You are looking at 121-140 of 252 articles
The use of detention for immigration purposes is a carceral trend that continues to increase across the world and is a phenomenon no longer limited to so-called western countries or the global north. Linked to the criminalization of mass migration under conditions of globalization, immigration detention can be understood as both a policy and a practice that is directed towards the control of unwanted human mobility. The extension of tactics traditionally used in the penal system to the realm of immigration control raises important questions about the purpose, justification, and legitimacy of immigration detention. Broadly defined as the confinement of non-citizens under administrative powers rather than criminal law to achieve immigration-related aims, immigration detention is one amongst an array of border control strategies aimed at the identification of migrants, the prevention of absconding, and the facilitation of their removal. Only recently has this form of confinement become the focus of criminological inquiry. Researchers have found that immigration detention has a profound impact on those who are detained, particularly on mental and physical health as well as on more complex issues of identity, belonging, human rights, and legitimacy. Empirical research has indicated that although the detention of migrants is not punishment, it is often experienced as such, with the prison emerging as a point of comparison through which to make sense of this practice. That the “usual suspects”―poor men and women of color―are the primary populations detained raises important questions about the use of immigration detention in the service of punitive and restrictive migration control strategies that further global inequality along the familiar lines of gender, race, and socioeconomic status.
Sara Wakefield and Janet Garcia-Hallett
The rapid rise in the incarceration rate, most notably in the United States over the last four decades, has drawn greater attention to the disabilities imposed by incarceration experiences and the spillover of these complications to the families of inmates. Prisons have always disproportionately drawn upon the disadvantaged, but research today details how imprisonment creates new harms for inmates as well as for those who are connected to them but were never incarcerated. In this contribution, the effects of incarceration on the family are briefly described across several domains. First, the social patterning of incarceration effects are described, for inmates and for their families, showing that imprisonment effects are both widespread and overwhelmingly repressive for some groups. Next, the effects of incarceration on the families of inmates are described, focusing on the partners and children of inmates, and differentiating between maternal and paternal incarceration. Incarceration is broadly harmful for families, but there is a significant gender gap in knowledge—research on paternal incarceration and the romantic partners of male inmates is much more common, rigorous, and uniform in findings. Where findings are mixed, scholarship is reviewed on how examining incarceration and family life has expanded across varying fields that often differ in their research approach, emphasis, and methodology. Finally, the discussion ends with the most pressing challenges for researchers going forward, suggesting that studies interrogating heterogeneity and leveraging new data sources offer the most fruitful path. This review is focused largely on the United States. First, and most practically, much of our knowledge about the effects of incarceration on the family is based on U.S.-based samples. Second, the effects of incarceration on the family have worsened significantly as a result of the prison boom in the United States. It remains to be seen how such effects translate to different contexts; some research suggests similar process at much lower incarceration rates, while others show less harm in other contexts.
A nation’s rate of incarceration is the number of people incarcerated as a proportion of its total population. Internationally, there is broad variation in the degree to which nations incarcerate their citizens, with a nearly 40-fold difference between the highest and lowest rates. The incarceration rate is often interpreted as a measurement of the degree of punitiveness in a society, although it is an imperfect measurement. Factors that may influence these rates include rates of serious crime, law enforcement and prosecutorial decision making, scale of prison admissions, length of time served in prison, and other means of social control in a society.
Emerging scholarship is exploring the broader societal factors contributing to a nation’s rate of incarceration. These studies explore policy initiatives to prioritize incarceration as a means of crime control, degree of inequality in a society, racial assumptions about crime, and the cultural values of a nation. With the rise of mass incarceration in the United States, a body of research has developed that is assessing the limited public safety benefits and collateral effects of these developments. These counterproductive effects include impacts on family formation and parenting in high-incarceration communities, rates of civic engagement, and the fraying of community bonds and informal social control.
Individual, Educational, and Other Social Influences on Greed: Implications for the Study of White-Collar Crime
Long Wang, Ziwei Wang, and David H. Weng
Greed is a central part of human nature. In history, feudal barons and kings, as war profiteers, continued to engage in war to acquire more after they had accumulated excessive wealth; in the modern era, greed is still rampant as the wealthy and powerful keep accumulating inordinate amounts of wealth and power. Greed does not exist in a social vacuum: it often involves a complementary reduction in other people’s outcomes, even as the greedy actor achieves substantive gains. In addition, people’s resource accumulation often stimulates rather than sates, creating a vicious cycle of extravagant spending and insatiable desire. Historical and philosophical approaches typically connect greed with immoral and deplorable behavior. Religious admonitions even make it more obnoxious and despicable.
Greed is often believed to be an obvious, perhaps too obvious, cause of white-collar crime. There is no shortage of notorious cases of corporate greed, where white-collar offenders engage in amazing frauds and/or extravagant spending sprees. Yet empirical research on the relationships between greed and white-collar crime is rather limited. Greed can be both personal and environmental. On the one hand, our natural needs and wants suggest that people cannot always easily escape the temptations of greed. Thus, for at least some people, greed may be intrinsic, dynamic, and grow across spans of their life cycle. This may make restraining greed a challenging task as it represents a dissonance of human nature. On the other hand, greed is not always portrayed as disgraceful or unacceptable because of its connection to self-interest maximization and market competition, foundational elements of business and economics education and management practices. In particular, when the push for profits is pervasive, traditional, and taken-for-granted in modern organizational life, greed may inadvertently become less derogatory.
Throughout the history of journalism the notion of a mother killing her infant child—committing an act of infanticide—has always been high on the news values scale. In the 19th century, sensational news reports of illicit sexual liaisons, of childbirth and grisly murder, appeared regularly in the press, naming and shaming transgressive unmarried women and framing them as a danger to society. These lurid stories were published in broadsheets and the popular press as well as in respectable newspapers, including the most influential English newspaper of the century, The Times of London. In 19th-century England, The Times played a powerful role in influencing public opinion on the issue of infanticide using lurid reports of infanticide trials and coronial inquests as evidence in stirring editorials as part of their political campaign to reform the 1834 New Poor Law and repeal its pernicious Bastardy Clause, which had led to a large increase in rates of infanticide. News texts, because of their ability to capture one view of a society at a given moment in time, are a valuable historical resource and can also provide insight into journalism practices and the creation of public opinion. Infanticide court and coronial news reports provided details of the desperate murderous actions of young women and also furnished potent evidence of legal and government policy failures. The use of critical discourse analysis (CDA) in studying infanticide reports in The Times provides insight into the ways in which infanticide news stories worked as ideological texts and how journalists created understandings about illegitimacy, the “fallen woman,” infanticide, social injustice, and discriminatory gendered laws through news discourse.
Andreas Hövermann and Steven F. Messner
This is an advance summary of a forthcoming article in the Oxford Research Encyclopedia of Criminology and Criminal Justice. Please check back later for the full article.
Institutional Anomie Theory (IAT) was originally formulated as a quintessentially macro-level theory of crime focused on features of large-scale social systems. The main substantive claim of the theory is that an institutional structure characterized by the dominance of the economy over other, non-economic institutions tends to be conducive to high levels of crime. Such economic dominance in the institutional structure is theorized to be manifested through three primary processes: the norms and values associated with the economy penetrate into other realms of social life; non-economic roles tend to be accommodated to the requirements of economic roles when conflicts emerge; and non-economic functions and roles are devalued relative to economic functions and roles. Economic dominance in the configuration of social institutions is linked with crime via complementary institutional and cultural dynamics. The enfeeblement of non-economic institutions accompanying economic dominance limits their capacity to perform their distinctive social control and socialization functions, and anomie permeates the culture. The defining feature of such anomie is that the egoistic or utilitarian motives associated with the market economy prevail, and technical expediency guides the selection of the means to pursue personal goals. IAT has informed a growing body of research dedicated to explaining cross-national variation in crime rates. While empirical studies have generated mixed results, the research literature is generally supportive of the theory. The most consistent conclusion from these studies is that the scope and generosity of the welfare state are associated with reduced levels of crime, especially lethal criminal violence, either directly or by mitigating the effects of other criminogenic conditions, such as economic inequality or economic insecurity. The precise nature of the effects of the different social institutions on crime, for example whether they exhibit “mediating” or “moderating” relationships, remains uncertain. The cultural dynamics informed by IAT have received less attention, but recently some efforts to incorporate culture have been promising. Along with the studies conducted exclusively at the level of nation states, an emerging area of research applies IAT in a multilevel framework. The results have been mixed here as well, but these studies have indicated how structural marketization translates into shared values that help explain individual variation in criminality. Several challenges remain for future research. IAT is cast at a high level of abstraction, which creates ambiguities about the precise nature of any causal structure among variables and the most appropriate procedures for operationalizing the main concepts. Moreover, research indicates that it might be important to focus not only on the strength but also on the content of non-economic institutions as the economy penetrates into non-economic institutions. Another challenge pertains to the role of religion as a non-economic institution, given research revealing that its functioning as a protective non-economic institution deviates from that of other non-economic institutions.
Geoffrey C. Barnes and Jordan M. Hyatt
Intensive Supervision Probation (ISP) is a form of community supervision that employs smaller caseloads, more frequent contacts, and a variety of other mechanisms to increase the level of surveillance and control for those on criminal probation. While this approach has seen successive waves of research interest, the evidence on its effectiveness seems relatively disappointing. Most existing studies have shown that ISP produces very little reduction in recidivism, while also being more costly to deliver. In addition, ISP’s surveillance mechanisms result in more frequent detection of technical violations, leading to a greater use of incarceration. Despite these disappointing findings, however, there is some potential for ISP to be used in a positive way. Recent developments in assessing both the risk of offending and the criminogenic needs of individual probationers, combined with shifts in the philosophical foundations of community supervision, suggest that ISP could prove to be a useful and productive tool when targeted at the most advantageous population of criminal offenders.
Kai Ambos and Alexander Heinze
International Criminal Justice is a controversial concept, and there is a burgeoning body of literature on its exact contours. Understood broadly, the term “international criminal justice” covers a broad category, integrating international criminal law (ICL) within an overarching interdisciplinary enterprise also “incorporating philosophical, historical, political and international relations, sociological, anthropological and criminological perspectives” (Roberts, 2007). International criminal law consists, at its core, of a combination of criminal law and public international law principles. The idea of individual criminal responsibility and the concept of prosecuting an individual for a specific (macrocriminal) act are derived from criminal law, while the classical (Nuremberg) offenses form part of (public) international law and thus the respective conduct is directly punishable under ICL (principle of direct individual criminal responsibility in public international law). The dualistic base of international criminal law is also reflected in the reading of the mandates of the international criminal tribunals; one can either take a “security, peace, and human rights”–oriented approach or a “criminal justice”–oriented approach, either of which may entail a paradoxical goal or purpose ambiguity of international criminal law. In any case, the strong grounding in criminal law, together with the actual enforcement of international criminal law by way of international criminal proceedings and trials, converts international criminal law into criminal law on a supranational level and thus entails the full application of the well-known principles of liberal, post-enlightenment criminal law, in particular the principles of legality, culpability, and fairness. These principles constitute the minimum standard of any criminal justice system based on the rule of law and thus must also apply in an international criminal justice system. The adoption of the Rome Statute of the International Criminal Court (ICC) in 1998 and the effective establishment of the Court in 2002 have led to an institutionalization of international criminal law, turning the page on ad hoc imposition in favor of a treaty-based universal system. In addition, the Rome Statute provides for the first codification of international criminal law, with a potentially universal reach. Therewith, international criminal law was not only united into a single penal system of the international community, but it was also extended beyond its fundamental core areas of substantive and procedural law into other branches of criminal law (law of sanctions, enforcement of sentences, and judicial assistance).
Gema Varona and José Luis de la Cuesta
In a broad sense, international criminology can be described as the set of activities related to crime prevention and control, coming from the academia, public and private institutions and agencies, to join efforts to debate and publish and make policies, addressed to a global audience beyond a single country. This process of internationalization of criminology, started since its beginnings as a science, at the end of the 19th century through important congresses and meetings developed in Europe, where public officials and academics met. In the 21st century we can talk of a global or globalized criminology around the world, expressed also via websites on the Internet. Together with international crimes (genocide, crimes against humanity, crimes of war and, to a lesser extent, aggression as crime against peace), transnational crimes (corruption, financial crime, terrorism, organized crime, and its different modalities of illegal trafficking, cyber-attacks, and crimes against the environment), as well as crimes of abuse of (political and economic) power (enforced disappearances, summary executions, torture) are the subject matter of international criminology. However, the concept of international criminology is elastic and welcomes any international approach to other topics, traditionally thought domestically; in any case from the international perspective the social-political dimension of criminality appears as a much more relevant issue than the criminal’s personality (and treatment) and protection of victims and the community become the focus of interest.
Within the internationalization of criminology there are at least two trends that deserve further analysis. The first one is how to balance the cultural differences among all the countries and the myriad of interests involved in the construction of an international criminology. Some criticism is heard in the sense that international criminology is influenced by American or Anglo-Saxon views. From this perspective it is observed a risk of producing academic, legal, and policy criminological transplants without considering the cultural and socioeconomic context of every country and the voices of their inhabitants. The second trend refers to the role of international criminology in relation with the increasingly diffuse borders between police, intelligence agencies, and military forces; crime control and war; or internal and external security. Even though international crimes have always been a core topic, war and political and economic abuse of power across borders have been quite forgotten in the agendas of both national and international criminology. Today there are different forms of cooperation among countries in conflict situations, (e.g., terrorism, border controls, and the so-called refugee crisis) where the military, intelligence agencies, police forces, and private corporations of different countries work together, providing international criminology new topics for critical reflection and action.
When it comes to helping gang-involved youth, interventionists are faced with a significant primary challenge: Must youth leave their gangs before receiving treatment? Or can treatment successfully be delivered while a youth remains gang-affiliated? Despite a broad evidence base showing the effectiveness of interventions for aggressive, antisocial, and/or justice-involved youth, there is very little research illuminating the effectiveness of individualized interventions for gang-involved youth in particular. This is a significant gap in the literature given that gang-involved youth typically exhibit significantly higher levels of violence and victimization than do other youth. However, existing best-practice intervention models might hold promise for effectively serving gang-involved youth. These models indicate that interventions for youth offenders should be grounded in behavioral theory while focusing on caregiver skills and family dynamics and leveraging broader social-ecological supports. Recent evaluations of two evidence-based interventions (Functional Family Therapy and Multisystemic Therapy) with respect to how they work for gang-involved youth indicate that it is indeed possible to implement effective treatment for this population. The probability of successfully treating gang-involved youth also might be augmented through the integration of new discoveries emanating from the life-course study of gang members. Specifically, it might be possible to leverage the motivating value of typical life events during the transition to adulthood to encourage youth to leave the gang lifestyle and all its attendant risks. One key task for interventionists, then, is to ensure that gang-involved youth can be engaged and maintained long enough in treatment to benefit from those motivations during that critical natural developmental transition.
Emily Wright and Brandon Valgardson
Intimate partner violence (IPV) is a serious problem that affects many individuals and crosses national borders, religions, gender, sexual orientation, racial, and ethnic groups (Harvey, Garcia-Moreno, & Butchart, 2007; Krug, Mercy, Dahlberg, & Zwi, 2002). The World Health Organization has defined intimate partner violence as any behavior that inflicts harm on an intimate partner, such as a spouse, prior spouse, or partner. This harm can be physical, psychological, or sexual in nature and is inflicted through physical aggression, psychological abuse, sexual coercion, or other controlling behaviors (Krug et al., 2002). At times, the terms domestic violence and partner/spouse abuse are used interchangeably with the term intimate partner violence (Harvey et al., 2007).
Historically, intimate partner violence was seen as a matter to be dealt with in the home (Andrews & Khavinson, 2013); that is, it was largely considered a private issue between intimate partners. As such, little attention or support was extended toward victims of violence. The women’s rights movement during the 1970s brought many of the deleterious effects of IPV to the attention of the public. As a result, assistance became increasingly available for victims (Dugan, Nagin, & Rosenfeld, 2003). Some of the efforts to provide assistance to victims of IPV include mandatory arrest laws, victim advocacy, counseling services, shelters, and crisis hotlines.
Substantial efforts have been made to provide needed services to the victims of IPV, yet the exact rates of victimization are unknown. This is due to different research methodologies and operationalizations of IPV that are used across studies. For instance, there is some controversy as to whether IPV should be measured by acts of violence (e.g., hitting, choking) or the severity of injuries (e.g., bruises, broken bones). Complicating the issue is the fact that different sampling methods may yield different estimates of IPV. Research drawn from the general population, for instance, may uncover higher rates of less severe IPV, while purposive samples drawn from domestic violence shelters may yield higher rates of severe IPV (Johnson, 2008). Measurement challenges also occur because many individuals underreport or misrepresent their victimization. Thus, research that incorporates multiple study designs and sampling techniques, indicates that approximately 16% of adults in the United States experience IPV victimization each year (Langhinrichsen-Rohling, Misra, Selwyn, & Rohling, 2012).
Social scientists have used a number of theories to better understand IPV. These theories include feminist theories, power theories, social learning theories, and personality theories. Research grounded in these theories has found many risk factors that are related to the likelihood of victimization and perpetration. Additionally, various risk factors for IPV perpetration and victimization have been identified, including individual (e.g., alcohol abuse, anger), historical (e.g., abuse as a child), and demographic (e.g., cohabitation, age) factors (Stith et al., 2000; Stith, Smith, Penn, Ward, & Tritt, 2004). Recently, behavioral scientists have begun to investigate the biological and genetic factors related to IPV perpetration (Barnes, TenEyck, Boutwell, & Beaver, 2013; Hines & Saudino, 2004). Because there are many short- and long-term negative effects of IPV victimization, scholars and advocates continue to explore new avenues to increase understanding of IPV perpetration and victimization to better assist victims and perpetrators. Currently, the main sources of help for victims of IPV include mandatory arrest laws, domestic violence shelters, crisis hotlines, civil protection orders, victim advocacy, treatment programs, and informal means of assistance. However, each of these resources has demonstrated varying degrees of effectiveness for increasing victim support and reducing repeated victimization.
Meenakshi Gigi Durham
News narratives of violence against women in India are part of a larger discourse of Orientalism that began in the nascent years of the British Raj and continues into the present; these narratives also reflect documented patterns of reporting on gender violence that sustain intersectional hierarchies of race and class as well as gender.
In the years leading up to British Crown rule in India, newspapers were embroiled in debates around the rare practice of sati, or the self-immolation of widows. British and Indian newspapers carried articles and commentaries both decrying and defending the practice. Arguments about sati were predicated on contests over national autonomy rather than on the gender violence at the crux of the practice. Sati is conceptually related to “bride burning,” also dubbed “dowry death,” which is reported in the news media as an effect of Indian tradition and gender culture, in contrast to the reportage on domestic violence in “First World” settings, which is depicted in terms of isolated incidents and not interpreted as a consequence of the social milieu. Female infanticide and feticide follow similar patterns of journalistic framing. Human trafficking in India is reported narrowly in terms of sex trafficking and without reference to its connections with other forms of human rights violations.
The 2012 rape and murder of Jyoti Singh Pandey in New Delhi incited widespread international and domestic media coverage of violence against women India. Analyses of this coverage revealed repeated tropes of Orientalism in the foreign news. The journalism about this crime characterized India as a place of ungovernable violence against women, overlooking the occurrence of similar crimes in the global North and thus reasserting geopolitical hierarchies of “First” and “Third” worlds. Indian news about this crime reinforced middle-class positions and values, reflecting the changing social dynamics of 21st-century India. Violence against LGBT+ populations, aggravated after the Indian Supreme Court’s re-criminalization of non-heterosexual sex in 2013, is largely unreported in the mainstream news media, although specialized LGBT+ media channels report on it regularly. Neocolonial tropes continue to circulate in news depictions of violence against Indian women, but the rising numbers of women journalists in India seek to expand the scope and depth of reporting on gender issues.
This article analyzes journalistic depictions of violence against girls and women in Mexico in the context of several high-profile cases that have played out in the country over the past two decades. The argument is that the mainstream media uses two primary tactics to blame victims for the violence they have experienced: (a) claim that the victims are responsible for their own crimes by presenting sexist arguments that discredit their value as humans, and (b) claim that the mothers of victims of violence are also responsible for the crimes committed against their daughters by presenting sexist ideas that limit mothers and daughters to the domestic space. These tactics are used in order to continue to limit the participation of women in the public space and public life. Via interviews with mothers, activists, and journalists, this article explores the personal impact of journalistic depictions of violence against women and also looks at how journalists are working to represent women more diversely and in ways that feature their voices rather than silencing them. Part of the problem is that in Mexico, as in many countries, the mainstream media is controlled and reported on mostly by men. Given that Mexico is one of the most violent countries in the world for journalists, women are often discouraged from reporting, threatened with death, or simply made invisible because their stories are not considered important. In order to create real change in the way violence against women is represented, it is necessary to have gender parity in reporting and in ownership of media outlets. For this kind of equality to be possible, the government must offer more protection and support to journalists, and it should make gender studies courses a mandatory element of media training.
The early jury films typically portray the jury as a passive group of men who simply watch the trial with little reaction. They are meant to stand in for the viewer. The viewer, like the jury, is supposed to reach a verdict as to the defendant’s guilt or innocence. There are a few exceptions to this traditional portrayal of the jury. The exceptions involve a holdout juror who is dissatisfied with the verdict and conducts his or her own investigation. The most well known jury film, 12 Angry Men, which aired in 1957, marks a departure from these traditional and exceptional portrayals of a jury. This film is an outlier in the annals of jury films because it shows the jury at work; all the action takes place as the jury deliberates in the jury room. It also depicts an unusual scenario in which a single juror is able to stand up against the other 11 jurors and ultimately persuade them to change their votes. One reason this film has endured is that it depicts an individual’s uphill battle against a group. Another reason is that the plot has been incorporated into episodes of popular television shows so that new generations of viewers learn about it. There have been only a few modern films that focus on the jury. Some of these films return to the theme of the holdout juror who carries out a subsequent investigation to uncover the truth, whereas others show a juror who engages in misconduct or self-help in the face of a defendant who has abused the trial process. Although the focus on the holdout juror in many of these films, both old and new, provides drama, holdout jurors are hard to find in actual jury trials, especially when there are just one or two jurors who are holdouts.
Michael Leitner, Philip Glasner, and Ourania Kounadi
The most prominent law in geography is Tobler’s first law (TFL) of geography, which states that “everything is related to everything else, but near things are more related than distant things.” No other law in geography has received more attention than TFL. It is important because many spatial statistical methods have been developed since its publication and, especially since the advent of geographic information system (GIS) and geospatial technology, have been conceptually based on it. These methods include global and local indicators of spatial autocorrelation (SA), spatial and spatial-temporal hotspots and cold spots, and spatial interpolation. All of these are highly relevant to spatial crime analysis, modeling, and mapping and will be discussed in the main part of this text.
From watching imported American popular culture dramas focusing on criminal justice, French television viewers have become confused as to how their own legal system really works. They have erroneous expectations of behaviours in court, like addressing judges by the wrong title, a title that comes from poor dubbing. Or they will refuse to answer questions, thinking they have Fifth Amendment protections, when they do not. They know very little of the organization of courtroom space. Since it is forbidden by law to take photographs or film trials in France, it is difficult to bring accurate court images to the public. The French produce police dramas, but very few series or made-for-television movies on justice, thus providing no alternatives for these erroneous criteria. They do, however, produce documentaries and docudramas dealing with past investigations or with timely issues such as recidivism or reintegration into society after prison. Documentaries, although pertinent, give viewers only one-shot access to the representations of justice and the legal professions they contain. The do not facilitate the acquisition over time of a legal culture.
In addition to the confusion, the French have a negative image of lawyers as motivated by money and politics rather than justice. Films and French television fictions are responsible for this impression. Television news reports are short and give incomplete accounts of the law or on-going proceedings. Sometimes lawyers are interviewed in these reports, but never prosecutors or judges. Judges and prosecutors are magistrats, not lawyers. They train in different institutions from lawyers and are civil servants, so they are not as likely as lawyers to be making a lot of money, nor are they free to make public statements. The image of these professions is consequently more positive in the French imagination as portrayed in the popular culture.
American responses to white-collar crime, especially corporate wrongdoing, passed a turning point in 1991 with the enactment of the U.S. Sentencing Guidelines for Organizations, which adopted a “carrot and stick” approach to sentencing corporate offenders, including big incentives for companies introducing compliance programs. In the 2000s, this approach was enhanced by the enactment of the Sarbanes–Oxley Act of 2002 and the Thompson memo of 2003. In addition to the effects of the Thompson memo, federal prosecutors, learning from the fate of Arthur Andersen, came increasingly to rely on deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs) after 2005. However, the Yates memo issued in September 2015 may change Department of Justice policy on corporate wrongdoing dramatically, particularly regarding investigation and prosecution of individuals.
In thinking about and conceptualizing legal and political responses to white-collar crime, two main actors are meaningful: the corporation and the individual. Today, a corporation is criminally liable under the respondeat superior doctrine in federal criminal law, and corporate offenders are sentenced under the Organizational Sentencing Guidelines, which provide for fines, restitution, and probation as possible criminal penalties. In recent years, around 150–200 organizations have been sentenced under the Sentencing Guidelines annually.
An individual white-collar criminal may be personally liable for their unlawful acts even if the corporation itself is convicted too. Individuals may be convicted absent any showing of mens rea in rare cases (strict liability crime and “willful blindness”). In the last decade, more than 8,000 individuals were prosecuted and convicted, for around a 90% conviction rate. One effect of the Yates memo may be to shift the main target of legal and political response to white-collar crime from the corporation to the individual. New policies under the Yates memo also come with new problems, for instance, that companies may lose incentive to introduce a compliance program or may look for scapegoats to escape prosecution themselves.
Stefan Machura and Michael Böhnke
Legal themes, especially those related to crime, abound in German popular culture. This article covers some of the most politically significant and popular examples from the Weimar Republic period to present times, putting them into their social and media sector context.
Due to the country’s experience with totalitarian regimes, one main topic of popular culture is the political abuse of the law. Run-of-the-mill crime stories, of course, are a staple of literature and audiovisual media. Their appeal did not lessen in the age of the Internet. Due to genre and narrative conventions, mainstream media tend to shed a positive light on the institutions and personnel connected with the law.
Much of German fiction is heavily influenced by the example of US films and TV series, so far that they misrepresent the German legal system. Other influences shape content as well. Economic pressures rank high among them, while overt censorship was evident during the Third Reich (1933–1945) and after partition in the German Democratic Republic (GDR; 1949–1990). Highly regarded artistic works often focus on the topic of individual guilt, while lesser productions typically draw on the sensational aspects of crime detection. The ordering hand of the judge, putting things right after a tumultuous court hearing, signifies the German TV judge show (the equivalent of Judge Judy). Measured degrees of social criticism are typical for many of the better TV productions. And, despite television’s influence, novels and plays still claim a stake in popular culture.
Although US media productions dominate the international market for legal fiction, German TV shows, especially police series, became a success story as well. They project the image of the clean, unbiased, correct, and efficient police inspector. Critical films and programs aim mainly at the domestic market due to their specific issues. Nevertheless, the overall effect of German popular fiction dealing with crime and justice tends to be positive, with trust in the law being supported.
In the 1840s, cheap mass-marketed newspapers raised the relationship among the media, crime, and criminal justice to a new level. The intervening history has only strengthened the bonds, and comprehending the nature of the media, crime, and justice relationship has become necessary for understanding contemporary crime and criminal justice policies. The backward law of media crime and criminal justice content, where the rarest real-world events become the most common media content, continues to operate. In the 21st century, the media present backward snapshots of crime and justice in dramatic, reshaped, and marketed narrow slices of the world. Media portraits emphasize rare crimes like homicide, rare courtroom procedures like trials, rare forensic evidence, and rare correctional events like riots and escapes to present a heavily skewed, unrealistic picture. Significantly exacerbating this long-term tendency are new social media.
When the evolution of the media is examined, the trend has been toward the creation of a mediated experience that is indistinguishable from a real-world experience. Each step in the evolution of media brought the mediated experience and the actual personally experienced event closer. The world today is the most media-immersed age in history. The shift to new social media from the legacy media of the 20th century was a crucial turning point. The emergence of social media platforms has sped up what had been a slow evolutionary process. The technological ability of media to gather, recycle, and disseminate information has never been faster, and more crime-related media content is available to more people via more venues and in more formats than ever before.
In this new mediated world, everyone is wedded to media in some fashion. Whether through the Internet, television, movies, music, video games, or multipurpose social media devices, exposure to media content is ubiquitous. Media provide a broadly shared, common knowledge of society that is independent of occupation, education, ethnicity, and social class. The cumulative result of this ongoing media evolution is that society has become a multimedia environment where content, particularly images, is ubiquitous in the media. Mediated events blot out actual ones, so that media renditions often supplant and conflict with what actually happened. This trend is particularly powerful in crime and justice, where news, entertainment, and advertising combine with new media to construct a largely unchallenged mediated crime and criminal justice reality.
The most significant result is that, in this mediated reality, criminal justice policies are generated. What we believe about criminal justice and what we think ought to be done about crime are based on content that has been parsed, filtered, recast, and refined through electronic, digital, visually dominated, multimedia entities. Ironically, while the media are geared toward narrowcasting and the targeting of small, homogenous audiences, media content is constantly reformatted and looped to ultimately reach wide, multiple, and varied audiences.
In the end, the media’s criminal justice role cannot be ignored. Until the linkages between media, crime, and justice are acknowledged and better understood, myopic and punitive criminal justice policies will be the norm.
Meda Chesney-Lind and Nicholas Chagnon
Though it is generally given less attention than sexual assault, domestic violence is quite often depicted in corporate media products, including news broadcasts, television shows, and films. Mediated depictions of domestic violence share many of the same problems as those of sexual assault. In particular, the media tends to imply that women are somehow culpable when they are being beaten, even murdered, by their partners. News on domestic violence is often reported in a routine manner that focuses on minutiae instead of context, informing audiences minimally about the nature, extent, and causes of domestic violence. Though it is encouraging that over the past several decades the media has begun to acknowledge that domestic violence is a serious problem, this recognition is challenged by antifeminist claims-making in the media. Such challenges generally cite contested social science research as proof that feminist research on domestic violence is biased and inaccurate. Furthermore, media representations of domestic violence often supply racializing and class-biased discourses about abusers and their victims that frame domestic violence as largely the product of marginalized classes, rather a problem that affects the various strata of society. Since the 9/11 terrorist attacks, media coverage of the violence against women abroad, particularly in Islamic nations, has provided more racializing discourse, which juxtaposes “progressive” Western cultures with “backward” Eastern ones. On the domestic front, news focusing on indigenous communities replicates some of the racism inherent in the orientalist gaze applied to domestic violence abroad. Generally, the media do a poor job of cultivating a sophisticated understanding of domestic violence among the public. Thus, many researchers argue such media representations constitute a hegemonic patriarchal ideology, which obfuscates the issue of domestic violence, as well as the underlying social relations that create the phenomenon.