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Article

Julie Anne Laser-Maira, Charles E. Hounmenou, and Donna Peach

The term commercial sexual exploitation of children (CSEC) refers to the for-profit sexual exploitation of children and youth through buying, trading, or selling sexual acts. CSEC is a subset of children and youth who are victims of human trafficking or trafficking in persons (TIP). The Stockholm Declaration defines CSEC as a form of coercion and violence against children that amounts to forced labor and a contemporary form of slavery; there are many forms of CSEC, including child prostitution, child marriage, early marriage, forced marriage, temporary marriage, mail-order brides, child labor, child servitude, domestic servitude, begging, massage, sex tourism, child pornography, online streaming of sexual abuse, sexual extortion of children, and sexual solicitation of children. Not all experiences of sexual servitude are globally recognized. It is critical to explore the concepts of race, inequality, power, culture, and globalization and how they impact the commercial sexual exploitation of children.

Article

Crime is a distinctly European concept that was institutionalized into the criminal justice system through the penal code, created in the 1700s by founding theorists of criminology’s classical school of thought. In practice, crime is a concept that limits what can be defined as harmful and violent. Written at the height of Europe’s genocidal colonial wars and chattel slavery, the penal code excluded, and continues to exclude mass atrocities and violations committed through these institutions. Since criminal justice institutions were birthed through and spread by Western Europe’s colonial wars around the globe, the study of colonialism, crime, and social control requires a re-evaluation of the pillars of Western European thought and the peculiar colonizing economies and punitive praxis that produced the criminal justice system. Through an anticolonial, genealogical framework scholars and researchers can better locate criminal justice institutions, practices, and concepts within their colonial contexts, allowing for a more thorough understanding of how history, power, politics, and economy shape crime and practice social control in the 21st century. At the core of an anticolonial study of crime and social control is an understanding that Europe’s crime-concept depends upon institutionalized constructions of dangerousness for colonized people and nations, and lack thereof, for colonizing people and nations. Dangerousness, as defined by colonial renditions of race, gender, sexuality, ability, class, nation, and so forth, anchors the cultural and implemented processes of criminalization; as a result, proper and comprehensive deconstructions of colonizing definitions of dangerousness require an intersectional understanding of power and oppression. Therefore, an effective framework for the study of colonialism, crime, and social control necessitates a re-evaluation and re-articulation of the following questions: what is colonialism?; what is crime?; what is colonial social control?; and what is criminology’s relationship to colonialism?

Article

Walter S. DeKeseredy

There is no single critical criminology. Rather, there are critical criminologies with different histories, methods, theories, and political perspectives. However, critical criminology is often defined as a perspective that views the major sources of crime as the unequal class, race/ethnic, and gender relations that control our society. Critical criminologists oppose prisons and other draconian means of social control. Their main goal is major radical and cultural change, but they recognize that these transitions will not occur in the current neoliberal era. Hence, most critical criminologists propose short-term anticrime policies and practices and fundamental social, economic, and political transformations, such as a change from a capitalist economy to one based on more socialist principles.

Article

Mahesh K. Nalla, Gregory J. Howard, and Graeme R. Newman

One common claim about crime is that it is driven in particular ways by development. Whereas the classic civilization thesis asserts that development will yield declining crime rates, the conflict tradition in criminology as well as the modernization school expect rises in crime rates, although for different reasons. Notwithstanding a raft of empirical investigations into the matter, an association between development and crime has not been consistently demonstrated. The puzzling results in the literature may be owing to the challenges in conceptualizing and operationalizing development. They are also almost certainly attributable to the serious problems related to the cross-national measurement of crime. Given the current state of knowledge and the prospects for future research, evidence reportedly bearing on the development and crime relationship should be received with ample caution and skepticism. Refinements in measurement practices and research strategies may remedy the extant situation, but for now the relationship between development and crime is an open and complicated question.

Article

Nachman Ben-Yehuda

Moral panics refer to cultural and social situations where heightened and exaggerated attention is given to a moral issue, accompanied by inflated demands to activate and practice steps to control what is portrayed as the challenging and threatening danger to morality. The nature of the threatening challenge materializes characteristically with the emergence of increased anxiety and fear from the moral threat to the well-being and future of a culture, or part of it. Down-to-earth representatives of such threats are epitomized by folk devils. These folk devils can be drug users, those who supposedly practice witchcraft or Satanism, sex traffickers, drivers involved in hit and run car accidents, muggers, AIDS carriers, terrorists, immigrants, asylum seekers, and—obviously—criminals. The concept of moral panics left its convenient zone in sociology and criminology to become extremely popular. It has been applied to such diverse fields as global warming, child sexual abuse, trafficking in women, soccer hooliganism, 9/11, and more. Many panics are short-lived, but such panics can also linger for longer periods. Moral panics are comprised of five basic building blocks: disproportionality in portraying the moral threat and the requested responses, concern about an issue, consensus regarding the threat, and hostility towards the folk devils. Moral panics do not stand alone and need to be understood within larger cultural and social processes composed of negotiations, struggles, and conflicts focused on moral codes. Indeed, while folk devils are typically vilified, stigmatized, and deviantized, complex cultures also enable folk devils to fight back. Moral panics are thus significant and important occurrences in the social construction of moral boundaries. These panics represent reactions, counter-reactions, and moral challenges—presented by folk devils—to cultural cores, which form central symbolic structures of cultures and societies.

Article

Police and the media have had a close relationship but it has become an increasingly uneasy one. For more than a century, the mainstream United States media—mainly newspapers, radio, television and magazines—have depended on the police for raw material for a steady diet of crime stories. For its part, law enforcement regards the media as something of an adversary. The relationship has changed because of the growth of investigative reporting and of the Internet. Both developments have increased the volume of material critical of the police. At the same time, law enforcement has used social media as a means to bypass the mainstream media to try getting its message directly to the public. However, the news media in all of its forms remains a powerful interpreter of how law enforcement does its job.

Article

David C. Pyrooz and Richard K. Moule, Jr.

It was once presumed that costs of Internet adoption were too great for gang members to absorb. They lacked the financial resources to access the Internet or the technological know-how to use it. That is no longer the case, which leads to two questions: What are gang members doing online? What are the responses to gangs online? The growing research on this topic indicates that gang members are online and using the Internet at a rate comparable to their peers. This occurs in the United States and abroad. Gangs do not exploit the Internet to its criminal potential, even though the law enforcement community suggests otherwise. This is most likely due to the low technological capacities of gang members. However, gang members do engage in higher rates of crime and deviance online than their non-gang peers. Gang members also use the Internet to posture, provoke, and project group power, particularly on leading social media platforms such as Facebook, Twitter, and YouTube, which in turn allows activities occurring online to have ramifications for crime and violence offline. It is debatable whether online space is as important to gangs as physical space, but the Internet is undoubtedly a valuable medium to gangs. The potential for conflict and the posting of gang images has attracted the attention of law enforcement as well as researchers to document this activity. Platforms are being developed to anticipate the spilling of online gang conflicts offline. Since the Internet is a value-neutral medium that engages youth and young adults, it is anticipated that social media and the Internet will continue to appeal to gangs and gang members for the foreseeable future.

Article

In the 1840s, cheap mass-marketed newspapers raised the relationship among the media, crime, and criminal justice to a new level. The intervening history has only strengthened the bonds, and comprehending the nature of the media, crime, and justice relationship has become necessary for understanding contemporary crime and criminal justice policies. The backward law of media crime and criminal justice content, where the rarest real-world events become the most common media content, continues to operate. In the 21st century, the media present backward snapshots of crime and justice in dramatic, reshaped, and marketed narrow slices of the world. Media portraits emphasize rare crimes like homicide, rare courtroom procedures like trials, rare forensic evidence, and rare correctional events like riots and escapes to present a heavily skewed, unrealistic picture. Significantly exacerbating this long-term tendency are new social media. When the evolution of the media is examined, the trend has been toward the creation of a mediated experience that is indistinguishable from a real-world experience. Each step in the evolution of media brought the mediated experience and the actual personally experienced event closer. The world today is the most media-immersed age in history. The shift to new social media from the legacy media of the 20th century was a crucial turning point. The emergence of social media platforms has sped up what had been a slow evolutionary process. The technological ability of media to gather, recycle, and disseminate information has never been faster, and more crime-related media content is available to more people via more venues and in more formats than ever before. In this new mediated world, everyone is wedded to media in some fashion. Whether through the Internet, television, movies, music, video games, or multipurpose social media devices, exposure to media content is ubiquitous. Media provide a broadly shared, common knowledge of society that is independent of occupation, education, ethnicity, and social class. The cumulative result of this ongoing media evolution is that society has become a multimedia environment where content, particularly images, is ubiquitous in the media. Mediated events blot out actual ones, so that media renditions often supplant and conflict with what actually happened. This trend is particularly powerful in crime and justice, where news, entertainment, and advertising combine with new media to construct a largely unchallenged mediated crime and criminal justice reality. The most significant result is that, in this mediated reality, criminal justice policies are generated. What we believe about criminal justice and what we think ought to be done about crime are based on content that has been parsed, filtered, recast, and refined through electronic, digital, visually dominated, multimedia entities. Ironically, while the media are geared toward narrowcasting and the targeting of small, homogenous audiences, media content is constantly reformatted and looped to ultimately reach wide, multiple, and varied audiences. In the end, the media’s criminal justice role cannot be ignored. Until the linkages between media, crime, and justice are acknowledged and better understood, myopic and punitive criminal justice policies will be the norm.

Article

Margaret Colgate Love

Executive clemency has a rich history in the United States, both as an agent of justice and as a tool of politics. A presidential power to pardon was included in Article II of the Constitution, and all but one of the state constitutions provides for a clemency mechanism. States have established a variety of ways to manage and sometimes limit a governor’s exercise of the constitutional pardoning power, but the president’s power has remained unlimited by law. Until quite recently, clemency played a fully operational part in both federal and state justice systems, and the pardoning power was used regularly and generously to temper the harsh results of a criminal prosecution. Presidents also used their power to calm and unify the country after a period of strife, and to further policy goals when legislative solutions fell short. But in modern times unruly clemency’s justice-enhancing role has been severely diminished, initially because reforms in the legal system made it less necessary, but later because of theoretical and practical objections to its regular use. A reluctance on the part of elected officials to take political risks, as well as clemency-related controversies, have further eroded clemency’s legitimacy. As a result, in most U.S. jurisdictions clemency now plays a limited role, and the public regards its exercise with suspicion. There are only about a dozen states in which clemency operates as an integral part of the justice system, in large part because its exercise is protected from political pressures by constitutional design. At the same time, the need for an effective clemency mechanism has never been greater, particularly in the federal system, because of lengthy mandatory prison sentences and the lifelong collateral civil consequences of conviction. It appears unlikely that an unregulated and unrestrained executive power will ever be restored to its former justice-enhancing role, so that those concerned about fairness and proportionality in criminal punishments must engage in the more demanding work of democratic reform.

Article

A discussion of feminist perspectives on crime and criminal justice in popular culture has to begin by pointing out that pop culture itself has traditionally been gendered as feminine. As epitomized by abstract visual art, nonnarrative poetry, and auteur cinema, high culture is still regarded in some critical circles as the opposite of popular culture, which is associated with the seductive and immersive qualities of mass media. Resulting from a masculinist aesthetic that privileged difficulty and abstraction as in Modernist poetics, so-called feminine forms have traditionally been considered to be less valuable than ones associated with masculinity. Media vehicles associated most readily and negatively with popular culture are those directed primarily at women audiences, such as daytime television, romance novels, and women’s magazines. Associated with the domestic space, leisure time, and unemployment, television itself was until recently viewed as a less-valuable, feminine medium. For these reasons, and because of television’s preoccupation with crime, this article concentrates on television as a formally feminized medium that has for technological and social reasons now become more highly valued. Critiquing the conjoining of masculinity and cultural value is a feminist task. As viewers watch their favorite series in public spaces on handheld devices, and certain series are considered novelistic and complex enough to supersede other cultural forums, television has gained new cultural credence and is a premier space in which to relate popular images about women and criminal justice.