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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.

Article

Andreas Hövermann and Steven F. Messner

Institutional Anomie Theory (IAT) was originally formulated as a quintessentially macro-level theory of crime focused on the properties of large-scale social systems. The main substantive claim of the theory is that an institutional structure characterized by the dominance of the economy over other, non-economic institutions tends to be conducive to high levels of crime. Such economic dominance in the institutional structure is theorized to be manifested through three primary processes: the norms and values associated with the economy penetrate into other realms of social life; non-economic roles tend to be accommodated to the requirements of economic roles when conflicts emerge; and non-economic functions and roles are devalued relative to economic functions and roles. Economic dominance in the configuration of social institutions is linked with crime via complementary institutional and cultural dynamics. The enfeeblement of non-economic institutions accompanying economic dominance limits their capacity to perform their distinctive social control and socialization functions, and anomie permeates the culture. The defining feature of such anomie is that the egoistic or utilitarian motives associated with the market economy prevail, and technical expediency guides the selection of the means to pursue personal goals. IAT has informed a growing body of research dedicated to explaining cross-national variation in crime rates. While empirical studies have generated mixed results, the research literature is generally supportive of the theory. The most consistent conclusion from these studies is that the scope and generosity of the welfare state are associated with reduced levels of crime, especially lethal criminal violence, either directly or by mitigating the effects of other criminogenic conditions, such as economic inequality or economic insecurity. The precise nature of the effects of the different social institutions on crime, for example whether they exhibit “mediating” or “moderating” relationships, remains uncertain. The cultural dynamics informed by IAT have received less attention, but recently some efforts to incorporate culture have been promising. Along with the studies conducted exclusively at the level of nation states, an emerging area of research applies IAT in a multilevel framework. The results have been mixed here as well, but these studies have indicated how structural marketization translates into shared values that help explain individual variation in criminality. Several challenges remain for future research. IAT is cast at a high level of abstraction, which creates ambiguities about the precise nature of any causal structure among variables and the most appropriate procedures for operationalizing the main concepts. Moreover, research indicates that it might be important to focus not only on the strength but also on the content of non-economic institutions as the economy penetrates into non-economic institutions. Another challenge pertains to the role of religion as a non-economic institution, given research revealing that its functioning as a protective non-economic institution deviates from that of other non-economic institutions.

Article

Nachman Ben-Yehuda

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

Article

As the most serious crime, homicide is both relevant and suitable for cross-national comparisons. The global homicide rate of ca. 6 per 100,000 people is an average of hugely diverging national rates ranging from 0.25 in Singapore to ca. 100 in El Salvador. The validity of global homicide statistics suffers from various differences in definitions as well as reporting and registration processes. Both criminal justice and causes of death statistics are used by the World Health Organization to construct rates, yet these are available only for a minority of countries. An overview on homicide in history and non-state societies shows that violence levels were considerably higher compared to those in today’s developed world and have dropped dramatically in Europe and North America during the early modern period. The rates first increased and then declined between ca.1960 and today in most developed nations in a synchronized manner, hinting at common influences. In recent years, homicide trends have shown a polarizing pattern, with increasing rates in Latin America and decreasing rates in most other world regions, especially East Asia and the Pacific, where rates have fallen below the European average concurrent with rising scores on the Human Development Index. Except in Eastern Europe, the frequency of homicide is strongly linked to the use of firearms, which account for 44% of homicide cases worldwide. Longitudinal studies have produced robust evidence for the pivotal role of deprivation and inequality in fostering lethal violence and of social welfare policies in reducing it. Although the transition to democratic political systems seems to increase homicide rates temporarily, the legitimacy of state institutions and the suppression of corruption are connected to lower homicide rates. Because of conceptual and methodological problems, questions concerning the generalizability of effects across space and time remain. Nevertheless, the research findings are sufficiently robust to draw important conclusions for violence prevention: reductions in poverty and income inequality, investments in welfare policies and gender equality, and improvements in the legitimacy of state institutions will help to bring homicide rates down.

Article

Sentencing is a complex task that involves judicial officers imposing sentences in the first instance and deciding appeals from those judges in certain circumstances. Both trial and appellate courts are usually invested with some discretion as to the nature and quantum of sentence that may be imposed. Appellate jurisdiction varies widely between countries reflecting disparate approaches to discretion, differences in the grounds of appeal, in the deference paid to trial judges and the role of prosecution in the appellate process. While most jurisdictions give defendants the right to appeal against sentence, they differ in the ability of prosecuting authorities to appeal against sentence. In some jurisdictions there is considerable asymmetry between defendants’ and prosecution’s appellate rights. Historically, defendants’ rights of appeal preceded, and have been more extensive those of the prosecution, and traditionally, the balance has been tilted in favor of defendants. However, in a number of jurisdictions, this imbalance has been questioned. The principal arguments against prosecution appeals have centered on the concept of double jeopardy, which has long applied in substantive criminal procedure. Since the early 1980s the analogy with substantive double jeopardy has been questioned or rejected as has the double jeopardy principle itself. Justifications for the principle such as the anxiety and distress suffered by the defendant, the need for finality, the possibility of double punishment, and the abuse of power have all been re-assessed. The case for equal or symmetrical rights rests on the basis that the law requires that error, whether in favor of the defendant or the prosecution, should be corrected as a matter of justice. A balanced appellate process can ensure consistency in, and the adequacy of, sentencing standards, provide guidance to sentencing judges, and increase victims’ and public confidence in the criminal justice system.

Article

The unofficial War on Terror that began in the wake of the September 11, 2001 terror attacks in the United States expanded a wide range of formal social controls as well as more informal methods of punitive control that were disproportionately directed toward Muslims, Arabs, Middle Easterners, and those who were perceived to be. Although terrorism had been racialized long before 9/11, this event galvanized American support for sweeping new policies and practices that specifically targeted racial and ethnic minorities, particularly those who were immigrants. New agencies and prisons were created, individual rights and civil liberties were restricted, and acts of hate and discrimination against those who were racially, ethnically, and religiously stereotyped as potential terrorists increased. Although research shows that most domestic terrorism is not perpetrated by Muslims, Arabs, or those originating from the Middle East, the racialized stereotype of terrorists had a major impact on how the War on Terror was executed and how its implementation affected members of certain minority groups in the United States.

Article

In a broad sense, international criminology can be described as the set of activities related to crime prevention and control, coming from the academia, public and private institutions and agencies, to join efforts to debate and publish and make policies, addressed to a global audience beyond a single country. This process of internationalization of criminology, started since its beginnings as a science, at the end of the 19th century through important congresses and meetings developed in Europe, where public officials and academics met. In the 21st century we can talk of a global or globalized criminology around the world, expressed also via websites on the Internet. Together with international crimes (genocide, crimes against humanity, crimes of war and, to a lesser extent, aggression as crime against peace), transnational crimes (corruption, financial crime, terrorism, organized crime, and its different modalities of illegal trafficking, cyber-attacks, and crimes against the environment), as well as crimes of abuse of (political and economic) power (enforced disappearances, summary executions, torture) are the subject matter of international criminology. However, the concept of international criminology is elastic and welcomes any international approach to other topics, traditionally thought domestically; in any case from the international perspective the social-political dimension of criminality appears as a much more relevant issue than the criminal’s personality (and treatment) and protection of victims and the community become the focus of interest. Within the internationalization of criminology there are at least two trends that deserve further analysis. The first one is how to balance the cultural differences among all the countries and the myriad of interests involved in the construction of an international criminology. Some criticism is heard in the sense that international criminology is influenced by American or Anglo-Saxon views. From this perspective it is observed a risk of producing academic, legal, and policy criminological transplants without considering the cultural and socioeconomic context of every country and the voices of their inhabitants. The second trend refers to the role of international criminology in relation with the increasingly diffuse borders between police, intelligence agencies, and military forces; crime control and war; or internal and external security. Even though international crimes have always been a core topic, war and political and economic abuse of power across borders have been quite forgotten in the agendas of both national and international criminology. Today there are different forms of cooperation among countries in conflict situations, (e.g., terrorism, border controls, and the so-called refugee crisis) where the military, intelligence agencies, police forces, and private corporations of different countries work together, providing international criminology new topics for critical reflection and action.

Article

Keith Guzik and Gary T. Marx

Recent literature at the intersections of surveillance, security, and globalization trace the contours of global security surveillance (GSS), a distinct form of social control that combines traditional and technical means to extract or create personal or group data transcending national boundaries to detect and respond to criminal and national threats to the social order. In contrast to much domestic state surveillance (DSS), GSS involves coordination between public and private law enforcement, security providers, and intelligence services across national borders to counteract threats to collectively valued dimensions of the global order as defined by surveillance agents. While GSS builds upon past forms of state monitoring, sophisticated technologies, the preeminence of neoliberalism, and the uncertainty of post–Cold War politics lend it a distinctive quality. GSS promises better social control against both novel and traditional threats, but it also risks weakening individual civil liberties and increasing social inequalities.

Article

International Criminal Justice is a controversial concept, and there is a burgeoning body of literature on its exact contours. Understood broadly, the term “international criminal justice” covers a broad category, integrating international criminal law (ICL) within an overarching interdisciplinary enterprise also “incorporating philosophical, historical, political and international relations, sociological, anthropological and criminological perspectives” (Roberts, 2007). International criminal law consists, at its core, of a combination of criminal law and public international law principles. The idea of individual criminal responsibility and the concept of prosecuting an individual for a specific (macrocriminal) act are derived from criminal law, while the classical (Nuremberg) offenses form part of (public) international law and thus the respective conduct is directly punishable under ICL (principle of direct individual criminal responsibility in public international law). The dualistic base of international criminal law is also reflected in the reading of the mandates of the international criminal tribunals; one can either take a “security, peace, and human rights”–oriented approach or a “criminal justice”–oriented approach, either of which may entail a paradoxical goal or purpose ambiguity of international criminal law. In any case, the strong grounding in criminal law, together with the actual enforcement of international criminal law by way of international criminal proceedings and trials, converts international criminal law into criminal law on a supranational level and thus entails the full application of the well-known principles of liberal, post-enlightenment criminal law, in particular the principles of legality, culpability, and fairness. These principles constitute the minimum standard of any criminal justice system based on the rule of law and thus must also apply in an international criminal justice system. The adoption of the Rome Statute of the International Criminal Court (ICC) in 1998 and the effective establishment of the Court in 2002 have led to an institutionalization of international criminal law, turning the page on ad hoc imposition in favor of a treaty-based universal system. In addition, the Rome Statute provides for the first codification of international criminal law, with a potentially universal reach. Therewith, international criminal law was not only united into a single penal system of the international community, but it was also extended beyond its fundamental core areas of substantive and procedural law into other branches of criminal law (law of sanctions, enforcement of sentences, and judicial assistance).

Article

Joachim J. Savelsberg and Suzy McElrath

Structural and cultural changes in the modernization process, combined with contingent historical events, gave rise to a human rights regime. It is codified in the Universal Declaration of Human Rights, promulgated after World War II and the Holocaust. Yet, only the gravest of human rights violations have been criminalized. First steps were taken beginning in the 19th century with The Hague and Geneva Conventions, constituting the Laws of Armed Conflict. They were followed by the Convention for the Prevention and Punishment of the Crime of Genocide (1948), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984), and eventually the Rome Statute (1998) on which the first permanent International Criminal Court is based. Some scholars even observe a justice cascade. Enforcement of the norms entailed in the above legal documents benefits from opportunities such as increases in international interdependencies, the buildup of international organizations, and the proliferation of nongovernmental organizations in the human rights realm. Challenges arise from partially competing principles such as conflict settlement and survival of suffering populations as cultivated by social fields such as humanitarianism and diplomacy and from a lack of law enforcement. While international institutions play a crucial role, much international law is implemented through domestic courts. International penal law pertaining to human rights has affected domestic policymaking in the human rights realm but also nation-level policies pertaining to the punishment of common crimes. Finally, debates continue to rage regarding the effects of the criminalization of grave human rights violations. Proponents have thus far focused on potential deterrent effects, but a new line of thought has begun to take cultural effects seriously. Its representatives identify a redefinition of those responsible for mass violence as criminal perpetrators and substantial representational power of international criminal law against those who bear responsibility for the gravest of human rights violations.