Badi Hasisi, Simon Perry, and Michael Wolfowicz
Over the last few decades, one of the most pressing issues for governments, societies, and the law enforcement agencies that serve and protect them has been the threat of terrorism. Given that these changes represent a relatively new area for police, it is important to understand how terrorism is best policed and what approaches, strategies, and tactics are most effective. While the evidence base is still in its developmental stages, the evidence that does exist suggests that proactive policing strategies already employed against other forms of crime are the most useful and effective for policing terrorism. Policing efforts that focus on high concentrations of crimes at places (“hotspots”), or among the high-risk offenders, and employ problem-solving perspectives and use community-based strategies show consistent evidence of effectiveness and improving relations between the police and the public. Based on this evidence, policing agencies that undertake proven, proactive strategies toward policing terrorism are better able to incorporate their new role and focus within their broader law enforcement functions. By doing so, policing agencies can expand their role and function in a way that draws on their experience and strengths, rather than “reinventing the wheel” and overstretching resources. Additionally, policing agencies from different countries can draw on their own experience and local knowledge in dealing with other forms of crime, as well as the experience of other agencies and countries, in order to develop a comprehensive and multidimensional approach to policing terrorism.
Sentencing is a complex task that involves judicial officers imposing sentences in the first instance and deciding appeals from those judges in certain circumstances. Both trial and appellate courts are usually invested with some discretion as to the nature and quantum of sentence that may be imposed. Appellate jurisdiction varies widely between countries reflecting disparate approaches to discretion, differences in the grounds of appeal, in the deference paid to trial judges and the role of prosecution in the appellate process. While most jurisdictions give defendants the right to appeal against sentence, they differ in the ability of prosecuting authorities to appeal against sentence. In some jurisdictions there is considerable asymmetry between defendants’ and prosecution’s appellate rights.
Historically, defendants’ rights of appeal preceded, and have been more extensive those of the prosecution, and traditionally, the balance has been tilted in favor of defendants. However, in a number of jurisdictions, this imbalance has been questioned. The principal arguments against prosecution appeals have centered on the concept of double jeopardy, which has long applied in substantive criminal procedure. Since the early 1980s the analogy with substantive double jeopardy has been questioned or rejected as has the double jeopardy principle itself. Justifications for the principle such as the anxiety and distress suffered by the defendant, the need for finality, the possibility of double punishment, and the abuse of power have all been re-assessed.
The case for equal or symmetrical rights rests on the basis that the law requires that error, whether in favor of the defendant or the prosecution, should be corrected as a matter of justice. A balanced appellate process can ensure consistency in, and the adequacy of, sentencing standards, provide guidance to sentencing judges, and increase victims’ and public confidence in the criminal justice system.
Although the field of international criminology has mostly employed quantitative methods to test universal theories, there is a growing recognition of the potential value of qualitative methods in understanding crime and criminal justice in a globalizing world. The difficulties in developing this field are partly practical and financial. It is difficult visiting different countries and overcoming language barriers. But there are also conceptual challenges. Criminology generally is only just starting to understand and engage with the distinction between quantitative and qualitative research methods and to discover the wide range of qualitative methods employed in interdisciplinary fields, such as education, health, environmental, media, and management studies, and to recognize that theories are important in this field.
Jonathan Grossman and Ami Pedahzur
Since 2001, unprecedented resources have been invested in research into global terrorism, resulting in a dramatic rise in the number of academic publications on the topic. Works by scholars from predominantly quantitative disciplines predominate in this literature, and the unfolding development of data science and big data research has accentuated the trend. Many researchers in global terrorism created event databases, in which every row represents a distinct terrorist attack and every column a variable (e.g., the date and location of the attack, the number of casualties, etc.). Such event data are usually extracted from news sources and undergo a process of coding—the translation of unstructured text into numerical or categorical values. Some researchers collect and code their data manually; others use an automated script, or combine the efforts of humans and software. Other researchers who use event data do not collect and process their data at all; rather, they analyze other scholars’ databases. Academics and practitioners have relied on such databases for the cross-regional study of terrorism, analyzing their data statistically in an attempt to identify trends, build theories, predict future incidents, and formulate policies.
Unfortunately, event data on terrorism often suffer from substantial issues of accuracy and reproducibility. A comparison between the data on suicide terrorism in Israel and the occupied Palestinian territories in two of the most prominent databases in the field and an independent database of confirmed events reveals the magnitude of these problems. Among the most common pitfalls for event data are replication problems (the sources that the databases cite, if there are any at all, cannot be retrieved), selection bias (events that should have been included in the database are not in it), description bias (the details of events in the database are incorrect), and coding problems (for example, duplicate events). Some of these problems originate in the press sources that are used to create the databases, usually English-language newspaper articles, and others are attributable to deficient data-gathering and/or coding practices on the part of database creators and coders. In many cases, these researchers do not understand the local contexts, languages, histories, and cultures of the regions they study. Further, many coders are not trained in qualitative methods and are thus incapable of critically reading and accurately coding their unstructured sources. Overcoming these challenges will require a change of attitude: truly accurate and impactful cross-regional data on terrorism can only be achieved through collaboration across projects, disciplines, and fields of expertise. The creators of event databases are encouraged to adopt the high standards of transparency, replicability, data-sharing, and version control that are prevalent in the STEM sciences and among software developers. More than anything, they need to acknowledge that without good and rigorous qualitative work during the stage of data collection, there can be no good quantitative work during the stage of data analysis.
Queer criminology is an emerging field of research addressing significant oversights within the disciplines of criminology and criminal justice studies—namely the limited attention paid to the criminal justice experiences of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people. Drawing from the diverse meanings of the concept of “queer”—as an umbrella identity category and as an impetus for deconstruction and political disruption—queer criminology is developing along multiple paths including research into: LGBTQ people as victims and offenders; LGBTQ people in their interactions with the criminal justice system and its agents; LGBTQ people as criminal justice agents; and the ways in which criminal justice policies may be “queered.” It has also been a site of important theoretical development regarding issues such as: the role of deconstructionist and identity-focused approaches for addressing injustice for LGBTQ people; the best place for queer criminological research to be positioned in relation to the broader discipline of criminology; and who ought to constitute the subjects of queer criminology and thus how fluid the boundaries of the field can be. Queer criminology is also developing a stronger presence in a global context. It is increasingly moving beyond the United States, Australia, and the United Kingdom where it developed, and the relevance of its insights are being tested in new political, social, and cultural contexts. As an emerging and dynamic field, queer criminology in its many forms is set to continue to disrupt criminology for some time to come, offering important insights to ensure that criminal justice knowledges and practices respond appropriately to the experiences of LGBTQ people.
The unofficial War on Terror that began in the wake of the September 11, 2001 terror attacks in the United States expanded a wide range of formal social controls as well as more informal methods of punitive control that were disproportionately directed toward Muslims, Arabs, Middle Easterners, and those who were perceived to be. Although terrorism had been racialized long before 9/11, this event galvanized American support for sweeping new policies and practices that specifically targeted racial and ethnic minorities, particularly those who were immigrants. New agencies and prisons were created, individual rights and civil liberties were restricted, and acts of hate and discrimination against those who were racially, ethnically, and religiously stereotyped as potential terrorists increased. Although research shows that most domestic terrorism is not perpetrated by Muslims, Arabs, or those originating from the Middle East, the racialized stereotype of terrorists had a major impact on how the War on Terror was executed and how its implementation affected members of certain minority groups in the United States.
Bianca Fileborn and Rachel Loney-Howes
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 (GBV) 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 “counter-public”—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 counter-public 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 critique 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.
Vigilantes have arisen at many times in different regions of the world, taking the law into their own hands as defenders, often by force, of their view of the good life against those they see to be its enemies. They have a strong attraction for some commentators and they rouse equally strong hostility in others. For yet others, who attempt to take a broader view, they are a source of deep ambivalence. Academic interest in the phenomenon has grown strongly over recent years, and this has contributed significantly to an increase in knowledge of its distribution beyond the bounds of western Europe, the United States, and particularly in many parts of Africa. Although vigilantes are most commonly male, increased evidence of women’s vigilantism has also come to light in recent years.
Vigilantism is difficult to define in rigorous terms, partly because of general problems of comparative study, but there are also special reasons in this case. Vigilantism is not so much a thing in itself as a fundamentally relational phenomenon which only makes sense in relation to the formal institutions of the state. It is in several ways a frontier phenomenon, occupying an awkward borderland between law and illegality. Many of its manifestations are short-lived and unstable, nor is it always what it claims to be. For these reasons, definitions of vigilantism are best treated as an “ideal type,” which real cases may be expected to approximate to or depart from. This approach provides the possibility of comparing different cases of vigilantism and also allows one to explore the differences and similarities between it and other “dwellers in the twilight zone,” such as social bandits, mafias, guerrillas, and resistance movements.