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Paul Cozens and Terence Love
This chapter provides an overview of the principles of Crime Prevention Through Environmental Design (CPTED). The paper focuses on the “dark side” of CPTED, a relatively underreported element to this theory, which relate to the negative outcomes that can result if CPTED is not implemented thoughtfully and equitably as a process. This chapter highlights why it is important to understand the “dark side” and provides examples of “dark-side” CPTED outcomes, such as the excessive use of target hardening, governance issues, and the use of CPTED as “crime prevention through exclusionary design.” The chapter highlights CPTED as a process, which can be enhanced to consider “dark-side” issues, using program logic models.
Taunya Lovell Banks
Crime films defy precise definition. This category includes traditional courtroom films like Witness for the Prosecution (1957), detective films like Gone Girl (2014), prison films like The Shawshank Redemption (1994), comedies like My Cousin Vinny (1992) or Find Me Guilty (2006), gangster films like The Godfather series (1972, 1974, 1990), and even musicals like Chicago (2002). Thus crime films provide an almost limitless variety of plots, characters, and settings. Adopting a very broad definition of what constitutes a “crime film”, the representation of race in crime films throughout the 20th and early 21st centuries is examined.
During much of the early and mid-20th century, crime on American Main Street silver screens was largely a white phenomenon. The absence of people considered nonwhite from early crime films is unsurprising because “whiteness is positioned as the default category, the center or the assumed norm on which everything else in American society is based. Under this conception, white is often defined more through what it is not than what it is.” Racial outsiders like African and Asian Americans, Native Americans, Latinos, and other persons considered nonwhite were not featured on America’s movie screens. If they appeared at all in early crime films it was as marginal stereotypical characters.
Stereotyping, when used in film, is designed “to quickly convey information about characters and to instill in audiences expectations about characters’ actions.” During the early days of American films nonwhites were encoded with negative, often criminal, stereotypes. In silent films like Birth of a Nation (1915), for example, African American men were depicted as rapists and violent brutes. Mexicans in The Greaser’s Gauntlet (1908) and Guns and Greasers (1918) were depicted as criminals. Silent films like The Massacre (1912) and The Battle of Elderbush Gulch (1913) portrayed Native Americans as lawless savages, an image reinforced throughout the 20th century by western films. In The Cheat (1915) Japanese male immigrants were depicted as wily sexual predictors. The stereotypes attributed to ethnic Chinese were slightly different and more exaggerated. Films like The Heathen Chinese and the Sunday School Teacher (1904) and The Yellow Peril (1908) demonized Chinese immigrants as villainous predictors. In episode 13 of the film serial The Exploits of Elaine (1914) the protagonist, Pearl, “[t]rapped in a lair of Chinese devil worshipers . . . is spared rape, a fate worse than death, in favor of ritual sacrifice to an Oriental demon who demands a bride ‘blond, beautiful and not of our race’.” Although nonwhites’ conduct was criminalized in these films, the films themselves were not crime films.
Despite a growing consensus that “mass incarceration” in the United States has reached unacceptable levels, there has been little movement in its decline. National imprisonment rates seem to have stabilized and will remain so absent a major decarceration effort. To implement such a decarceration effort requires a strategic plan that will lower prison admissions and lengths of stay for all prisoners—especially those convicted of violent crimes. It will also need to reduce the more pervasive nature of other forms of correctional control (jails, probation, and parole). Such a strategy, which relies upon current and past policies, is entirely feasible. But to take hold on a national level, the plan must negate economic and public safety concerns that favor maintaining high imprisonment and correctional control rates.
White-collar crime has not developed in a linear way as an academic subject. Its definition remains contested, between those who consider that, when deciding on the boundaries of what we can explain, we cannot depart far from the decisions of criminal courts and, at the other extreme, those who substitute “social harm” for “crime” and see the theoretical task as explaining why criminal justice reacts far more severely to the less socially harmful acts. Most scholars are somewhere closer to the legalistic view, except that they substitute convictability for conviction, though convictability may be disputable except where there is a Deferred Prosecution Agreement or an agreed statement by the corporation. Individual, organizational, and cultural explanations of white-collar offenses are considered and are complementary, depending on the research question to be explored. Incomplete or distorted datasets are commonplace, but the increasing number of life course studies of white-collar criminality show that serious white-collar (and organized crime) offending typically has a later onset than other crimes. This may be due to established professionals being recruited as ‘enablers,’ and/or that a certain maturity is necessary to act as a credible borrower or investment intermediary, depending on the crime.
An important dimension of white-collar crime explains the decisions about formal and informal social control as ways of dealing with misconduct. These decisions range from detailed analysis of individual cases and patterns in a financial and/or industrial/service sector to macro explanations such as intentional or neglectful police/prosecutor resource starvation and protection of elites in neo-liberal societies. Some of the strategies are affected by whether regulator/regulatee relationships are repeat players progressing up the regulatory pyramid, or whether they are outsiders or intentional harm-doers, who may be less likely to be deterred or reformed by engagement with the regulators.
Ronald V. Clarke
Situational crime prevention is radically different from other forms of crime prevention as it seeks only to reduce opportunities for crime, not bring about lasting change in criminal or delinquent dispositions. Proceeding from an analysis of the circumstances giving rise to very specific kinds of crime and disorder, it introduces discrete managerial and environmental modifications to change the opportunity structure for those crimes to occur—not just the immediate physical and social settings in which the crimes occur, but also the wider societal arrangements that make the crimes possible. It is therefore focused on the settings for crime, not on delinquents or criminals. Rather than punishing them or seeking to eliminate criminal dispositions through improvement of society or its institutions, it tries to make criminal action less attractive. It does this in five main ways: (1) by increasing the difficulties of crime, (2) by increasing the immediate risks of getting caught, (3) by reducing the rewards of offending, (4) by removing excuses for offending, and (5) by reducing temptations and provocations. It accomplishes these ends by employing an action research methodology to identify design and management changes that can be introduced with minimum social and economic costs. Central to this enterprise is not the criminal justice system but a host of public and private organizations and agencies—schools, hospitals, transit systems, shops and malls, manufacturing businesses and phone companies, local parks and entertainment facilities, pubs and parking lots—whose products, services, and operations spawn opportunities for a vast range of different crimes. Some criminologists believe that the efforts that these organizations and agencies have made in the past 20 or 30 years to protect themselves from crime are responsible for the recorded crime drops in many countries.
Situational crime prevention rests on a sound foundation of criminological theories—routine activity theory, crime pattern theory, and the rational choice perspective—all of which hold that opportunity plays a part in every form of crime or disorder. There is therefore no form of crime that cannot be addressed by situational crime prevention. To date, more than 250 evaluated successes of situational crime prevention have been reported, covering an increasingly wide array of crimes including terrorism and organized crimes. Many of the studies have found little evidence that situational interventions have resulted in the “displacement” of crime to other places, times, targets, methods, or forms of crime. Indeed, it is commonly found that the benefits of situational crime prevention diffuse beyond the immediately targeted crimes. Despite these successes, situational crime prevention continues to attract much criticism for its supposed social and ethical costs.
Lizzie Seal and Maggie O'Neill
Transgressive imaginations refers to the breaking of rules and taboos including, but not limited to, acts of crime and violence as they are represented in fictive texts and ethnographic research. The focus here will be on the fictive, rather than ethnographic, element. Transgression can be understood not only as exceeding boundaries or limits but as resistance, protest, and escape. Particularly apposite is the portrayal of “heroes” and “villains” in different cultural forms, and how these contribute to popular understandings.
Cultural portrayals of those who transgress societal norms are frequently stigmatizing, and label them as mad, bad, and abject. However, the analysis of transgression also entails radical democratic possibilities, whether this is through research that challenges restrictive stereotypes and normative assumptions, or the means through which those labeled “outsiders” defy their marginalization. Cultural representations of transgression are not necessarily supportive of culturally dominant or conservative positions and can instead offer new ways of imagining social identities and social change. The ways in which transgression is imagined can both construct and challenge moral boundaries.
True crime reporting was extremely popular in early modern England (ca. 1550–1800). Depending on when this literature was written, and the audience it was intended to attract, the sub-genres of true crime writing took the form of small pamphlets, broadsides, rhyming ballads designed to be sung to a familiar tune, ministers’ accounts of criminals and repentance, collections of trials, newspapers, and biographies of professional criminals. In addition to being inherently shocking and entertaining, this literature served as cautionary, religious, and morality tales that reflected on serious crime as one of the signs that English society had become ignorant, irreligious, and immoral. These tales of true crime could be used to remind a wide readership of the wages of sin, and of the role of the community, church, and state in bringing about justice for criminals and their victims. In a society that placed significant restraints on sexual, personal, and religious freedoms, and exhorted obedience, deference, hard work, sexual restraint, and abstinence from all forms of vice, true crime literature could help to restore order and balance to society. To accomplish these various goals, the authors of true crime literature were not very faithful reporters, often embellishing criminal deeds, publishing small portions of much lengthier cases, or fabricating facts as needed to fill in unknown details or to improve readers’ fear of and education about the criminal element that surrounded them. As this literature developed in the 18th century, its authors became famous for reporting about infamous criminals in semi-biographical novels, thus merging true crime literature with fiction and giving rise to another genre of crime literature by about 1800.
Arthur J. Lurigio and Elizabeth Maine Ellis
Civil abatement involves the use of non-criminal remedies to address crime and public disorder in communities. Such remedies can hold accountable nonperpetrators of criminal activities, such as property and business owners, if those activities occur on the premises of the buildings or establishments that they are responsible for managing. Known as third-party policing, civil abatement strategies can also seek equity for non-criminal behaviors (e.g., standing in a public way), which are deemed to pose a threat to public safety, disrupt social order, and precipitate subsequent crimes. For example, antigang and antidrug ordinances are designed to alter situations or environments that provide opportunities for criminal activities. By bringing petitions to the civil courts, injunctions can be issued against the agents of public nuisances, such as known gang members who threaten the public by loitering on the streets or drug sellers who operate clandestinely from apartment buildings or drinking establishments. Violations of court injunctions can result in the closure of a property, the loss of a liquor license, or an arrest.
The uses of civil remedies to curtail or eradicate gang and drug activities have been challenged in the courts. For example, antiloitering ordinances have been found to be too vague in their proscriptions, too broad in their scope, and too nebulous in their targeting of residents. Such ordinances have also been found in violation of First or Fourteenth Amendment Rights. Nuisance abatement programs to reduce drug selling on private properties have resulted in modest successes in terms of enlisting property owners’ cooperation in evicting dealers from apartment buildings and appear to be effective with only an issuance of warning letters to landlords.
Tackling racism in prisons has a relatively long policy, practice, and research history in England and Wales. However, clear evidence of success in reducing racism in prisons has been, and still is, difficult to find. This article is based on a unique study that was carried out either side of the new millennium (late 1999 to mid-2001), but no equivalent exercise has been repeated since. Due to a unique set of circumstances at the time the study was carried out, it became possible to employ an action research approach that required policymakers, practitioners, volunteers, and researchers to agree on: an emergent research design; implementation; intervention; and measurement. There are many forms of action research, but this study could best be defined as a “utilization-focused evaluation, which is particularly applicable to the criminal justice environment. This approach also included elements of participatory action research.” The emphasis here is to show how the action research approach can be both more systematic and more flexible than traditional social science approaches. This applies to both epistemological and research methods considerations, because, by combining theory and action, action research can provide a more viable way of ensuring that policy works in practice, and is sensitive to unique institutional exigencies. Throughout, discussion is contextualised using policy, research and methodology texts from the period when the research was commissioned, but given an overall methodological context by referencing more recent methodology text books.
The article first outlines the context in which the action research study was commissioned, before providing a summary of the international research findings on race relations in prisons, from which key concepts for the project were initially operationalized. The chapter then explains how the specific participatory action research approach was selected as the most appropriate design, the extent to which the approach was successful, and why. The article ends with a discussion of the implications of findings and conclusions from this study for current policy and methodological approaches.
What is a “snowball”? For some, a snowball is a drink made of advocaat and lemonade; for others, a mix of heroin and cocaine injected; for yet others, a handful of packed snow commonly thrown at objects or people; for gamblers, it refers to a cash prize that accumulates over successive games; for social scientists, it is a form of sampling. There are other uses for the term in the stock market and further historical usages that refer to stealing things from washing lines or that are racist. Clearly then, different people in different contexts and different times will have used the term “snowball” to refer to various activities or processes. Problems like this—whereby a particular word or phrase may have various meanings or may be interpreted variously—are just one of the issues for which cognitive interviews can offer insights (and possible solutions).
Cognitive interviews can also help researchers designing surveys to identify problems with mistranslation of words, or near-translations that do not quite convey the intended meaning. They are also useful for ensuring that terms are understood in the same way by all sections of society, and that they can be used to assess the degree to which organizational structures are similar in different countries (not all jurisdictions have traffic police, for example). They can also assess conceptual equivalence. Among the issues explored here are the following:
• What cognitive interviews are
• The background to their development
• Why they might be used in cross-national crime and victimization surveys
• Some of the challenges associated with cross-national surveys
• Ways cognitive interviews can help with these challenges
• Different approaches to cognitive interviewing (and the advantages of each)
• How to undertake cognitive interviews
• A “real-world” example of a cognitive interviewing exercise
• Whether different probing styles make any difference to the quality of the data derived.
Using Naturalistic Observation to Develop Crime-Control Policies in Nighttime Entertainment Districts
For the last 20 years, research based on the idea that opportunities for crime are related to specific times and places has informed crime-control policies in nighttime entertainment districts. In order to examine crime in these areas, many studies have relied on large data sets that associate city- and neighborhood-level factors with crime and delinquency. These studies have helped us understand the importance of environmental and situational factors, as well as the impact of changes in legislation and regulations to control alcohol availability (e.g., reducing the density of alcohol outlets and trading hours) and the implementation of interventions in licensed premises to reduce intoxication and disorder. However, when informing crime-control policies, the use of alternative methods to examine entertainment districts, such as naturalistic observations, can be vital. Because nighttime entertainment districts are extremely complex environments, observation is useful to examine and identify situational factors and local dynamics that increase or decrease the opportunities for crime in specific places. Observational methods can be particularly useful to understand the context in which criminal behavior and aggressive incidents occur, the interplay of situational risk factors specific to a public drinking environment, and the social and cultural factors (e.g., the relationship between police, staff, and customers) that can facilitate or challenge the implementation of crime-control strategies in these multifaceted contexts.
Naturalistic observation is a data-collection method that involves accessing the field to systematically record and describe features of the space, people’s characteristics and patterns of movement, individual behaviors, and exchanges between actors in natural settings. It can be used in both quantitative and qualitative designs, although in different ways. In entertainment districts, researchers have used this method to understand crimes that are underreported and underregistered, such as sexual harassment, and to study patrons’ behaviors in licensed premises and surrounding streets, as well as staff management practices and control strategies. While they have some limitations, such as the fact that information is filtered by what observers see and how they interpret events, observation methods can uniquely contribute to the development of crime-control policies in entertainment districts by focusing on specific situational and cultural factors relating to violence and crime at a local level, as well as suggesting differentiated responses to the types of incidents that take place in these settings.
Bianca Fileborn and Rachel Loney-Howes
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.
The development of social media, and Web 2.0 more broadly, has revolutionized all aspects of our social, cultural, and political lives. Notably, social media and online platforms have opened up space for resisting gender-based violence in a way that, in some respects, was not possible “offline.” Some authors, drawing on Nancy Fraser, have conceptualized online spaces as a form of “counterpublic”—a site in which collective and individual resistance to, and contestation of, dominant norms is enabled. Given the well-documented trajectories of victim-blaming and the perpetuation of various myths and misperceptions in relation to gender violence, social media spaces can function as a counterpublic or countercultural forum in which victim-survivors can give voice to their experiences in their own words, and in doing so challenge persistent norms and stereotypes. Such practices have been documented across the Global North and South, with the potential of social media as a space of resistance and contestation most recently evidenced by the #MeToo global phenomenon, which was preceded by a string of digital activist efforts such as SlutWalk, Hollaback, #WhyIStayed, and #EndRapeCulture.
Yet, the use of digital platforms to resist gender violence brings with it a range of concerns and limitations. While some activists and victim-survivors are able to harness social media to share experiences and be heard, the ability to do so continues to be shaped by factors such as age, (dis)ability, sexuality, socioeconomic status, race, and geographical location. Online resistance has likewise faced critiques for actively reproducing certain myths and stereotypes about gender violence, or for providing a limited or partial picture of what this violence “is.” This suggests that only certain victim-survivors and experiences are recognized and validated as such online. In addition, online disclosure and the “naming and shaming” of perpetrators raises serious concerns regarding due process and “vigilantism.” Moreover, social media spaces can themselves be sites of gender violence, with the routine harassment and abuse of (particularly) women online increasingly well documented. Together, such perspectives illustrate the complex, nuanced, and deeply political role of social media as a site of resistance to gender violence.
Vengeance or revenge has been characterized in popular culture in a range of different ways. Within theories of criminology and social psychology, its relationship to retribution has been examined along with notions of deterrence and rehabilitation. Vengeance has been prevalent within a range of various belief systems as well as in myths, legends, and sacred texts. While vengeance seems to be a feature in all cultures, its acceptance as an appropriate response has been less than clear. It has been weighed alongside a preference for forgiveness, and tensions between these two options against harm have come to the fore in more recent times.
A distinction can usefully be made between vengeance undertaken by the state and the community on the one hand, which might be termed the revenge of the legal process and that exacted by the individual or family. The vengeance theme has been a major feature of Western culture in its expression in Greek literature and theater, through classical authors like Shakespeare and Racine to the present day. There is a link to popular literature as well as the more elusive world of popular theater and its occasional forays into the revenge theme.
The major expression of revenge within mass cultural forms, however, has been in film. Initially production codes prevented revenge being shown as having a successful outcome. Since the 1970s, however, a major modern version of portraying revenge that recurs within modern cinema throughout the world has been the vigilante film. This model of vengeance operates on the notion of an individual responding to the failings of the official system of securing proportionate or effective retribution. There are particular recurring features in these films including a disruptive random unlawful event, the law taking its course, a system malfunction, a trigger to revenge, and a coda stressing the efficacy of vengeance. Along with this is a significant subgroup within the cinema of personal revenge, the rape-revenge film. There has been extensive scholarship on this type of film and its rather different elements. A distinction can be made on the basis of the nature and perceived audience between this trope and the wider world of vengeance movies.
There has been relatively limited coverage of the revenge theme in television. The changes in the forms of media provide fresh opportunities for coverage of the vengeance theme in the 21st century. The contrast between the community approach of law and that of the individual seeker after revenge are formally different, but in the end they both involve elements of vengeance.
Timothy Rowlands, Sheruni Ratnabalasuriar, and Kyle Noel
A product of the military-industrial complex, from the origins of the medium, video games have been associated with violence. As they have become increasingly popular, finding their ways into many households in the United States and around the world, video games have come under increasing scrutiny for the graphic depictions of violence and sexuality some present. An overview of the history of video games suggests this is not a recent problem. As early as 1976, there has been public outcry for regulation of the industry to prevent antisocial content from findings its way into the hands of children. While some politicians, newsmakers, and activist attorneys have stirred up moral panics in response, courts in the United States have generally remained dispassionate. Unmoved by the inconsistent research exploring the connection between video games, aggression, violence, and crime, these courts have insisted on a hands-off approach in order to avoid infringing upon freedom of speech. Nevertheless, likely unrelated to this question of transference, video games have created new venues for the commission of real criminal acts such as fraud and harassment. This points to the ways video games and the virtual worlds they sometimes present have become very real and meaningful parts of everyday life for many people.
Debate surrounding the impact of media representations on violence and crime has raged for decades and shows no sign of abating. Over the years, the targets of concern have shifted from film to comic books to television to video games, but the central questions remain the same. What is the relationship between popular media and audience emotions, attitudes, and behaviors? While media effects research covers a vast range of topics—from the study of its persuasive effects in advertising to its positive impact on emotions and behaviors—of particular interest to criminologists is the relationship between violence in popular media and real-life aggression and violence. Does media violence cause aggression and/or violence?
The study of media effects is informed by a variety of theoretical perspectives and spans many disciplines including communications and media studies, psychology, medicine, sociology, and criminology. Decades of research have amassed on the topic, yet there is no clear agreement about the impact of media or about which methodologies are most appropriate. Instead, there continues to be disagreement about whether media portrayals of violence are a serious problem and, if so, how society should respond.
Conflicting interpretations of research findings inform and shape public debate around media effects. Although there seems to be a consensus among scholars that exposure to media violence impacts aggression, there is less agreement around its potential impact on violence and criminal behavior. While a few criminologists focus on the phenomenon of copycat crimes, most rarely engage with whether media directly causes violence. Instead, they explore broader considerations of the relationship between media, popular culture, and society.
Visual criminology emerges from a call to rethink the manner in which images are reshaping the world and criminology as a project. The mobility, malleability, banality, speed, and scale of images and their distribution demand that we engage both old and new theories and methods. Visual criminologists pursue a refinement of concepts and tools as well as innovative new ones to tackle questions of crime, harm, culture, and control. Concerned with how ways of seeing are foundational to social orders, visual criminology gives close attention to the production of crime’s power and spectacle in the visual field and relies upon emergent conceptual terms and vocabularies to do so. It insists that it is no longer possible to understand crime and control separately from how they are represented. Visual criminology is born as an alternative academic space that is neither supplementary nor secondary to mainstream social science; rather, it calls us to understand the power of crime and punishment beyond the written and numeric registers of reports, studies, and research.
The concerns of visual criminology are numerous. Visual criminologists are interested in the role of vision and the visual in the historical foundations of criminology as a discipline. They push crime and media scholars to investigate more deeply the role of the image itself, beyond conventional studies of crime and media. Using a growing and sophisticated set of theories, methods, and concepts, they track how the various optics of criminology and criminal justice (defined by disciplinary, institutional, and epistemological boundaries) are produced, culminating in popular and scientific perspectives that inevitably bring certain principles, claims, and possibilities into the line of vision and omit others. They also give attention to how these optics are contested and transgressed. Focal points of this work span a variety of media and artistic modes that continue to grow at an unprecedented rate: photodocumentary, photoethnography, new and social media, interactive and social documentary, architecture, data visualizations, design, conceptual and performance art, mixed media, theater, embodiment, spatialization, surveillance and aerial/satellite/drone technology, graffiti and urban aesthetics, ruins and dark tourism, models, exhibitions, and imaginative interventions to envision crime and punishment otherwise. Even as this visual focus expands the disciplinary tools and insights of criminology, it also broadens the field’s boundaries, drawing from a rich theoretical terrain of interdisciplinary studies.
There can be no doubt that criminology has taken something of a visual turn, as evidenced by increasing numbers of articles, conference panels, edited volumes, monographs, and seminar series that support visual research within criminology and related fields (Brown, 2014; Carrabine, 2012; Brown & Carrabine, 2016; Lippens et al., 2013). This development has come with important calls for both direct, empirical engagement with images, as well as new methodological approaches that mobilize images for a “politically charged analysis” (Hayward, 2010, p. 3). While visual criminology, as it has come to be known, has taken up the importance of the image, the issue of representation, and the photograph, it has been slower to engage on the terrain of visuality, a concept that can sometimes slip into shorthand for the realm of the visual, but which means something more closely resembling an authorized view of society and history (Mirzoeff, 2011a). Visuality is the production, representation, and naturalization of state power that at once fabricates order and, in doing so, organizes the available vocabularies for describing and challenging it. Visuality is a mechanism by which the quotidian violence underwriting authority is made illegible and unseeable. a process that relies on knowledge production for legitimacy and consent.
It is here, at the intersections of visuality’s naturalization of the everyday violence of law and its naturalization of an authorized constellation of ideas and terms from which to draw meaning about the world, that the role of criminology must be considered. As a science of crime and punishment, criminology is both subordinate to the terms and ideologies of the state and continually reproduces and reifies those terms by providing the gloss of scientific objectivity. Criminology is largely managerial and reformist, a discipline dependent on the state as much for grant monies and evaluation projects as for the very normative terms of study—crime, law, punishment—that underwrite its very existence and relevance.
Yet, the relationship between criminology and visuality is not one of wholehearted subservience and hegemony. Even as the discipline should be understood as an important intellectual prosthetic in the state’s fabrication of social order through technologies of illumination, capture, and mapping, visuality is never complete and criminology is not uniform. Indeed, criminology has an established if uneven lineage of radical interventions into the common sense of state violence. The question remains open as to the role criminology might play in enacting counter-visuality, an intellectual and political project aimed at inscribing in the social body the capacities to render such violence legible.
It is often stated that it is not possible to completely understand genocide: its horror and suffering defy complete representation. For those not immediately affected by the horror, representations of genocide through photography and film are often the primary form through which genocide is encountered. It is possible to discern two key questions underpinning scholarship that engages with representations of genocide in photography and film: First, to what extent can photos and film document and thereby provide evidence of genocide? One version of this question is linked to that of examining “truths” about genocide—whether genocide occurred and understanding its intricacies. Another leads to questions about the role of photography as evidence and its limits in providing “truths.” The second central question in the scholarship concerns the role that photos and film hold in bearing witness to genocide. Here, the scholarship tends to be framed not so much a question as an impetus to “never forget” or “never again.”
During the Khmer Rouge genocide, somewhere between 1.5 and 2.25 million people were killed. While most killings do not meet the legal elements of genocide, the event is nevertheless colloquially known as genocide. Among the most known photographs from the period are the photographs taken at the security center S-21. Today, they stand as representative of the victims of the Khmer Rouge and have appeared at genocide museums, research archives, institutions of art, and as illustrations for various legal claims. The debates that have accompanied these appearances are illustrative of the debates on images of genocide more generally, focusing on, for example, limits of representation, the appropriate place for such photographs. and claims of voyeurism. Numerous films have been made about the Khmer Rouge period, some of which have been major commercial successes, others have been independent documentaries. Films such as The Killing Fields and The Missing Picture can be seen as bearing witness to the genocide, whereas documentaries such as S21: The Khmer Rouge Killing Machine pose intricate questions about responsibility. Finally, it is noteworthy to pay attention to the way film appears within criminal proceedings, as this sheds light on the different understandings of evidence when the task is to bear witness and assign responsibility.
How do we account for the place that the Nuremberg trials have come to occupy in American popular memory, culture, and discourse? For some observers, the Nuremberg trials, conducted at the end of World War II, represent an exemplary, and thus to be celebrated, first effort to establish international norms of conduct between nations in the wake of unimaginable atrocity. Rather than exercising arbitrary or indiscriminate retribution, the war’s victors turned to law for redress against Germany and in the process laid the foundation for a normative framework that might subsequently be employed to adjudicate global conflict. Little appreciated in such legal-centric accounts of the impact of the trials or explanations of their lasting importance is the role of visual texts in the proceedings and, more specifically, the prosecution’s use of concentration camp liberation footage to provide evidence of Nazi criminality. In the context of the trials, these texts established a certain regime of truth, fortified a particular moral position, and fixed as self-evident Nazi lawlessness. Significantly, they have since come to securely anchor what people believe animated the trials’ legal arguments and thus what the trials were about. To understand, therefore, the place that the Nuremberg trials have come to occupy in popular memory, culture, and discourse, one must consider how the prosecution incorporated and used visual texts and how these texts then helped shape not only popular renderings of the postwar proceedings but an enduring belief in the magically transformative nature of law to counter (Nazi) evil and reestablish humanity’s common bonds.
Studies of white-collar crime have largely focused on the crimes and immoral and unethical actions of adults during the course of their legitimate occupations, yet adults are not the only offenders, and white-collar crimes don’t always require employment. By narrowing the focus to who can offend, we may miss out on a fuller understanding of the phenomenon. The specific category of “white-collar delinquency” has been proposed to address this gap in the research. The original conceptualization of white-collar delinquency focused on crimes of juveniles that are of major financial and social consequence. The concept largely focuses on computer crimes, fraud, and crimes of skill, including piracy, securities fraud, espionage, denial of service attacks, hacking, identity fraud, dissemination of worms and viruses, and other crimes that can result in serious economic harm. Just as juveniles engage in conventional street crime offenses as do adult offenders, they also possess the ability to engage in white-collar offenses as do adult offenders, and there is a need to study the two age groups separately, as motivations, influences, and opportunities may differ.
The literature thus far has largely ignored juvenile involvement in white-collar crimes due to the nature of the phenomenon, the reliance on offender-based definitions, and the presumption of opportunities to engage in the actions. Some white-collar offenses that were historically committed exclusively by adults have a place in the juvenile community as well. This “migration” has taken place for a number of reasons, with the majority of them closely tied to the nearly limitless access juveniles currently have to technology. Due to the overwhelming popularity of personal computers in homes and marked advancements in technology, opportunities for hybrid white-collar crimes (e.g., credit card fraud, identity theft, hacking, phishing, general fraud, intellectual property theft, financial/bank fraud) have dramatically increased, yet criminological studies focusing on technology related crimes have, until recently, been relatively sparse, and studies of fraud have predominately focused on characteristics of the victims as opposed to the offenders. As access to computers and the internet grow, so too do opportunities to engage in these types of crimes. Juveniles are able to interact with others from the privacy of their own homes with the benefit of complete anonymity. This anonymity may contribute to the appeal of computer-related delinquency, as such acts involve almost no confrontation and no violence, and are individualistic in nature. These individualistic crimes may attract those who would normally avoid more conventional crimes that involve confrontation. Technology has opened the door for a new type of offender and new types of offending.
Although it is difficult to identify an exact dollar amount, financial losses from serious computer crimes such as audio, video, and software piracy; security breaches; and intellectual property theft are likely to exceed the financial losses from conventional crimes, and it is therefore imperative that more attention be given to these types of crimes and perpetrators. Theoretical explanations for this new category of crime have not yet been fully explored for many reasons. First, technology advances much faster than the laws regulating behavior. Second, apprehension and prosecution for crimes of technology are relatively low, and thus little data exists for theory testing with these crimes and offenders. Finally, computer and technology crimes fall into a gray area; they are not necessarily either property crimes or traditional white-collar crimes. In criminology, computer crimes tend to fall into a “hybrid” or “other” category of white-collar crime and as such are often ignored in studies on white-collar crime. Furthermore, juveniles are often overlooked in white-collar crime research due to their status and limited access to opportunity. By proposing the term “white-collar delinquency,” researchers hope to bring more focus to the understudied topic of juveniles engaging in crimes of serious economic consequence.