, as well as representing a response to any ‘displacement’ activity undertaken by those seeking to avoid these forms of governance. When the scope for cooperation and compliance with the FATF Forty Recommendations was extended beyond the organisation’s membership this governance regime encountered business sectors and financial practices not readily amenable to its objectives. This paper considers the causes and consequences for the situation, as developing economy states attempt to comply with the global governance expectations of the FATF when a significant portion of the domestic economy operates ‘informally’. A frame of reference is provided, with a definition for the informal economy and the concept of displacement as used in research on criminal activity. The focus here is with the nature of the cash economy operating beyond the scope of financial surveillance with implications for the comprehensive effectiveness of the global financial governance regime. The context of informal financial practice and its separation from the regulatory structures of the state leads to a conclusion that global financial governance is limited in practice to the domain of the formal economy.
      PubDate: 2017-12-08
      DOI: 10.1007/s10611-017-9754-7
       
  • Human trafficking for criminal exploitation and participation in armed
           conflicts: the Colombian case
    • Authors: Carolina Villacampa; Katherine Flórez
      Abstract: Abstract This paper shows how human trafficking for criminal exploitation can occur in environments of armed conflict in which adults and even children are recruited to fight. It proposes that these people’s status as victims should be taken into account when determining the degree of their criminal responsibility within the framework of a transitional justice process such as the one applied in Colombia under the 2005 Justice and Peace Act (Ley de Justicia y Paz). In order to prove that some victims of human trafficking exploited in the Colombian armed conflict have not been duly identified as such, it presents the main results of a qualitative study carried out with 20 women inmates in Colombian prisons who were members of guerrilla groups and were demobilised under the terms of the Justice and Peace Act. The study shows how the life stories narrated by 16 of these women make it possible to identify them as victims of trafficking for criminal exploitation even though they have not been classified as such. In 80% of the analysed cases, the women suffered episodes of victimisation that led them to join and remain in the armed group, often against their will. These episodes involved the use of means to recruit them and to force them to stay active in the group that show they underwent a genuine process of human trafficking.
      PubDate: 2017-12-08
      DOI: 10.1007/s10611-017-9765-4
       
  • Reframing illegalities: crime, cultural values and ideas of success (in
           Argentina)
    • Authors: Marcelo Moriconi
      Abstract: Abstract The expansion and entrenchment of insecurity, organized crime and violence in Latin America has involved the participation of public officials. Without this participation, it would be impossible to create the necessary niches of impunity to enable the growth of organized crime and violence. Using a hermeneutic-interpretative approach, this essay shows how the norm of legality has lost its moral persuasive power as a categorical imperative while certain illegalities have acquired social and political legitimacy. The purpose of this article is to reflect on the under-examined impact of cultural values on criminality. It also describes how the dominant narratives surrounding illegality and policies designed to reduce criminality are limited by a lack of consideration of the way that broader cultural values are permissive of corrupt and illegal behaviour. This article considers current social norms, interests, values, ideas of success, and the lack of legitimate pathways to achieve prosperity and social recognition to provide a fresh perspective on the discourse surrounding illegality. For the purpose of illustration this essay uses examples, evidence, interviews and discourses drawn from the context of Argentina. Far from being an anomaly, illegality is a fundamental part of both social inter-relations and has become institutionalised as a part of the behaviour of state entities. Illegality has become not only the norm but is seen as an effective and legitimate means to gain social success and prestige.
      PubDate: 2017-12-08
      DOI: 10.1007/s10611-017-9760-9
       
 
 
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