The phenomenon of illegal markets is pervasive. The circulation of illegal goods and services reaches all social segments, crosses national boundaries, and produces enormous revenues. Scholarship has typically addressed issues of illegal exchanges by focusing on criminal organizations, their members’ activities, internal structures, and businesses while leaving the very notion of illegal markets conceptually underdeveloped. Different from organized crime, the notion of “illegal market” compels us to consider the demand side and to investigate the varied ways it relates to the supply side. Following the path opened up by economic sociology scholarship, this article brings illegal markets to the center of the scene in order to develop them conceptually, observe them in a differentiated way, and investigate their relationships with legal structures. From this perspective, the social organization of markets comes to the fore, highlighting such aspects as the formal and informal institutions sustaining illegal markets; the modes of internal coordination that deal with problems such as value, competition, or trust; moral attitudes toward the production, exchange, or consumption of certain products or services; the cultural elements or cognitive dispositions that promote illegal exchanges; the role of state power in defining what is and is not illegal, and thus how it controls certain exchanges; and the role of the enforcement of the law in the emergence, expansion, or extinction of these markets.
Kayla M. Hoskins
Re-entry following incarceration is a complex issue in the contemporary United States. Mass incarceration and tough on crime policies have contributed to a system that disproportionately punishes and incarcerates people of color. For the correctional system, these racial and ethnic disparities translate to issues related to “successful” re-entry following incarceration. Traditionally, re-entry success has been considered to be desistance from crime. However, ideas about re-entry success have developed to include broader concepts of successful reintegration into society. Prominent scholarship surrounding criminal justice policies, procedures, and processes has recognized and made strides in addressing facilitators and barriers to successful reintegration for formerly incarcerated individuals, and has uncovered obstacles uniquely faced by minorities. Specifically, researchers have identified these race-related correctional concerns in areas such as probation and parole experiences, familial ties, resource access, employment and educational opportunities, community disadvantage, civic disenfranchisement, and health. Recent scholarship has provided a wealth of considerations for addressing these convoluted re-entry issues. Withal, research indicates that a shift toward more evidence-based policies and interventions shows the most promise for improving re-entry outcomes for minorities, and the need for more equitable policies and practices involving incarcerated and re-entering persons. Assisting re-entering individuals with accessing vital resources (e.g., health care, housing, government assistance), equipping them with necessary skills to live stable and independent lives (e.g., prison-based services, educational assistance, professional training, employment opportunities), promoting healthy connections with their families and communities, and restoring their civic power are all steps that evidence suggests improve re-entry success and reintegration. Continued research on these areas and race is essential to understanding the dimensions of disparate re-entry experiences and creating an even road to successful reintegration after incarceration.
José A. Brandariz and Ignacio González-Sánchez
The influence of economic crises on crime and penality is one of the fundamental issues in economic analysis of the punitive field, and the topic has been explored from various perspectives in a wide range of criminology theories. From a criminal-motivation viewpoint, economic crises are seen to favor crime-rate growth because of their serious effects of increasing unemployment, increasing in poverty, and generating inequality. Similarly, diverse economic approaches to penality (though not all of them, for example, law- and economics-based theses) hold that economic crises usually produce a rise in punitiveness and a consequent rise in incarceration rates.
However, specialized academic literature has highlighted that the generally accepted view is far from accurate in all cases. Economic crises do not necessarily produce an increase in crime (at least not in all types of crime), nor do they always lead to an increase in punitiveness. Indeed, empirical studies about the effect of diverse economic crises (the Great Depression, the oil crisis of the 1970s, and the recent Great Recession) reveal an ambiguous panorama of the evolution in crime and penality.
The impact of economic turmoil on crime and punishment should be examined in all its complexity. Crime rates and incarceration rates are hardly correlated, and the latter are far more influenced by a variegated set of political, social, cultural, and economic forces than by changes in crime patterns themselves. To scrutinize the effect of economic determinants on the penal field, the analysis of economic crises and crime should therefore be separated from the analysis of economic crises and penality. Unfortunately, there is a shortage of academic literature and empirical data on the implications of pre-21st-century financial crises for crime and punishment. The recent Great Recession thus has great utility for delving into the consequences of periods of economic chaos on crime and punitiveness.
Alessandro De Giorgi
The political economy of punishment is a critical approach within the sociology of punishment that hypothesizes the existence of a structural relationship between transformations of the economy and changes in the penal field. Inspired by a neo-Marxist framework, this materialist critique of punishment explores—from both a historical and a contemporary perspective—the connections between the reorganization of a society’s system of production and the emergence, persistence, or decline of specific penal practices. Thus, materialist criminologists have investigated the parallel historical emergence of factories as the main sites of capitalist production and of prisons as the main institutions of punishment in modern societies. Scholars in the field have also explored the correlations between incarceration rates and socioeconomic indicators, such as unemployment rates, poverty levels, welfare regimes, and labor markets. This materialist framework has been criticized in mainstream criminological literature for its alleged economic determinism. In particular, critiques have focused on the theory’s tendency to overlook the cultural significance of punishment and the politico-institutional dimensions of penality, as well as on its exclusive emphasis on the instrumental side of penal practices as opposed to their symbolic dimensions. In response to these critiques, some recent works have tried to integrate the old political economy of punishment with epistemological tools from different disciplinary fields in order to overcome some of the limitations of the materialist approach. This broadening of the structural paradigm in criminology could point toward the envisioning of a “cultural political economy of punishment.” Particularly in its more recent iterations, the materialist critique of punishment provides a powerful lens for investigating current transformations in the penal field, such as the advent of mass incarceration and the ongoing prison crisis in the United States.
State-corporate crime is defined as criminal acts that occur when one or more institutions of political governance pursue a goal in direct cooperation with one or more institutions of economic production and distribution. This concept has been advanced to examine how corporations and governments intersect to produce social harm. The complexity of state-corporate crime arises from the nature of the offenses; unlike traditional “street crime,” state-corporate crime is not characterized by the intent of a single actor to violate the law for personal pleasure or gain. Criminal actions by the state often lack an obvious victim, and diffusion of responsibility arising from corporate structure and involvement of multiple actors makes the task of attributing criminal responsibility difficult. Sufficient understanding of state-corporate crime cannot be gained through studying individual actors; one must also consider broader organizational and societal factors.
Further subclassification illuminates the different types of state-corporate crime: State-initiated corporate crime (such as the 1986 Space Shuttle Challenger explosion) occurs when corporations, employed by the government, engage in organizational deviance at the direction of, or with the tacit approval of, the government. State-facilitated state-corporate crime (such as the 1991 Imperial Food Products fire in Hamlet, North Carolina) occurs when government regulatory institutions fail to restrain deviant activities either because of direct collusion between business and government or because they adhere to shared goals whose attainment would be hampered by aggressive regulation.
David C. Brotherton and Sarah Tosh
While deportation as a practice has roots that reach far back into history, the state’s removal of immigrants in the modern era is unprecedented, in terms of both its mechanisms and its breadth. Over the past few decades, the United States in particular has developed systems of immigrant enforcement, detention, and deportation that serve to restrain and remove hundreds of thousands of immigrants each year. In the late 20th century, along with a punitive turn in criminal justice and drug policy, came an era of punitive immigration legislation in the United States, culminating in the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996. Among other laws, IIRIRA laid the groundwork for astronomical rates of deportation in the early 21st century—rates the current administration vows to exceed in coming years. The increasingly criminalized immigration policy of the United States has been paralleled in many ways in immigrant-receiving countries around the world, resulting in a “global deportation regime” that transcends national borders. Theories that frame deportation as a necessary product and constitutive practice of social membership in our modern system of sovereign nation states are supplemented by those that view it as a tool used by neoliberal governments to control a vulnerable surplus population of immigrant workers. Another theoretical thread on deportation focuses on the culture of vindictiveness in late modernity, and the social bulimia of contemporary societies that simultaneously integrate and exclude the immigrant Other. Theories of subcultural resistance are also relevant for attempts to understand individual agency and collective mobilization, both of immigrants against deportation, as well as deportees against stigmatization. Post-deportation studies focus on the deportee experience, with a focus on social displacement/exclusion and stigmatization.
Zelia A. Gallo
The literature on contemporary Western punishment presents us with a number of possible approaches to political ideologies and penality. The first approach requires us to ask what different political ideologies have to say about crime and punishment. This entails a close analysis of the ideologies’ main claims on matters of power, authority, and collective co-existence, to see if and how such claims have played out in the penal sphere. Analyses of social democratic penality serve here as useful case studies for such an approach. Such analyses also illustrate the second approach to questions of political ideology and penality. This approach requires us to ask what impact crime has had upon the fate of different ideologies. Have the changing incidence and changing perceptions of crime come to threaten the legitimacy of dominant ideologies? The third approach is that of critique of ideology: penality is studied as ideology, to discern what it conceals about reality and existing power relations. Here the analysis of contemporary UK offences of dangerousness acts as a case study for such an approach. To the extent that offences of dangerousness are rooted in neoliberalism, the discussion also introduces us to debates concerning neoliberalism and penality, in particular the idea that contemporary punishment expresses both the ascendancy of neoliberal doxa, and the decline of existing macro-ideologies such as social democracy. This decline can be seen as a move toward a post-ideological era, in which crime and punishment have come to replace political visions and utopias. However, recent scholarship on political ideologies argues that the latter are ubiquitous and permanent features of political thinking. This implies that the contemporary era cannot be described as post-ideological. Rather, it is an era in which macro-ideologies such as social democracy—which provided a holistic view of social order and comprehensive ideational resources to construct it—have been replaced by thin ideologies—which offer us narrower visions and ambitions. Examples of such thin ideologies include populism and technocracy. It is then possible to study the link between thin-ideologies and penality, a study that is here exemplified by the analysis of populism and penal populism, and technocracy and epistemic crime control. An analysis of thin ideologies and penality can also be undertaken with a normative project in mind, namely that of identifying within these thin ideologies, possible ideational resources that might be used to imagine a better penal future: one that is more moderate, more democratic, and less punitive.
Contemporary societies are culturally diverse. This diversity can be the result of different historical and social processes and might affect the uniformity and efficiency of criminal justice systems. Colonization of indigenous populations that started in the 15th century later European colonization of Africa and migration flows following the Second World War have contributed to this diversity in different ways. The growing importance acquired by culture in the criminal law domain went hand in hand with the attention received by it both in the human rights field (especially linked to minority rights) and in the field of sociological and criminological theories.
Nowadays, crimes such as female genital mutilation, forced marriages, and other behaviors grounded in “culture or tradition” form the object of several international human rights instruments and media reports. The way in which criminal justice systems deal with such cases, and more in general with cultural factors, varies greatly. Different instruments have been proposed to allow the consideration of cultural elements within criminal proceedings among which (in common law countries) is the formalization of an autonomous “cultural defense.” However, international human rights instruments, especially those protecting the rights of vulnerable subjects such as women and children, have repeatedly discouraged states to take into account “culture, religion, and tradition” as grounds for justification (see, e.g., the Istanbul Convention).
Criminal proceedings are not the only setting to deal with culture and crime. More recently, the development of alternative dispute resolution mechanisms and restorative justice both within formal and informal (community) settings have given an additional option to take culture into account in the resolution of disputes (in terms of procedures used and normativities in play). Concerns exist with regard to the substantive and procedural rights of participants to these programs. However, these alternatives could represent a way to allow a certain degree of legal pluralism and facilitate access to justice for minority groups.
A considerable body of research on societal response to white-collar and corporate crime has evidenced a hardening of public attitudes, including increased perceived seriousness of upper-class criminality and punitiveness toward its perpetrators. These findings suggest that, over time, the public has gained a better understanding of white-collar crime and its deleterious social impact. However, none of the opinion surveys included a direct measure of public knowledge. As a result, it is difficult to determine to which extent U.S. citizens are objectively informed about crimes of the powerful. In fact, only a few studies have focused exclusively on the intersection between knowledge about white-collar crime and sentiment toward it. These scholarly efforts have concluded that the American people continue to underestimate the actual financial and physical consequences of white-collar crime, which may be the result of selective reporting by the mass media and biased research foci by scholars. By choosing to focus on traditional criminal law violations, such as homicide and theft, and relegating white-collar offenses to the rank of victimless crimes, journalists and criminologists have contributed to the construction and propagation of myths about upper-world criminality. In turn, continuous adherence to these myths might lead to polarized opinions about which type of penal policy to adopt against white-collar crime.
David C. Brotherton
The majority of studies on youth gangs are in the tradition of positivistic social science. When natural science is taken as the paradigm, a premium is placed on the value neutrality of the observer, the scientific rigor of the methodology, the unpolluted character of the data, and the generalizability of the findings—all with the aim of proving or disproving ideologically free testable hypotheses. In contrast, critical gang studies adopt a different lens that is best suited to the study of subaltern groups whose lifestyles, “habitats,” and characteristics are stigmatized and pathologized by the larger society. Critical gang studies are based on the premise that all social and cultural phenomena emerge from tensions between the agents and interests of those who seek to control everyday life and those who have little option but to resist this relationship of domination. In this way, critical gang studies adopt interpretive, reflexive, holistic, and probing approaches to research, rejecting the penchant for survey-based truth claims and studies whose findings uncritically reflect the race, class, and gendered positions of the investigators.
Thus, practitioners of critical gang studies contend that the key to understanding the gang is found in its dialectical relationship between inclusion and exclusion viewed historically and holistically. Therefore, critical gang students create a counter body of knowledge and an alternative methodology to illuminate (over)shadowed spaces of criminalized social action where hope mixes with survival, creativity with accommodation and, resistance with social reproduction. The data on critical gang studies draw from the entire world of gang members, revealing their agency as well as their structured environments, their organizational systems, rites, rituals, performances, ideologies and cultural products. The critical approach places emphasis on the meaning systems of gangs, their changes across time, and the possibilities that lie within their specific subcultural formations. Welcome to critical gang studies!