Environmental crime is a complex and ambiguous term for several reasons. It is sometimes used as an umbrella term for crimes related to biodiversity, wildlife, animals, natural resources, hazardous waste, banned substances, and environmental quality, but scholars have also developed typologies to capture the unique dimensions of each form of environmental crime. Disagreements regarding whether to distinguish violations of environmental laws (addressed via civil prosecution or administrative actions) from environmental crimes (criminally prosecuted), and whether to also consider environmental harms (legal activities that harm the environment) or environmental risks produce further confusion. The range of offenders also complicates this concept, as individuals, groups/networks, and powerful organizations commit environmental crimes. The degree of harm created by each actor may, or may not, be equivalent.
Given the complexities of this area of study, scholars have developed and/or tested a wide range of theoretical perspectives on and interventions to address environmental crime. Consistent with conceptual disagreements, these theoretical frameworks and corresponding interventions vary (arguably the most) based on whether the dependent variable is environmental crime (as defined by law), or environmental harm or risk defined using other criteria. However, multiple theoretical perspectives/interventions are also examined within research on these broad categories of environmental crime, harm, and risk. In order to capture the breadth of research on environmental crime, we narrow the focus of this article to pollution related crimes (e.g., hazardous waste, banned substances, environmental quality). In the following article, we offer further detail regarding conceptual discussions, legal complexities, types of offenders, types of crime, and research on this subset of environmental crimes.
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Environmental Crime
Carole Gibbs and Rachel Boratto
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The Harms and Crimes of Waste
Lieselot Bisschop and Karin van Wingerde
The increasing volume and toxicity of waste generated globally has been one of the most significant environmental issues since the 1980s. Following several disasters across the world, waste was more strictly regulated, and the waste industry became a massive industrial complex. Waste is inherently tied to consumption and production processes and therefore goes hand in hand with societal developments like industrialization, urbanization, and globalization, which have all impacted the scale and hazardousness of waste. Although many cases of illegal waste trade have been documented and even prosecuted, the harms and crimes of waste relate to much more than the illegal transport and disposal of it across borders. Waste crimes and harms occur in everyday production and consumption processes and often remain hidden or only become known after a considerable amount of time. Moreover, most of the harms caused by waste follow from regulated industrial processes or consumer behaviors. Not only has waste been a long-time societal challenge, but it also remains a key focus of criminological inquiry. Waste continues to be a paramount example of the ambiguities that come with globalization and the regulation of harmful business and societal practices. Based on a review of the available academic literature and using several case studies as examples, this article provides a broad introduction into the topic of the harms and crimes of waste. It focuses on household and industrial waste, on (global) waste streams, on waste production, and on treatment and disposal of waste, and it illustrates the criminogenic characteristics of waste. Moreover, this article discusses both the causes (industrial processes) and the effects (harms) of waste production and disposal.
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International Criminology: Concept, History, Developments, and Institutions
Gema Varona and José Luis de la Cuesta
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 international 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, very diversed in themselves. 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, particularly if cyberspace beyond borders is considered. Even though international crimes have always been a core topic, war and political and economic abuse of power across borders, mainly conceived as state and corporate crime, 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.
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Organizational and Organized Cybercrime
Yongyu Zeng and David Buil-Gil
Cybercrime has been on the rise since the 1990s, affecting individuals, private organizations and public agencies. There is an increasing involvement of organizations, both legitimate businesses and organized crime groups, in cybercrime, either as offenders or facilitators, but also as victims of cybersecurity attacks and cyber-enabled fraud. Since the “organizational” aspect of cybercrime is growing rapidly, this chapter urges cybercrime research to shift the attention toward better understanding, theorizing, and preventing cybercrimes with a direct or indirect involvement of organizations. This chapter describes the state of the art of organizational and organized cybercrime research. That is, the chapter describes what research has found regarding the role of organizations, both legitimate businesses and organized crime groups, in cybercrime, either as offenders, facilitators, or victims. Consequently, the chapter identifies common themes emerging from criminological studies, and illustrates research findings with case studies of cybercrimes recorded in France, the United States, Costa Rica, and the United Kingdom. Studies focusing on organized cybercrime groups show that offending networks have a spectrum of organizational complexity—from one extreme of loosely connected actors driven by common interests instead of stated leaders, to the other extreme of enduring and tightly connected groups of core members who coordinate the division of labor—with both illicit online sites and pre-existing relations in offline settings playing important roles in criminal network development. Cybercriminals may be parasitical on legitimate organizational structures and procedures in creating an outlook of legitimacy for concealment. Legitimate businesses may also facilitate white-collar cybercrime by providing the organizational means and resources for employees to carry out generally low-tech data breaches during their occupations, as well as directly engaging in cybercriminal activities such as cyber-espionage and cyber-enabled tax avoidance. Regarding the role of organizations as victims of cybercrime, research shows that the risk, nature, and harm of cybersecurity incidents varies extensively depending on the sector and size of organizations, and while not all forms of technical protection equally prevent organizational cybercrime victimization, improving cybersecurity awareness of employees (e.g., through training and seminars) seems to have strong impacts in preventing future incidents. The chapter then identifyies gaps in research and points researchers toward areas in which further research is needed.
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State–Corporate Crime Nexus: Development of an Integrated Theoretical Framework
Casey James Schotter and Ronald C. Kramer
State–corporate crime research has developed significantly since William Chambliss’s presidential speech to the American Society of Criminology in 1989 calling for specific attention to corporate crimes and connections with the state. From 1992 to 2000, four foundational case studies established a working theoretical framework. Since its debut in 1998, the integrated theoretical framework has had two levels of analysis added as well as the key concepts of state-initiated, state-facilitated, corporate-initiated, and corporate-facilitated crime. However, events of the 21st century have demonstrated the importance of developing the international level of analysis of the theoretical framework. The Great Recession of 2008, the Panama Papers and tax evasion by those people and corporations named, Peruvian lawsuits against German fossil fuel industries regarding climate change, the Cambridge Analytica data-mining scandal, and the global Covid-19 pandemic of 2020 elucidate the international connections between states and businesses and the need for extensive research uncovering these connections and the mechanisms used by states and corporations to maintain and reproduce these criminal partnerships.
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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.