CRIME LAW AND SOCIAL CHANGE

Beyond the drug war: violence, forced displacement, and shale gas in northeastern Mexico (2000-2020)
Nieto RI, Gaussens P and Correa-Cabrera G
This article presents the results of an investigation about forced displacement in Mexico's northeastern region-bordering the United States-where many municipalities have been affected by violence and depopulation in the past two decades (2000-2020), in the context of a so-called "drug war." From a critical perspective, the study is based on a quantitative methodology using spatial and statistical analysis to try to link forced displacement-caused by criminal violence-and the presence of important hydrocarbon deposits in the region. The main finding is that the most affected municipalities by violence are located precisely in the Burgos Basin area, which has the largest shale gas reserves in the country. The evidence gathered suggests that forced displacement in these municipalities may respond to a strategic development logic where criminal violence operates for ends that transcend it and are geopolitical in nature.
Bots against corruption: Exploring the benefits and limitations of AI-based anti-corruption technology
Odilla F
Countries have been developing and deploying anti-corruption tools based on artificial intelligence with hopes of them having positive capabilities. Yet, we still lack empirical analyses of these automated systems designed to identify and curb corruption. Hence, this article explores novel data on 31 bottom-up and top-down initiatives in Brazil, presented as a case study. Methodologically, it uses a qualitative analysis and draws on secondary data and interviews to assess the most common features, usages and constraints of these tools. Data collected are scrutinised under a new conceptual framework that considers how these tools operate, who created them for what purpose, who uses and monitors these tools, what types of corruption they are targeting, and what their tangible outcomes are. Findings suggest that in Brazil, AI-based anti-corruption technology has been tailored by tech-savvy civil servants working for law enforcement agencies and by concerned citizens with tech skills to take over the key tasks of mining and crosschecking large datasets, aiming to monitor, identify, report and predict risks and flag suspicions related to clear-cut unlawful cases. The target is corruption in key governmental functions, mainly public spending. While most of the governmental tools still lack transparency, bottom-up initiatives struggle to expand their scope due to high dependence on and limited access to open data. Because this new technology is seen as supporting human action, a low level of concern related to biased codes has been observed.
"We're led by stupid people": Exploring Trump's use of denigrating and deprecating speech to promote hatred and violence
Valcore J, Asquith NL and Rodgers J
In response to a call for criminologists to consider the impact of former President Donald Trump's presumed criminality, we analyze verbal-textual hostility (VTH) in Trump's campaign speeches. Politicians have particular power and reach with their speech and their use of VTH is an important part of the trifecta of violence. Using a framework informed by linguistic theory and previous analysis of hate speech in recorded hate crimes, we present the categories of deprecation and denigration, and discuss their relationship to domination. In context, these forms of VTH enhance and serve as precursors to more violent speech and acts.
Hate in the time of the Covid-19 pandemic: dehumanisation as a side effect; -humanisation as a remedy
Collard M
This article is about denouncing the dehumanisation process that took place in the time of Covid-19. It recognises that governments have a vital role to play in setting national directions to tackle racist violence and that the value of having hate crime laws should not be underestimated. However, it argues that a broader approach is needed to embark upon a -humanisation initiative and effectively combat racist violence. It emphasises that, to get people truly devoted to a course of action, they must develop a greater understanding of the sources of the problem. Accordingly, this article suggests that academia has a key role to play in shedding light on the occurrence of -humanisation and the potential for -humanisation.
Decreasing corruption in the field of disaster management
Ha KM
Corruption has always existed in the field of national disaster management. Although many case studies on (anti)corruption have been carried out, these works have not dealt sufficiently with the evidence. The present research aims to study how to shift from corruption to anti-corruption, or simply, how to decrease corruption within the system. The comparative perspective is applied as the major methodology. The "damp-ground" style is where corruption breeds, whereas the "sunshine-based" style is where disaster management ethics, structure, transparency, and regional characteristics are established, sustained, and maximized. Therefore, the personnel, system, operating principles, and other relevant factors need to evolve and change to contribute significantly to the sunshine-based model. In this regard, stakeholders should carry out their roles and responsibilities effectively to succeed in disaster impact mitigation and overall disaster management. The contribution of this work lies in providing a comprehensive viewpoint on the shift from damp-ground corruption to sunshine-based anti-corruption toward the ultimate goal of disaster mitigation.
'I have used up my entire youth in the bush': the during and after the Peruvian internal armed conflict
Willems E
Youngsters participate as combatants at the forefront of armed conflicts around the globe, be it as part of state forces, as members of rebel groups, or as drivers of armed civilian resistance. This contribution explores the social trajectories of (ex-)civil self-defense militia members in Peru who fought alongside the state forces to defeat the Maoist rebels of Shining Path in the 1980 and 1990s. On the one hand, by taking the Peruvian (CAD) as a somewhat atypical case-study, the article aims to enhance a more nuanced understanding of youth as drivers of and participants in civil war violence which transcends the victim-perpetrator dichotomy. On the other, by analyzing the social trajectories of CAD leaders and members from their youth until the present, it seeks to gain insight into ex-combatants' claims for recognition, reparation and citizenship in the aftermath of armed conflict. The trajectories of the CAD members demonstrate how the morality of soldiering, steered by ideas about masculinity, militarism and patriotism, gets intertwined with structural societal conditions such as the lack of educational and economic perspectives for youngsters, and the state's failure to provide protection and security against rebel group violence to those who might need it most. In the aftermath of the conflict, militia service and the corresponding warrior identity form a basis of demands for inclusion by an historically marginalized rural population group. The findings on the Peruvian self-defense committees presented in this article have several implications for research and policy in the fields of Transitional Justice and Disarmament, Demobilization and Reintegration, and open both thematic and conceptual avenues for further research into civilian participation in armed conflicts around the globe.
Meaningful crime prevention or just an 'Act':Discourse Analysis of the criminalisation of contract cheating services in Australia
Groves A and Nagy V
Contract cheating remains a significant problem for universities and higher education (HE) generally, both within Australia and internationally. In 2020, the Australian Federal Government passed legislation establishing a new criminal offence, criminalising the provision or advertisement of academic cheating services by individuals and businesses. This legislation represents the Australian Government's formal commitment to a criminal justice response to address the problem of contract cheating behaviour, which seeks to prevent and minimise the use and/or promotion of such cheating services within the higher education sector. This paper provides a political discourse analysis (PDA) and interpretive policy analysis (IPA) of Australian Parliamentary Hansard documents regarding debate of the Our findings suggest a discord between the putative purpose of this legislation and the way the contract cheating problem has been represented in Australian Parliament. We argue that debates regarding the solution to, or at least how to address contract cheating first need to understand and agree on the problem if they are to meaningfully prevent crime. Our analysis exposes the politicisation of the higher education sector and associated discourse, where concern about contract cheating, in this case, was used as a vehicle to further rationalise ongoing Government paternalism and interference in tertiary institutions, underscoring the need for critical evaluation of criminological interventions.
A socio-legal analysis of the Belgian protective legislation towards victims of aggravated forms of migrant smuggling
de Massol de Rebetz R and van der Woude M
As many scholars have shown, and other than what is suggested by their legal definition, migrant smuggling and human trafficking are not always easily distinguishable in reality. Acknowledging this grey area between the two phenomena, the Belgian legislature has introduced an alternative approach (referred to as 'third-way approach') which would offer migrants who have experienced 'aggravated forms' of migrant smuggling the same protective status that is usually strictly reserved for victims of human trafficking. Interestingly enough, migrants don't seem inclined to make use of this procedure. Through a series of expert interviews, this article shines light on the perspective of key actors within the Belgian criminal justice system and migration control apparatus with regard to this third-way approach and its functioning in practice. In so doing, the article not only reveals how the proper functioning of this third-way approach is hindered by a series of organizational and institutional factors, but it also shows how the different actors are struggling with the inherent tension between the objectives of protecting state security and the protection of the needs of vulnerable groups in precarious life situations.
Uncovering patterns of public perceptions towards biodiversity crime using conservation culturomics
Troumbis AY, Iosifidis S and Kalloniatis C
This paper examines aspects of the relationship between (1) the recently typified form of biodiversity crime, (2) information made available to the public through the Internet, and (3) cultural dynamics quantified through info-surveillance methods through Culturomics techniques. We propose two conceptual models: (1) the building-up process of a biodiversity crime in some language, and (2) a multi-stage biodiversity conservation chain and biodiversity-crime activities relating to each stage. We use crowd search volumes on the Internet on biodiversity crime-related terms and topics as proxies for measuring public interest. The main findings are: (1) the concept of biodiversity-crime per se is still immature and presents low penetration to the general public; (2) biodiversity-crime issues, not recognized as such, are amalgamated in conservation-oriented websites and pages; and (3) differences in perceptions and priorities between general vs. niche public with particular interest(s) in environmental issues- are discernable.
The Holocaust and Disciplinary Myopia in Criminology and Sociology: Social injury as a response to the challenges of legal formalism
Dallier DJ
Criminological and sociological discourse recognizes the impact of structure on crime, but generally eschews the consideration of structural damage and human suffering emanating from malevolent social movements (e.g., the Holocaust). Legal formalism presents conceptual challenges that has hindered analysis of harmful macroscopic phenomena, as it created jurisprudential impediments to be surmounted by the architects of the Nuremberg Tribunals. In considering these issues, a new 'dark figure' is identified that is compatible with phenomena examined from the social harm perspective, and to remediate disciplinary myopia, a specification of Edwin Sutherland's (1945) concept of social injury is suggested and contrasted with Galtung's (1969) construct of structural violence. Social injury refers to the recursive damage to social structure and human potential through the functional impairment of social institutions.
The welfare of wildlife: an interdisciplinary analysis of harm in the legal and illegal wildlife trades and possible ways forward
Wyatt T, Maher J, Allen D, Clarke N and Rook D
Wildlife trade-both legal and illegal-is an activity that is currently the focus of global attention. Concerns over the loss of biodiversity, partly stemming from overexploitation, and the corona virus pandemic, likely originating from wildlife trade, are urgent matters. These concerns though centre on people. Only sometimes does the discussion focus on the wildlife traded and their welfare. In this article, we make the case as to why welfare is an important component of any discussion or policy about wildlife trade, not only for the interests of the wildlife, but also for the sake of humans. We detail the harm in the trade as well as the current welfare provisions, particularly in relation to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which guide global transport and trade. There are a number of ways that the current approach to wildlife welfare could be improved, and we propose ways forward in this regard.
Regulatory theater in the pork industry: how the capitalist state harms workers, farmers, and unions
Ken I and León KS
The United States pork sector generates billions of pounds of food and billions of dollars of sales and tax revenue per year. This industry has also generated hundreds of workers' deaths from covid infections, thousands of workers' injuries from hazardous working conditions, economic and environmental depletion of communities near production sites, and the massive decline of small hog farming operations - not to mention over a billion tons of fecal waste per year. Although pork companies, like most firms in the food industry, portray state regulation as a burden for commercial interests, we identify how the pork industry enjoys a symbiotic relationship with the state to create favorable conditions for three interrelated processes: 1) monopoly and monopsony power; 2) hyper-efficient but injurious working conditions; 3) union busting. Using structural contradictions theory, we explain the failure to protect workers, farmers, and communities as a feature of the fundamental contradiction between protection and accumulation within the capitalist state. We argue that the solution to pork industry harms is not more regulation but the outright replacement of currently existing capitalism.
"This is where I belong:" a narrative study of professional commitment to a new criminal justice agency
Arriagada I
Scholars of penal change have established a rich theoretical understanding of the macro- and meso- level processes that explain the emergence, diffusion, and success of penal developments. Similarly enthusiastic examinations of the agentic aspects of professional commitment to criminal justice institutions are necessary to better understand the relationship between micro-level individual processes and the endurance and success of penal projects. The present study builds on existing analyses of cause lawyering and indigent criminal defense to examine the personal narratives of penitentiary defenders, lawyers working for the Unit of Penitentiary Defense, a novel Chilean public agency that offers legal assistance and enables convicted prisoners to file grievances and report rights violations before criminal courts. By drawing on 45 in-depth semi-structured interviews, I analyze the ways in which these attorneys incorporate biographical experiences and life events into coherent stories that both support and construct their professional identity as legal aid lawyers despite adverse working conditions. Four narratives are prevalent in their accounts: identification, privilege, calling, and admiration. These narratives demonstrate that criminal justice professionals engage in meaning-making processes through the creation of biographical accounts that tie personal and professional self-understandings together. The contribution of the article is thus twofold: it situates the role of individual agency in the development of penal projects and provides a novel explanation as to how legal aid lawyers become personally and professionally invested in indigent defense.
Occupational crimes in casinos: employee theft in Macau, China
Pontell HN, Liu J, Contreras C, Leong SWD and Huang L
It is virtually impossible to accurately measure employee theft across the casino industry using official statistics. In this paper, we use the self-report method for measuring crime to (a) estimate the prevalence, incidence, seriousness, and versatility of occupational offending in casinos in Macau, China-the largest casino gambling location in the world; and (b) identify characteristics which correlate with that offending. One in seven employees in our sample (14%; 38 out of 281) reported engaging in at least one of six offenses (theft in the workplace, falsification of documents, computer fraud, bribe offering, bribe accepting, and white-collar exploitation) in the 12 months prior to their survey response. The great majority of active offenders specialized in crime type: 61% of the active offenders in our sample (23 out of 38) committed just one of the six occupational crimes. Criminal "specialization" notwithstanding, offenders committed their crimes relatively frequently; occupational crimes were particularly costly to casinos in the long run; and these offenses varied in their severity and extent depending on crime type. Demographic characteristics of casino employees-in particular, male gender, occupational position, work schedule, and work-related experience-were associated with whether an employee engaged in workplace crime. Regarding psychological and lifestyle characteristics of employees, only financial pressure and gambling behavior were significantly related to occupational offending. Given that casinos are subject to high levels of surveillance relative to other places of employment, criminal motivation, and not just opportunity, could matter in terms of crimes committed by workers in the gaming industry.
County trajectories of pyramid scheme victimization
Greenman SJ, Snyder S, Bosley S and Chenoweth D
Community-level vulnerability to pyramid scheme fraud may be affected by place-based sources of strain and opportunity. Using national victim data from a pyramid scheme fraud case from 2000-2013, this research explores pyramid scheme adoption with group-based trajectory modeling (GBTM). GBTM is used to look for distinct trajectories of pyramid scheme join rates and to explore the effect of strain, as measured by a county's Social Vulnerability Index and unemployment rate, and opportunity or protection, as measured by a series of social capital variables, on the group trajectories. Findings suggest that county-level strain, including the county's Social Vulnerability Index and unemployment rate are related to pyramid scheme victimization, especially early adoption. We also find that social capital variables - which can, in theory, reduce strain or increase opportunity - have a nuanced relationship with fraud victimization. While our findings are drawn from a single pyramid scheme, they point to the potential to analyze case data to inform preventative and monitoring strategies appropriate to local-level characteristics.
Measuring judiciarization of people with mental illnesses
Mikhaylova O and Naumova J
The judiciarization of the psychiatric subject is a two-sided process. It could anti-discriminate people with mental illnesses but, at the same time, it could potentially provoke pathologization of mental illnesses. Current methodologies proposed to measure this important and complicated process for people with mental illnesses do not allow analysis on multiple levels (the macro, meso, and micro). In this article, to fill this gap we propose a methodological strategy that helps to investigate judiciarization of people with mental illnesses on multiple levels at once. This approach is based on critical discourse analysis of legal documents and court decisions that feature people with the poor mental health. Namely, we suggest how to measure the level or degree of judiciarization, its geographical evenness, actors in the legal process, its dimensions (the law branches of its occurrence), and linguistic content. We applied this methodology in examining 1,243 legal documents and 327,311 court decisions that were issued by agents of the Russian law system. The research findings show that judiciarization levels in Russia have been rising over the years, moving away from stigmatizing those with mental illnesses and towards anti-discrimination. Our paper could be of interest to socio-legal researchers and social policy practitioners.
Gangs, violence, and fear: punitive Darwinism in El Salvador
Rosen JD, Cutrona S and Lindquist K
This article evaluates the factors impacting support for tough on crime policies in El Salvador. Examining theoretical and empirical scholarly work, we look at how fear, together with social and political contexts drive public appetite for punitive policies towards criminals. We show that President Nayib Bukele is responding to public opinion and has implemented tough on crime policies at the expense of human rights violations and democratic institutions. Society favors candidates who are the "toughest" against criminal actors. Political candidates from all sides of the ideological spectrum tap into the fear of the populace to win votes, leading to punitive Darwinism. We provide an empirical assessment of which theoretically relevant factors are statistically associated with punitivism in the Salvadoran context, using multiple regression analysis of high-quality public opinion survey data from LAPOP.
Border crossings from Mexico to the U.S. and the role of border homicides
Mollick AV, Cabral R and Saucedo E
This paper examines northbound crossings of personal vehicles and pedestrians from Mexico to the U.S. Sample size from January 1997 to December 2019 includes the period after December 2006 when then inaugurated Mexican government announced the "war on drugs". We construct a series of border homicide share, which stands for the allocation of homicides in border states relative to the total of Mexican homicides. The series runs from between 15 to 20% to its peak of 48% in 2010 and its recent stabilization with less than 25%. We argue that this represents the intensity of violent crime spread throughout the Mexican border with the U.S., which is the geographic focus of research on border crossings. Employing structural vector autoregressions (SVAR), we estimate a model with homicide share, industrial production and border crossings. We compare the responses of this model to the pure economic model with the real exchange rate. We conclude that the response of border crossings to shocks in industrial production is about the same (positive and statistically significant) across models. However, while border crossings of vehicles and pedestrians respond negatively to positive shocks in border homicides the response of vehicles is prolonged and for pedestrians is immediate.
Carceral Experiences of White-Collar Offenders: Qualitative Research Design Utilising the Offender-Based Definition and Pierre Bourdieu's Capital Theory
Uhl A
As the awareness and extent of white-collar crime increases, the number of prison inmates from the middle and upper classes can be expected to grow. However, existing scholarship on the imprisoned white-collar offenders has geographical and methodological limits, is of a predominantly explorative nature and often employs definitions focused on the offence rather than the perpetrator. This study attempts to advance the current state of research by utilising Bourdieu's capital theory in the description and explanation of the prison experience of a sample of 13 politicians, businesspersons, and lawyers serving prison terms for corruption and embezzlement in Poland. Deductive analysis of semi-structured interviews reveals how participants used social, cultural, and symbolic capital to secure an advantageous position whilst in prison. Due to varied assets such as their non-criminal identity, interpersonal skills and legal knowledge, the incarcerated elites studied were able to curry favour with guards, win recognition from fellow inmates and, unlike most prisoners, maintain supportive connections with the outside world. When considered within Bourdieu's framework, these results provide an insight into the workings of capital in carceral settings, support the special resiliency hypothesis and explain it through differences in the social situation of inmates.
Organised food crime: an analysis of the involvements of organised crime groups in the food sector in England and Italy
Rizzuti A
The food sector is subject to illegal practices of various types such as adulteration or exploitation of labour. In the media and public discourse, this phenomenon is often associated to activities by organised crime groups. Drawing on a socio-legal empirical study on the perception and conceptualisation of food crime in English and Italian public institutions, this paper unpacks the involvement of organised crime and mafia-type actors in the food sector. Considering data collected through in-depth interviews with representatives of law enforcement and other public authorities, supported by documentary sources, this research points out that, from both an institutional perspective that narrowly conceptualises as food crime as food fraud, as well as from a wider perspective that addresses other practices happening in the food sector, organised crime is involved in food crime. By referring to the English and Italian cases, and by merging different bodies of literature, such as green criminology and enterprise theory, this article advocates for conceptual clarity when referring to the involvement of corporate crime, organised crime and mafia-type groups active in the food sector. In so doing, it presents and reflects upon 'organised food crime' as a new socio-legal category and highlights its policy outcomes.
Irregularly regulated collecting markets: antiquities, fossils, and wildlife
Mackenzie S, Yates D, Hübschle A and Bērziņa D
This paper examines the dynamics of 'irregularly regulated markets', specifically those dealing with what we term 'criminogenic collectables': antiquities, fossils, and wildlife. Through the lens of 'irregular regulation' we consider how inconsistencies and loopholes in legal frameworks contribute to criminal activities in these markets. We outline five ways that such markets can be considered irregular: socially, jurisdictionally, temporally, culturally and discursively. Through this discussion, we address the subjective nature of legality in these markets, contested by cultural, economic, and political influences, and the role of market actors in manipulating perceptions. This study offers a nuanced perspective on the sociology of crime which includes consideration of the objects of crime. Here we emphasize not only the significance of market regulation and legal frameworks in shaping criminal behaviour, but also the agentic qualities of the target objects themselves. We argue that the idea of irregularity is a useful hermeneutic device for considering the grey areas and hot zones of debate that constitute the current global market for contested objects.