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.
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?
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.
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.
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.
David O. Friedrichs
Critical criminology has achieved a substantial presence within the field of criminology over the past several decades. Critical criminology has produced a framework for the understanding of crime and criminal justice that challenges core premises of mainstream criminology. Critical criminology emerged—principally from about 1980 on—in relation to radical (and “new”) criminology in the 1970s, and various influential societal developments and forces associated with the Sixties. The roots of critical criminology can be located in Marxist theory, in the work of Willem Bonger, and in that of other scholars who were not self-identified radicals—including Edwin H. Sutherland. Interactionist (labeling) theory and conflict theory provided an important point of departure for the development of radical—and subsequently critical—criminology. More specifically, the Berkeley School of Criminology in the United States and the National Deviancy Conferences in the United Kingdom were influential sources for the emergence of critical criminology. The core thesis of critical criminology can be most concisely summarized as a critique of domination, inequality, and injustice. Starting with the definition of “crime” itself, critical criminologists expose the biases and political agenda of mainstream criminology and advance an alternative approach to understanding crime and criminal justice. That said, some different choices are made by self-identified critical criminologists in terms of underlying assumptions, methodological preferences, and different forms of activist engagement. A call for news-making criminology, or a form of public criminology, is one theme for activism: direct political mobilization is another. The term “critical criminology” today is best understood as an umbrella term encompassing a wide range of different perspectives with quite different core concerns. Some of these strains were more dominant at an earlier time; some have emerged or become more prominent recently. The following are among the most enduring and consequential strains of critical criminology: neo-Marxist, critical race, left realist, feminist, crimes of the powerful, green, cultural, peacemaking, abolitionist, postmodern, postcolonial, border, and queer criminology. Some critical criminologists have called for replacing the core focus on crime with a focus on harm, broadly defined, and replacing criminology with zemiology, or the study of harm. Critical criminologists have concerned themselves with crimes of the powerful; gendered, sexualized harm and intimate partner violence; raced harm and racial oppression; hate crime; the war on drugs; the war on immigrants; police violence and the militarization of the police; mass incarceration and privatized criminal justice; carceral regimes; mass imprisonment; the death penalty, and alternative forms of justice including a form of restorative justice—among many other substantive concerns. The call for a Southern criminology that incorporates the outlook and concerns of the Global South is one significant development within critical criminology. Critical criminology has the potential to be of special relevance within the context of a historical period characterized by intense conflicts in relation to the political economy and civil society.
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!
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.
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.
When Guenther Jakobs introduced the concept of “enemy criminal law” (Feindstrafrecht), or enemy penology, into the legal debate, this was due to a concern with the increasingly anticipatory nature of criminalization in German legislation in the last decades of the 20th century. Against the backdrop of a series of terror attacks in the West and the ensuing debates on how to deal with the dangers and threats of the new millennium, Jakobs’s theory gained new momentum in Germany’s public discourse and beyond. As it seems, the author himself turned the concept into a device for political intervention, declaring the notion of the enemy as indispensable for dealing with certain extreme crimes and notorious offenders, not only to prevent future crime and avert harm from society but also, and most notably, to preserve the established “citizen criminal law” (Bürgerstrafrecht): the enemy is the one to be isolated and excluded from the system. Enemy criminal law may be a peculiar legal concept. The logic of enemy penology, however, leads us to some more fundamental insights into the conundrums of liberal political thinking and attendant legal conceptions. It requires us to think about the enemy as a liminal figure that points to the preconditions and the paradoxes of our legal system. The history of criminology attests to the discipline’s struggle with penal law’s inherent limitations. And if we live today in times where exception and rule, internal security and external security, and military and police concerns increasingly overlap and intermingle in the face of ever new threats, the notion of enemy penology helps us to critically reflect on the mechanisms that drive these transformations.
The European Border and Coast Guard (EBCG) was officially launched in October 2016. In the European Commission’s view, it marks a milestone in the history of the integrated management of European Union (EU) borders. This article describes the main features of the new agency, focusing on two key issues. First, it analyzes the powers that the new agency is entrusted with in an attempt to understand whether it will be able to articulate a “European space of control” where an authentically postnational border police will take the lead over national border agencies. Second, it explores whether, and to what extent, the reform of the EU border agency has been accompanied by the development of mechanisms to exercise effective democratic and judicial control over its activities. The discussion concludes by arguing that the views of those who believe that the evolution of EU justice and home affairs policies does not raise particular challenges for the exercise of democratic control over EU security agencies and the protection of fundamental rights during their operations are fundamentally flawed, and that new ways to ensure proper scrutiny over security policies that take account of the peculiarities of EU institutional structure need to be devised.
Kayla Crawley and Paul Hirschfield
The school-to-prison pipeline (STPP) is a commonly used metaphor that was developed to describe the many ways in which schools have become a conduit to the juvenile and criminal justice systems. The STPP metaphor encompasses various disciplinary policies and practices that label students as troublemakers, exclude students from school, and increase their likelihood of involvement in delinquency, juvenile justice, and subsequent incarceration. Many external forces promote these policies and practices, including high-stakes testing, harsh justice system practices and penal policies, and federal laws that promote the referral of certain school offenses to law enforcement. Empirical research confirms some of the pathways posited by STPP. For example, research has shown that out-of-school suspensions predict school dropout, justice system involvement and adult incarceration. However, research on some of the posited links, such as the impact of school-based arrests and referrals to court on school dropout, is lacking.
Despite gaps in the empirical literature and some theoretical shortcomings, the term has gained widespread acceptance in both academic and political circles. A conference held at Northeastern University in 2003 yielded the first published use of the phrase. Soon, it attained widespread prominence, as various media outlets as well as civil rights and education organizations (e.g., ACLU, the Advancement Project (they also use “schoolhouse-to-jailhouse track”), the National Education Association (NEA), and the American Federation of Teachers) referenced the term in their initiatives. More recently, the Obama administration used the phrase in their federal school disciplinary reform efforts. Despite its widespread use, the utility of STPP as a social scientific concept and model is open for debate.
Whereas some social scientists and activists have employed STPP to highlight how even non-criminal justice institutions can contribute to over-incarceration, other scholars are critical of the concept. Some scholars feel that the pipeline metaphor is too narrow and posits an overly purposeful or mechanistic link between schools and prisons; in fact, there is a much more complicated relationship that includes multiple stakeholders that fail our nation’s youth. Rather than viewing school policies and practices in isolation, critical scholars have argued that school processes of criminalization and exclusion are inextricably linked to poverty, unemployment, and the weaknesses of the child welfare and mental health systems. In short, the metaphor does not properly capture the web of institutional forces and missed opportunities that can push youth toward harmful choices and circumstances, often resulting in incarceration. Many reforms across the nation seek to dismantle STPP, including non-exclusionary discipline alternatives such as restorative justice and limiting the role of school police officers. Rigorous research on their effectiveness is needed.
Syeda Tonima Hadi and Meda Chesney-Lind
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.
Alistair Fraser and Elke Van Hellemont
It has been a century since Frederic Thrasher researched his pioneering text on youth gangs in Chicago. In it he depicts gangs as a street-based phenomenon that emerged from the combined forces of urbanization, migration, and industrialization—with new migrant groups seeking to find a toehold on the American Dream. Gangs were discrete and highly localized, drawing on names from popular culture and the neighborhood, seeking ways to survive and thrive amid the disorganization of the emerging city. In the 21st century, street gangs have been identified in urban contexts all over the world and have become increasingly viewed as a transnational phenomenon that is qualitatively different from Thrasher’s neighborhood groups. Processes of globalization have created a degree of flow and connectedness to urban life that is unlike any other stage in human history. Yet a close reading of Thrasher shows that some of the key themes in the study of gangs in a global context—urban exclusion, grey economies, human mobility, and cultural flow—were presaged in Thrasher’s work. In a global era, however, these processes have intensified, amplified, and extended in ways that could not have been predicted.
We elaborate the spatial, economic, social, cultural, and technological implications of globalization for gangs across five principle areas: (1) Gangs in the Global City; (2) Gangs, Illicit Markets, and the Global Criminal Economy; (3) Mobility, Crimmigration, and the “Transnational Gang”; (4) Gangs and Glocalization; and (5) The Gang Mediascape. Taken together, these themes seek to offer both a conceptual vocabulary and empirical foundation for new and innovative studies of gangs and globalization. Empirical evidences from Europe, the United States, and beyond, emphasize the uneven impacts of globalization and the ways in which national and cultural dynamics are implicated in the study of gangs in the 21st century.
In the contemporary era of “tough on crime” policies and the globalized drug war, the number of women in the criminal justice system has increased across several countries. Women’s involvement in the system is not limited to imprisonment, however, and many criminalized women (those involved in the justice system with the assigned status of defendants, offenders, etc.) participate in community-based programs after serving sentences in prisons or jails or as an alternative to incarceration. Criminalized women encounter multiple interlocking forms of oppression based on sexuality, race and ethnicity, class, disability, immigration status, punishment status, and (importantly) gender. Gendered ideas and norms shape the way women are treated not only by the carceral state but also by community-based, nongovernmental organizations (NGOs).
NGOs have played an increasingly prominent role in the provision of social services since the 1970s. Organizations working with criminalized people in more affluent, English-speaking nations commonly address job readiness, psychological and substance issues, parenting, sexuality, romantic relationships, and spirituality, among other important areas. Some NGOs work with criminalized people as a condition of their criminal sentences. Criminalized women’s self-reported needs are great, yet resources are often scarce, inadequate, and unwelcoming, particularly for women of color. Responding to a dearth of services available to women, feminists formed NGOs focused on this population beginning in the 1970s; women are also served at NGOs that work with men. “Reducing offending” and “empowerment” are frequently stated goals at NGOs that work with women, but these goals can be interpreted widely depending on the views of NGO leadership and staff about gender.
NGOs can approach women’s gender in a variety of ways. For instance, they can resist or affirm the dominant views used by the carceral state that criminalize and stigmatize women. Their approaches matter because of the implications for equality of opportunities that follow. Two major philosophies can motivate the outreach that NGOs do with criminalized women. Gender sameness disregards gender differences and stresses that it is necessary to treat women “like men” to reverse the disadvantages and marginalization that women encounter. Gender difference emphasizes the importance of treating men or women based on their purportedly unique characteristics and social experiences. Much critical feminist research on NGOs that work with criminalized women has studied programs formed around ideas of gender difference.
Critical researchers have examined gender in organizational work with women outside of prisons, in community-based prisons run by NGOs, and in more traditional prisons. Researchers have examined practices at programs, the philosophies underpinning them, and their implications. This body of work shows that NGOs can perpetuate gendered exclusions and may expand the power of the carceral state. In their prescriptions for responding to the status quo, critical researchers make arguments along a spectrum from advocating more moderate social change, such as by creating more effective programs, to more radical social change, such as by ending community-based programs that perpetuate carceral control.
Thalia Anthony and Harry Blagg
Indigenous people have been subject to policies that disproportionately incarcerate them since the genesis of colonization of their lands. Incarceration is one node of a field of colonial oppression for Indigenous people. Colonial practices have sought to reduce Indigenous people to “bare life,” to use Agamben’s term, where their humanity is denied the basic rights and expression in the pursuit of sovereign extinguishment. Across the settler colonies of Australia, Aotearoa/New Zealand, Canada, and the United States, the colonial drive to conquer land and eliminate Indigenous peoples has left deep scars on Indigenous communities and compromised bonds to kin, culture, and country. Indigenous people have been made refugees in their own countries.
Contemporary manifestations of penal incarceration for Indigenous people are a continuation of colonial strategies rather than a distinct phase. The concept of “hyperincarceration” draws attention to the problem of incarceration and its discriminatory targets. It also turns our attention to the turnstile of incarceration in Western postmodernity. However, the prison is but one form of exclusion for Indigenous people in a constellation of eliminatory and assimilatory practices, policies, and regimes imposed by colonial governance. Rather than overemphasizing the prison, there needs to be a broader conceptualization of colonial governance through “the camp,” again in the words of Agamben. The colonial institutionalization of Indigenous people, including in out-of-home care, psychiatric care, and corrective programs, is akin to a camp where Indigenous people are relegated to the margins of society. We eschew a narrow notion of hyperincarceration and instead posit a structural analysis of colonial relations underpinning the camp.
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.
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.
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.
The genealogy of pecuniary punishments is a story of constant reformulation in response to shifting political pressures, changes in institutional and administrative arrangements, and intellectual developments that changed ideological commitments of legislators and practitioners. Within this chronicle of reformulation, broad transformations since the late 17th century are discernible. These legal transformations, most of which have been widely discussed and debated, help delimitate old and new forms of punishment and, to some degree, different modes of constructing punishment inside the criminal law. Based on the notion that the legal discussions during the 19th century set the stage for the profound reforms initiated by the emergence of consumer societies, the discourses that unfolded from around the end of early modern times until now are analyzed, even though few could have predicted the increase in the use of fines and confiscation that would occur throughout the 20th century. For the fine to reach such a state of ubiquity, one of its most criticized characteristics derived from its monetary nature had to undergo a severe scrutiny: the unequal impact on offenders caused by the unequal distribution of money between individuals in society. Confiscation, on the other hand, after having being extensively used by the Nazi, fascist, and Francoist regimes against “people’s enemies” and political opponents, was rediscovered as one of the most powerful weapons in the fight against organized crime during the war on drugs in the 1980s. In the 21st century it has become increasingly important for countries to be able to freeze and confiscate property related to the committing of an offense, thus depriving criminals of their illicitly obtained assets.