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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.