Therapeutic jurisprudence (TJ) is a multidisciplinary approach to assessing the impact of the law itself on the emotional and psychological experiences of all those who have contact with the legal system. Variously described as a theory, a method, a lens, or a process of analysis, its distinguishing feature is to conceive of the law as a “therapeutic agent.” That agency can cause both therapeutic and antitherapeutic consequences. By investigating and assessing the social, professional, and political contexts in which laws are made and applied, TJ seeks to identify how unintentional harms are caused and suggests ways to remedy them. It also identifies opportunities to enhance psychological strengths and positive emotional experiences to improve legal outcomes. It has commonalities with positive criminology, restorative justice, procedural justice, and other less adversarial approaches within the criminal justice system. Since being founded by David Wexler and Bruce Winick in the 1980s as a project to improve the experiences of those subjected to mental disability law in the United States, the theory and methodology of TJ has evolved, and its influence has expanded to virtually every major legal system and jurisdiction. TJ was at the core of the operating philosophy of the problem-solving court movement, which now operates across nine countries. It is increasingly influential in new approaches to probation and offender treatment models in the United States, Europe, Australia, and New Zealand, and in influencing access to justice policies in India and Pakistan. It offers some common conceptual principles for the development of First Nations courts, tribunals, and dispute resolution programs seeking to eradicate systemic, monocultural bias in postcolonial criminal justice systems which tend to lead to intractable, carceral overrepresentation.
TJ is currently undergoing a process of “mainstreaming” across disciplines and internationally. This involves encouraging lawyers and other criminal justice workers outside specialist court and diversion jurisdictions to adopt therapeutic outlooks and practices. So far there have been projects to mainstream TJ principles in police interviewing, risk assessment, diversion, criminal settlement conferences, bail, sentencing, conditional release from custody, and appeals. The sorts of reforms, innovations, and changes in mindsets suggested by TJ work has also sparked resistance and criticism. The latter ranges from constructive concerns about conceptual vagueness, risks of paternalism, and coercion to absolute ideological opposition on the grounds that TJ allegedly advocates for the complete abandonment of the adversarial system and strongarms defendants into surrendering their constitutional and due process rights.
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Therapeutic Jurisprudence in International and Comparative Perspective
Nigel Stobbs
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Transnational Sex Trafficking of Women
Susan Dewey
The transnational sex trafficking of women is an enduring social concern across a strikingly vast array of policy realms, activisms, and academic disciplines, including criminology, sociology, criminal justice, social work, political science, psychology, medicine, gender studies, and anthropology, among others. There are five prevailing themes across this vast body of multidisciplinary work: (a) transnational law and policy responses, (b) antecedents, (c) social organization and politico-economic considerations, (d) representations, and (e) interventions and carceral logics. The analysis featured is keenly attuned to each cited study’s unique disciplinary frameworks and methods, and it concludes with recommendations for future research on this critical human rights issue.
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Using Social Media to Resist Gender Violence—A Global Perspective
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.
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The Victimology of State Crime
Rick A. Matthews
States have been committing crimes and victimizing people since the advent of the state itself. Yet it has only been since the 1990s that criminologists have turned their attention to describing, theorizing, and analyzing state crimes. While the study of state crime has made significant progress since then, the same is not true for the victimology of state crime. Currently, the victimology of state crime does not represent a cohesive subfield within criminology or victimology. Nevertheless, drawing upon essential works from criminology, victimology, other disciplines like human rights law, as well as established subfields like critical criminology, critical victimology, and the state crime literature, the victimology of state crime offers essential insights into the nature of mass victimization by states. Although much work remains, the victimology of state crime literature has created a solid foundation for lines of future scholarship and inquiry.
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Victims’ Rights in Plea Agreements Across Different Legal Systems
Dana Pugach and Michal Tamir
The juxtaposition of two major recent legal developments—the emergence of victims’ rights, and the increasing prevalence of plea bargains in the criminal process—raises profound dilemmas. Ever since the end of the 18th century, criminal proceedings have been conducted by states against defendants, based on the traditional view that crime is an offense against the state. Hence, victims’ participation has been curtailed under different legal systems. In adversarial (Anglo-American) systems, based on common law, the parties dominate the proceeding, and the onus is on the prosecution to prove its case; while in inquisitorial systems (continental), the judge dominates the proceedings, thus reducing the responsibilities of the parties.
Although most states display mixed adversarial and inquisitorial characteristics, three systems exemplify different approaches to victims’ rights in plea agreements. The federal US system—the adversarial legal system in which the victim movement began its first steps; the French system—a civil law system, where victims are allocated a formal, albeit limited role; and the Israeli system—a juryless common-law-based system, where professional judges make both legal and evidentiary decisions.
In the Anglo-American systems, victims were marginalized, and this lack of standing resulted in one of the more important legal developments of the 20th century—the struggle for victims’ rights. The victims’ movement is a grassroots movement, a social phenomenon that has led to significant legal changes. Consequently, a new perception has seemingly been incorporated into adversarial criminal law systems, whereby victims’ interests should be taken into account. The federal U.S. law enshrined victims’ rights in 2004, and in Israel the major legislation of victims’ rights took place in 2001. In the French system, since the early 20th century, victims have been formally recognized as partie civile—the civil side to the criminal process. The victims have a standing and they can claim compensation.
The question of victims’ role in plea agreements is of particular importance, since in recent years, plea agreements have become the rule rather than the exception in Anglo-American criminal proceedings. In 2004, the French law also created a mechanism akin to plea agreements.
In the federal U.S. system, victims can express their opinion regarding a plea agreement, and they can apply for a writ of mandamus, should any of their rights be disregarded by the prosecution. Under the Israeli system, victims of severe sexual and violent offenses may speak to the prosecutor and express their views, albeit not in court. In the French system, the victims’ role in plea agreements is limited to claiming compensation.
Despite these developments, victims’ rights in plea agreements may still be partial or ineffective. For example, under both U.S. and Israeli law, the victims’ objection to such an agreement may have a very limited effect on the criminal process. Moreover, the prosecution has been granted immunity from any civil lawsuit following infringement upon victims’ rights. Under the French system, the victims’ involvement is limited to an appeal regarding the compensation she has been awarded.
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Vigilantism in Comparative Perspective
Ray Abrahams
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.
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Virtual Currency, Cryptoassets, and Cybercrime
Tessa Cole and R.V. Gundur
Cryptoassets, particularly cryptocurrencies and nonfungible tokens, which are underwritten by distributed ledger technology, have become an increasing focus of financial institutions, investors, government regulators, and criminal actors. Colloquially known as “crypto,” cryptoassets represent a small proportion of value in financial systems around the world. Nonetheless, cryptoassets represent a potentially disruptive force and are, in their own right, a financial ecosystem. Cryptocurrency, specifically, has a variety of properties that are appealing to both licit and illicit actors: It is, generally, pseudonymous and irrevocable, and its transactions do not necessarily require a third party. Despite these features, the value of cryptocurrency has been volatile, and even though one, bitcoin, has been adopted as legal tender in two countries, cryptocurrency has not replaced fiat currency or become part of most people’s financial experiences.
Crime related to cryptocurrency has increased with its proliferation and appreciation, with victims’ losses being in the tens of billions and increasing on an annual basis. Cybercriminals steal both cryptocurrency outright and the resources to “mine” it. Extortionists, such as ransomware operators and online blackmailers, may request cryptocurrency for payment, since cryptocurrency can be difficult to trace. Fraudsters defraud people by taking advantage of low-information environments, increasing interest in cryptocurrency, and consumers’ fear of missing out on the “next big thing.” These frauds include misinformation campaigns that convince investors to buy into bogus projects, the manipulation of cryptocurrency and nonfungible token projects, and the mimicking of legitimate projects to convince people to send their investments to scammers and not to legitimate technologists’ accounts.
As the losses related to, and volume of, cryptocurrency and victimization in cryptoasset-related crime have increased, so too has the attention that governments pay to cryptoassets and cryptoasset service providers (CASPs). However, regulating cryptoassets is difficult, but not impossible, although decentralized finance presents its own challenges. Most cryptocurrency users make use of centralized CASPs. Moreover, the Financial Stability Board and the Financial Action Task Force have issued guidance regarding the regulation of cryptocurrency and cryptoassets. Uptake of these suggestions has been uneven but is increasing. Even so, capacity to investigate crimes and cryptocurrency is limited; however, there is broad recognition that governments must develop public–private partnerships to approach a semblance of oversight.
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Visual Criminology in International and Comparative Context
Stefan Machura
Visual criminology concerns itself with how crimes and society’s reaction to crime appear visually and how such representations are perceived. In a Durkheimian view, individuals look out for signs that the social order is upheld or undermined by crime. In doing so, visual criminology observes, they react to visual cues such as the appearance of their environment, photos in news media, and the combination of moving pictures and sound on TV and social media. Attempts to reduce harm and to change structures also often express themselves visually.
Sight and sound often go together, and sometimes further sensual impressions are impacting on the recipient. In a society ever more saturated by visual and audio-visual media, criminology has to engage with the visual. Therefore, visual criminology will be of use to researchers from all the different strands within criminology, even if up until now most of the contributions come from anglophone countries.
As varied as the visual manifestations of crime and the response to crime are the research methods employed by visual criminology. They include making respondents react to the stimulus provided by photos, the interpretation of “found” pictures and even criminologists involving themselves in the production of audio-visual media, like TV shows or films. In this way, visual criminologists have arrived at insights that they would not have gained otherwise. Visual criminology will form an important addition to the work of criminologists, especially those who wish to engage with the new ways in which people communicate about crime, and across the globe.
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War, Police, and the Production of Global Social Order
Nicholas Walrath and Travis Linnemann
The year 2020 saw police militarization again thrust into debates regarding the nature and extent of police violence. Critics of police militarization suggest that as departments have assumed military weaponry and tactics, the institution has drifted from its original mandate of crime control and public service, portending lethal consequences for the most vulnerable. While these critics trace its origins to the advent of SWAT, No Knock raids and other tactics born of the war on drugs, what is misread as the “blurring” of military and police is in fact symptomatic of a much older process of pacification, whereby both the war power and the police power are enlisted to discipline surplus populations and establish market conditions in the interests of capital. From this position, policing has not been poisoned by the practices of war, nor have the boundaries between foreign and domestic muddied, but rather military and police are mutually constitutive and parts of a continuum of state violence. Here the “iron fist” of open violence and repression and the velvet glove of “community policing” work in conjunction to facilitate the conditions of liberal social order.
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White-Collar Crimes Beyond the Nation-State
Nicholas Lord, Yongyu Zeng, and Aleksandra Jordanoska
Historically, white-collar crime scholarship, including and since the seminal work of Sutherland, has tended to concentrate empirical, conceptual, and theoretical focus on manifestations of associated crimes and deviance, their dynamics and generative conditions, within individual nation-states. While white-collar crime scholarship itself has expanded across the globe, this predilection for analyses of local and/or national-level cases and the nature, extent, and scope of these white-collar crimes has largely remained. Notwithstanding, it is not entirely uncommon for white-collar crime scholars to make reference to the international, multinational, transnational, or global aspects of the crimes they study, even if these are predominantly national in nature, but the corresponding features and components of these “beyond-national” dynamics have not been comprehensively unpacked or conceptualized. Similarly, conceptualizing and interrogating the dynamics of white-collar crimes that go beyond national boundaries as part of their organization and nature, while recognized as significant, is often not a core analytical concern. Understanding the varying characteristics and features, as well as the differing configurations, interrelations, and organizational dynamics of those white-collar crimes that in some way transcend jurisdictional boundaries, is significant for white-collar crime theory and research.
Examining these issues in further detail and thinking through the implications of the beyond-national aspects of white-collar crimes is a useful framework for interrogating white-collar crimes and understanding the necessary and conditional relationships of the white-collar crime commission process that overlay onto common patterns of routine business activities.
There are notable examples from the academic literature but also from real cases of white-collar crime that demonstrate how white-collar and corporate offenders have organized their criminal activities across jurisdictional boundaries, how they have externalized the risks associated with their crimes, how they have exported their crimes to take place in other jurisdictions, and/or how they have utilized cross-jurisdictional structures and systems, including digital spaces and infrastructures, to facilitate their criminal activities and associated concealment, conversion, and control of illicit finances. Such analyses have often been accompanied by reference to purported processes of globalization as a generator of new and increased opportunities for white-collar crimes (though little is known about why some opportunities are realized but not others). Globalization, despite itself being a contested concept, has emerged as a significant factor for analyses of white-collar and corporate crimes that extend beyond individual nation-states as greater interconnectedness, increased mobilities, and increased interdependencies are seen. These purported processes of globalization have been identified as possessing varying intensity and speed that have influenced opportunities for, and the organization of, white-collar crimes. That said, globalization per se does not inevitably generate more white-collar crimes organized beyond the nation-state if they can be productive without having to do so. In these terms, globalization of white-collar crimes is not automatic, but is one explanatory factor that contributes to how some white-collar crimes have beyond-state aspects, usually alongside the expansion of routine business activities. Nevertheless, there is a need to explore the spatial (including digital) contexts of white-collar crimes that have beyond-national scope with a view to questioning how useful it is, or can be, to understand how different white-collar crimes pertain to, are associated with, or are restricted to particular “territories” at the domestic (i.e., nation-state), international, transnational, multinational, supranational, and global levels and how this has implications for research, policy, and practice.
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Women and Violent Extremism: Concepts and Theories
Imtashal Tariq and Laura Sjoberg
“Women” who engage in “violent extremism” are often portrayed in ways that disassociate femininity from agency in violence, sensationalize the violence that women do commit, and manipulate traits associated with femininity to portray women’s violence as femininity gone wrong. The study of “women” and “violent extremism” suffers on a variety of levels. First, both the category of “women” and the label of “violent extremism” are definitionally fraught, political, and politicized. Second, there are gendered obstructions to recovering and representing histories of women’s engagement in violent extremism that make learning about the extent of the relevant behavior difficult at best. Third, both existing theories themselves and the existing contours of the enterprise of theorizing “women” and “violent extremisms” make the project of figuring out why “women” commit “violent extremist” acts both difficult and problematic.
But why “women” engage in “violent extremism” is only an interesting question if you believe that women necessarily have something in common. Otherwise, why “women” engage in any given behavior is not any different than why people engage in that same behavior. We argue that, rather than focusing on a causal relationship between an essentialist understanding of gender and a politicized understanding of “violent extremism,” it is more productive to think about the role that gender plays in shaping “violent extremism,” conceptually and as it is practiced across a wide variety of groups and locations around the world. “Violent extremism” is indeed gendered, just not in the simple way where some generic motivation can be assigned to the participation of “women” therein.
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Youth Violence in Latin America
Arturo Alvarado Mendoza and Gabriel Tenenbaum Ewig
An issue of great importance in Latin America is what it means to become a youth, and more specifically, a juvenile victim or perpetrator of violence in relation to the territory and overall context of criminality in this region. Considering the historic singularities, an investigation of what it means to be/become must include what it means to be and become a young Indigenous, Black, mixed-race, or white youth and either poor, middle class, or wealthy. Admittedly, it is practically impossible to capture every existing difference in the juvenile condition in the region.
The study of these issues in Latin America must be approached by considering its history of colonialism, which subjugated its various cultures. One must also consider the long-term consequences of the military dictatorships that hounded the region for decades. Youth have also been affected by the global integration processes and the era of neoliberal policies. When studying juvenile deviant behavior and crime, we must consider the deep and cyclical economic crises that have scourged the region—the inherited disadvantages, the structural inequalities, and the lack of fundamental rights that impact what it means to be/become a youth in this region.
Self-inflicted, interpersonal, collective, and political violent behaviors affect Latin American youths. A salient form of aggression comes from lethal armed violence as well as other crimes that have specific regional traits. In most cases, the deviant behavior is a result of interpersonal conflicts. However, in other situations, collective violence is caused either by precarious urban settlements plagued by violence or by the presence of criminal organizations that affect their everyday life.
Widespread gender violence is also a problem in the region. Young women and girls are subject to systematic victimization: sexual, racial, occupational, and political. Latin America faces a profound crisis of gender violence, with a constant increase in its most fatal form: femicides.
In this context, national authorities have developed public policies but, for the most part, they still are ineffective in mitigating the problems.
One of the most important difficulties faced when reforming juvenile justice systems in the region is recognizing adolescents as entitled to human rights and terminating the old inquisitorial or tutelage model. We must take into account that in this region, there is a cyclical demand for more punitive measures and hard-line policies against juvenile offenders.
