Journal Cover Crime, Law and Social Change
  [SJR: 0.366]   [H-I: 27]   [457 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  [2350 journals]
  • Urban space and the social control of incivilities: perceptions of space
           influencing the regulation of anti-social behaviour
    • Authors: Nina Peršak; Anna Di Ronco
      Pages: 329 - 347
      Abstract: Contemporary cities are increasingly governed through space. In this article, we examine how urban space and perceptions thereof can influence the social control in the area of incivilities. To this end, we first inspect the existing literature, in particular the socio-spatial studies that emphasise the importance of culture and values in the interaction with social control. Partly drawing on examples from our previous studies, we suggest that people’s perceptions of urban space (influenced by cultural symbols, social and media representations, aesthetics and other values) affect their perceptions of incivilities, while the latter often determine or at least importantly contribute to the shaping of the social control of incivilities. We further highlight the role of gentrification as a medium and a tool of social control. The paper concludes by discussing implications of this for the possible future, more integrated and interdisciplinary research on the social control of incivilities in the city.
      PubDate: 2018-04-01
      DOI: 10.1007/s10611-017-9739-6
      Issue No: Vol. 69, No. 3 (2018)
       
  • Fighting corruption in a time of crisis: Lessons from a radical regulatory
           shift experience
    • Authors: Maxime Reeves-Latour; Carlo Morselli
      Pages: 349 - 370
      Abstract: This study investigates the establishment of new anticorruption structures arising from a radical regulatory shift experience. Rooted in a recent state-corporate crime scandal overlapping Quebec’s construction industry and political domain, we examine the organizational adaptation of regulatory entities across three major shifts: increased police resources; enhanced regulatory collaborations; and an overreliance on penal channels to prosecute wrongdoers. Based on interviews conducted with several police officials and regulatory agencies (inspectors, managers, and directors), this article presents the enforcement challenges experienced by anticorruption forces during this transition. Specific themes concern intra- and inter-agency struggles, media scrutiny, and prosecution. The study illustrates how heightened prosecution may come as a necessary step for many regulatory actors, albeit constituting a highly perilous road over the long-term. Such work remains critical in assessing contemporary anticorruption and regulatory progresses.
      PubDate: 2018-04-01
      DOI: 10.1007/s10611-017-9741-z
      Issue No: Vol. 69, No. 3 (2018)
       
  • Living on the edge: Juvenile justice work as a form of edgework
    • Authors: Brian Stout; Ann Dadich; Hassan Hosseinzadeh; James Herbert
      Pages: 371 - 384
      Abstract: This article considers how the concept of edgework can help to understand the work of staff members within juvenile justice centres – individuals who voluntarily engage in risk and negotiate boundaries to: respond to institutional routines, and/or express the institutional and cultural constraints of the emerging social order. The article describes edgework and its use in occupational settings, including criminal justice. It then presents data from an Australian study to demonstrate the stressful and sometimes dangerous conditions that staff members within juvenile justice centres experience. With reference to these data, the article argues that edgework can reveal essential paradoxes in juvenile justice work. This in turn can help to understand workers’ motivation(s) and what might be needed to recruit, support, and retain juvenile justice workers.
      PubDate: 2018-04-01
      DOI: 10.1007/s10611-017-9740-0
      Issue No: Vol. 69, No. 3 (2018)
       
  • The logic of agency or the logic of structure in the concept of white
           collar crime: a review
    • Authors: Tage Alalehto
      Pages: 385 - 399
      Abstract: Since 60s the white collar crime concept is divided in occupational crime versus corporate crime, exposing two different causal primacy: an agency logic and a structural logic. The logic of agency argues that corporate crime concept and the logic of structure is more or less useless for white collar crime research. The logic of structure argues that corporate crime has a validity in its own and describe a dimension of white collar criminality that the logic of agency doesn’t reach. The validity of this two positions is discussed by four crucial issues: The status of juristic persona, explanatory value, mens rea and suffering by punishment. It ends up in a Soritie paradox to which a three valued formal logic by the Stoicists Chrysippus is applied. The conclusion is that the logic of agency has the primacy, and the concept of occupational crime should be the prime concept for white collar crime.
      PubDate: 2018-04-01
      DOI: 10.1007/s10611-017-9744-9
      Issue No: Vol. 69, No. 3 (2018)
       
  • Corporate lobbying and criminalisation
    • Authors: David Rodríguez Goyes
      Pages: 401 - 419
      PubDate: 2018-04-01
      DOI: 10.1007/s10611-017-9745-8
      Issue No: Vol. 69, No. 3 (2018)
       
  • Human trafficking for criminal exploitation and participation in armed
           conflicts: the Colombian case
    • Authors: Carolina Villacampa; Katherine Flórez
      Pages: 421 - 445
      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: 2018-04-01
      DOI: 10.1007/s10611-017-9765-4
      Issue No: Vol. 69, No. 3 (2018)
       
  • What’s wrong with corruption' Messages from confessions in China
    • Authors: Juan Wang
      Pages: 447 - 463
      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: 2018-04-01
      DOI: 10.1007/s10611-017-9746-7
      Issue No: Vol. 69, No. 3 (2018)
       
  • The regime that FATF built: an introduction to the Financial Action Task
           Force
    • Authors: Mark T. Nance
      Pages: 109 - 129
      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: 2018-03-01
      DOI: 10.1007/s10611-017-9747-6
      Issue No: Vol. 69, No. 2 (2018)
       
  • New governors on the block: the rise of anti-money laundering
           professionals
    • Authors: Eleni Tsingou
      Pages: 191 - 205
      Abstract: Anti-money laundering (AML) activities are part of an institutionalized, global, and increasingly prescriptive regime, covering a growing set of predicate offences. Yet with much of the responsibility for implementation and monitoring at the hands of private actors, compliance professionals within financial institutions have become foot soldiers in the fight against money laundering. This paper argues that AML professionals do not only implement and monitor, however, but, to protect their interests, also shape the content of governance. The process is two-fold. First, a professionalization process is underway inside banks and other financial institutions. Professionalization has strengthened the relative standing of compliance departments against a background of lower tolerance for illegal and irregular transactions and a growing reputational and financial cost for banks knowingly or accidentally enabling such activities. From that position, the compliance industry has consolidated its role through the development of systematic professional standards and through identifiable skills and expertise as defined by professional associations. Second, anti-money laundering professionals interpret rules and engage in regulatory creep. They meticulously implement different requirements by developing private compliance standards and risk assessments that are technically sophisticated and designed to earn regulatory kudos; they do not simply follow what is required. Further, they extend their mandate by including other compliance facets. Acting out of concern for professional security and advancement, AML compliance officers become governors on the output, but also on the input side.
      PubDate: 2018-03-01
      DOI: 10.1007/s10611-017-9751-x
      Issue No: Vol. 69, No. 2 (2018)
       
  • Policing through misunderstanding: insights from the configuration of
           financial policing
    • Authors: Anthony Amicelle
      Pages: 207 - 226
      Abstract: How does a configuration of policing work regardless of the differences among its constituent members, who may relate to various social fields and range from for-profit organizations to law-enforcement and other state agencies' The article aims at providing some of the answers to this critical question in the light of financial policing, at the interface between the fields of finance and security. With the emphasis on money laundering and terrorist financing, financial policing resonates with other policing configurations that are ‘partly detached from the institutions of the police and start referring to a more general associative practice of assembling risk knowledge, technologies and agencies into networks that govern through rendering and distributing risks’ (Huysmans 2014). The paper argues that everyday financial policing is based on a misunderstanding, as both its current condition of possibility and the fundamental structure of communication between the involved parties. This focus on misunderstanding contributes to question traditional interpretations of (national and/or international) partnership against policing-related public problems. To help understand the paradoxical and controversial productivity of misunderstanding as a sine qua non condition of policing, the article draws on a transatlantic perspective with empirical research in the European Union Institutions, the United Kingdom and Canada.
      PubDate: 2018-03-01
      DOI: 10.1007/s10611-017-9752-9
      Issue No: Vol. 69, No. 2 (2018)
       
  • Global financial governance and the informal: limits to the regulation of
           money
    • Authors: William Vlcek
      Pages: 249 - 264
      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: 2018-03-01
      DOI: 10.1007/s10611-017-9754-7
      Issue No: Vol. 69, No. 2 (2018)
       
  • Can the AML system be evaluated without better data'
    • Authors: Michael Levi; Peter Reuter; Terence Halliday
      Pages: 307 - 328
      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: 2018-03-01
      DOI: 10.1007/s10611-017-9757-4
      Issue No: Vol. 69, No. 2 (2018)
       
  • The impact of cybercrime on businesses: a novel conceptual framework and
           its application to Belgium
    • Authors: Letizia Paoli; Jonas Visschers; Cedric Verstraete
      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: 2018-05-16
      DOI: 10.1007/s10611-018-9774-y
       
  • Institutions and the culture dimension of corruption in Nigeria
    • Authors: Kempe Ronald Hope
      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: 2018-05-12
      DOI: 10.1007/s10611-018-9779-6
       
  • Leaving on a jet plane: the trade in fraudulently obtained airline tickets
    • Authors: Alice Hutchings
      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: 2018-05-08
      DOI: 10.1007/s10611-018-9777-8
       
  • Penal monitoring in the United States: lessons from the American
           experience and prospects for change
    • Authors: Jonathan Simon
      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: 2018-05-04
      DOI: 10.1007/s10611-017-9724-0
       
  • The penalization of protest under neoliberalism: managing resistance
           through punishment
    • Authors: Ignacio González-Sánchez; Manuel Maroto-Calatayud
      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: 2018-05-02
      DOI: 10.1007/s10611-018-9776-9
       
  • Prevention of money laundering and the role of asset recovery
    • Authors: Samuel Sittlington; Jackie Harvey
      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: 2018-03-11
      DOI: 10.1007/s10611-018-9773-z
       
  • The dynamic of general compliance with the OECD anti-bribery convention:
           two interpretative approaches
    • Authors: Lianlian Liu
      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: 2018-03-01
      DOI: 10.1007/s10611-018-9768-9
       
  • Governing illicit finance in transnational security spaces: the FATF and
           anti-money laundering
    • Authors: Anja P. Jakobi
      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
       
 
 
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