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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.
Rachel Boratto and Carole Gibbs
Wildlife crime is an area of study typically defined from a legalistic perspective as an act in contravention of laws protecting wildlife. These crimes occur both within and across national borders and may include trafficking in wildlife or wildlife products. Internationally, wildlife crime is regulated by a series of conventions, with CITES being the most important for the regulation of trade. While these conventions are international in scope, they must be administered by signatory nations through domestic laws. Domestic laws are enacted within local contexts and are as varied as the crimes themselves, regulating hunting, transportation, use, and sale of wildlife. Several international organizations (e.g., INTERPOL) facilitate collaboration between countries, but these organizations do not have law enforcement authority, so enforcement occurs primarily at the domestic, state, and regional level, following the domestically enacted law.
Scholars have taken a variety of approaches to define and understand various types of wildlife crime and criminals. Some have used a stage-based approach to develop typologies of wildlife crime based on the location of the crime or the criminal within the supply chain, while other criminal typologies are based on underlying motivations. In addition to typological approaches, more general theoretical frameworks (e.g., opportunity theory) have been used to explain these motivations and drivers of crime. More broadly, wildlife crime can be situated and understood within overarching theoretical perspectives, including Green Criminology and Conservation Criminology. Green criminologists define wildlife crime in terms of harm to animals, regardless of whether the act was against the law, and examine how power and inequality produce these harms. Conservation Criminologists, on the other hand, advocate taking an interdisciplinary approach to systematically define and understand environmental risks, including those related to wildlife.
The diversity of perspectives and approaches has produced a wildlife crime literature that is extremely varied, ranging from research on hunting and poaching to trafficking and enforcement. The continued pursuit of novel theoretical perspectives and methodological practices is necessitated by persistent criminal threats to wildlife, particularly to endangered species. Scholar must therefore continue to develop, test, and refine theory and methodological approaches in order to empirically guide wildlife conservation strategy.
It is without doubt that the 21st century is marked by ever-present 24-hour media. Mobile phones, iPads, and Wi-Fi networks mean that many people in many different parts of the world are “connected” to each other and to global events as they happen in ways not really imagined less than a century ago. Of course the nature of this connectivity is variable. It dominates more in some parts of the world than others, in urban areas more than rural, among wealthier communities more than poorer ones, and perhaps among younger people more than older people. Such variations notwithstanding, it is the case that the minute-by-minute live reporting of events, as they happen, exposes the nature of those events to people not necessarily close to them or impacted by them, albeit vicariously. Such exposure means that people are potentially witnesses to events and images they would not otherwise have experience of. It is within this context this article considers the concepts of victim, witness, and the linkages between them.
The concept of the witness has a varied history, from its presence in the law, to its connections with religious affiliation, to its legacy in experiences of atrocity. These different historical legacies are suggestive of different claims to victimhood. Simultaneously, these different claims to the status of victim (who constitutes a victim and under what conditions) have become conflated. In mapping the trajectories of each of these concepts, it is possible to discern considerable fuzziness in the relationship between victim and witness, suggestive of a continuum from the victim as witness to the witness as victim. Moreover, when these two concepts are put in such a relationship with each other, it is possible to observe how transgressive capacity takes its toll on people, how to make sense of the issues that concern them, and how best to respond to those concerns. This article considers the questions posed by the relationship between being a victim and being a witness, paying particular attention to who is and who is not considered to have a legitimate claim to victim status, and the role of ever-present media coverage in contributing to such claims and/or even creating them.
Women and white-collar crime is a topic that has, overall, received little attention in the literature. Initially, women were omitted from discussion and research because of their lack of participation, though some early commentary focused on victimization. When Edwin Sutherland first drew public and academic attention to white-collar crimes, few women were employed in positions that were conducive to commit elite crimes related to occupations or professions. According to Sutherland, white-collar crime involved professional men in positions of trust. From 1939 until the 1970s, work on white-collar offenders and offenses was male-centric, which included both scholarly researchers who were exploring the topic and males committing the majority of crimes. Corporations and respected professionals, not women, were presented with a multitude of opportunities to engage in white-collar crimes with little or no serious consequences. Primarily male corporate executives, politicians, and medical professionals committed white-collar crimes that included, for example, activities such as price fixing, insider trading, bribery, insurance fraud, and Ponzi schemes.
Women, who lacked opportunity outside the private sphere of the home, were less involved in crime overall and certainly were in no position to commit white-collar offenses. In the 1940s and 1950s, female crime was typically viewed as promiscuous, aberrant, and male-like behavior. Eventually, in the mid-1970s as more women moved into the public sphere seeking employment, early predictions by female scholars suggested that an increased involvement in white-collar crime was inevitable. The types of crimes committed by women, as noted by pioneering female scholars, were likely to expand beyond prostitution, check kiting, and shoplifting to white-collar offenses as opportunities became increasingly available in the public sphere. Gender inequality in most criminal endeavors continues to exist and more recent debates continue about the role of women in white-collar crime.
Steven Tombs and David Whyte
From the best estimates we have, workers die as a result of health and safety crimes at perhaps 70 times the rate of people who are murdered and perhaps 15 times the rate of people killed in car accidents. Yet health and safety crimes are not the typical subject matter for criminology simply because they are not interpersonal crimes. Yes, individuals are involved, but health and safety crime always requires us to look beyond individual actors playing out a criminal event in a self-contained crime “scene.” This chapter provides a detailed overview of how safety crimes might be regarded as crimes of violence, and explores in detail the way scholars have characterized the regulation of those crimes. It closes by providing a theoretical and empirical description of the “political economy” approach to understanding safety crimes with reference to the case of a young English worker, Simon Jones, who was killed at the hands of his employer.
The concept of a “wound culture” was introduced, in the later 1990s, to provide an alternative description of contemporary society, and, more exactly, to set out an alternative account of the modern and contemporary forms of crime and violence, and the forms of media and institutions, proper to this type of world. In short, the concept redescribed new species and scenes of death and life in a public culture in which addictive and spectacular bodily violence has become public spectacle. Moreover, the paradoxes of self-amplified violence make visible wound culture’s autotropic, or self-turned, character. They raise the question of how we live in, and with, autotropic violence, and how such a world renders its own reality comprehensible to itself. Self-torn forms of life and death become perspicuous, and appear on countless stages throughout our self-reporting world. These are some of the forms though which wounds communicate, and some of the modes in which wound culture itself becomes a medium.