1-10 of 32 Results  for:

  • Critical Criminology x
Clear all

Article

Jennifer M. Chacón

The regulation of immigration in the United States is a civil law matter, and the deportation and exclusion of immigrants from the United States are matters adjudicated in civil, administrative courts operated by the federal government. But migration in the United States is increasingly managed not through the civil law system, but through the criminal legal system, and not just at the federal level, but at all levels of government. The most obvious example of the management of migration through the criminal law in the United States occurs through the federal prosecution of immigration crimes. In the 2010s, federal prosecutions of immigration crimes reached all-time record highs, as immigration offenses became the most commonly prosecuted federal criminal offenses. But it is not just the federal government, using federal criminal prosecutions, that has moved criminal law and criminal law enforcement agents to the center of immigration enforcement in the United States. The federal government relies on state and local police to serve as front-line agents in the identification of noncitizens potentially subject to removal. Everyone arrested by state and local law enforcement for any reason has their fingerprints run through federal law databases, and this has become the leading screening mechanism through which the federal government identifies individuals to target for removal. Federal law also relies on state law convictions as one of the primary means through which federal immigration enforcement officials determine which noncitizens to remove. This means that state legislatures and state and local governments have the power to shape both their criminal laws and their discretionary enforcement choices to either enhance or mitigate the scope of federal immigration enforcement in their jurisdictions. The problems of racial inequity in the U.S. criminal legal system are both exacerbated by and fuel the centrality of immigration enforcement to the nation’s law enforcement agenda. Racial profiling is broadly tolerated by law in the context of immigration enforcement, making it easy for officials at the state and federal level to justify the targeting of the Latinx population for heightened surveillance on the theory (often incorrect) that they are unlawfully present. At the same time, the overpolicing of Black communities ensures that Black immigrants as well as Latinx immigrants are disproportionately identified as priorities for removal. Immigration enforcement is frequently written out of the story of racial inequality in U.S. policing, but the criminalization of migration is a central architectural feature of this inequitable system.

Article

Thomas MacManus

While state crime is a relatively recent event in the discipline of criminology, tracing the roots of its modern form to the 1990s, it has attracted some of the best minds to research and theorize on the immense and fatal excesses of the modern nation state. State crime is defined most convincingly by Penny Green and Tony Ward as state organizational deviance involving the violation of human rights. The crimes are organizational in nature and are carried out by vast state systems and corporate structures. This approach can be contrasted with the individual criminal liability, “scapegoat” ideology of international criminal law and other criminal law regimes. The definition relies on the criminological concept of deviance, a label applied by a social audience, to make up for the lack of criminal legal definition of the behaviors, legitimacy, and human rights norms in order to differentiate it from crimes that are carried out without harm to human or planet (such as minor international economic treaty violations). A sub-field of state crime, state-corporate crime has developed to track those crimes which occur at the intersection of the state and the market.

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

Global-level data suggests that the number of women and girls in prison is growing and at a faster rate than the male prison population is. In order to meaningfully address this shift in female deviance and criminalization, more attention should be given on the specific ways that women and girls are labeled “deviants” and subsequently criminalized. Women and girls have been criminalized, imprisoned, and harshly punished for “moral” offenses such as adultery or premarital sex or for violations of dress codes or even for being a member of the LGBTQ community. Women and girls have also been reportedly been imprisoned for running away from their homes (often from abusive situations), for being raped, and even for being forced into prostitution. Furthermore, victims of domestic violence or sex trafficking and sex workers have been administratively detained or simply detained for seeking asylum, having committed no crime. The feminist criminological perspective has widened an understanding of all forms of female deviance. This perspective stresses the importance of contextual analysis and of incorporating unique experiences of women and girls at the intersection of not only gender, race, class, and ethnicity but also nationality, religion, sexual orientation, political affiliation, and immigration or migration status, and against the backdrop of national as well as international conflict. Now the challenge is develop effective solutions both to address female victimization and to end the silencing of women and girls through criminalization on a global level. Effective implementation of a gender-mainstreaming strategy, adopted in United Nations policies such as “the Bangkok Rules,” is one of the proposed solutions.

Article

Daniel L. Stageman

The gap between public perception of immigrant criminality and the research consensus on immigrants’ actual rates of criminal participation is persistent and cross-cultural. While the available evidence shows that immigrants worldwide tend to participate in criminal activity at rates slightly lower than the native-born, media and political discourse portraying immigrants as uniquely crime-prone remains a pervasive global phenomenon. This apparent disconnect is rooted in the dynamics of othering, or the tendency to dehumanize and criminalize identifiable out-groups. Given that most migration decisions are motivated by economic factors, othering is commonly used to justify subjecting immigrants to exploitative labor practices, with criminalization often serving as the rationale for excluding immigrants from full participation in the social contract. When considered in the context of social harm, immigrants’ relationship to crime and criminality becomes more complex, especially where migration decisions are forced or made under coercive circumstances involving ethnic cleansing, genocide, or other state crimes; many recent examples of these dynamics have rendered large numbers of migrants effectively stateless. Experiencing the direct or collateral effects of state crimes can, in turn, affect immigrants’ participation in a wide range of crime types, from status crimes such as prostitution or survival theft to terrorism and organized criminal activity such as drug trafficking or human trafficking. While there is no available research evidence indicating that immigrants participate in any given crime type at higher rates than the native-born, the dynamics of transnational criminal activity—reliant on multinational social networks, multilingual communication, and transportation across borders—favor immigrant participation, though such crimes are often facilitated by multinational corporations.

Article

Aimee Wodda and Meghna Bhat

Commercial sex continues to be an object of debate in the realm of criminological and criminal justice. The regulation of commercial sex in a global context varies due to local law, culture, and custom. Global criminolegal responses to selling sex include criminalization, decriminalization, abolition, neo-abolition, and legalization. In recent decades, global public policymakers have become increasingly concerned with the public health aspects associated with negative outcomes related to the criminalization of the purchase, facilitation, and/or sale of sex. These concerns include violence against those who sell sex, stigma when attempting to access healthcare and social services, increased risk of sexually transmitted infections or diseases (STIs or STDs) including HIV/AIDS, and economic vulnerability that leaves many who sell sex unable to negotiate the use of condoms and at risk of police arrest for carrying condoms. Those most at risk of harm tend to be young people, LGBTQ populations, and people who are racial or ethnic minorities within their communities—these are often intersecting identities. Organizations such as Amnesty International, the Global Commission on HIV and the Law, Human Rights Watch, UN AIDS, and the World Health Organization recommend decriminalization of commercial sex in order to reduce stigma and increase positive health outcomes. Scholars have also examined the challenges faced by migrant sex workers and the problematic effects of being labeled a victim of trafficking. Contemporary strategies geared toward reducing harm for those who sell sex tend to focus on rights issues and how they affect the well-being of those who sell sex.

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 (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.

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

Lois Presser

Narrative criminology is a relatively new theoretical perspective that highlights the influence of stories on harmful actions and patterns of action. Narrative criminology researchers study stories themselves, rather than what stories report on, for effects. Narrative criminology takes a constitutive view of stories as opposed to the representational view that is rather more common within criminology. Hence a hallmark of the perspective is its bracketing of the accuracy of the stories under investigation. Stories legitimize conduct, compel action, and induce detachment, however fanciful they may be. Narrative criminologists analyze the role of stories in active harm-doing, passive complicity, desistance from offending, and resistance to harm. The field of narrative criminology has evolved rapidly.