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Article

Birmingham Centre for Contemporary Cultural Studies  

Hugo Goeury

In the mid-1970s, the Centre for Contemporary Cultural Studies (CCCS), which came to be known as the “Birmingham School,” published two major books that contributed substantially to the field of critical criminology: Resistance Through Rituals (RTR) and Policing the Crisis (PTC). These two groundbreaking and complementary works aimed to contribute to the two main topics of criminological enquiry: deviance/crime and social reaction/punishment. In both cases, the Centre deployed a Marxist-inspired and sociologically driven approach whose main objective was to study both deviance and social reaction from a critical perspective that takes into consideration the broader social, political, economic, and cultural context in which they take place. RTR challenged the dominant discourse of the postwar era, which proclaimed the end of class antagonism and the exhaustion of “class” as a relevant social category. The Birmingham School’s research demonstrated that the many subcultures—punks, mods, teddy boys, rastas, etc. —that flourished in the United Kingdom at the time were not symptomatic, as many argued, of the rise of a “classless youth.” On the contrary, RTR made the case that subcultures are part of a century-long tradition of symbolic, working-class resistance against the hegemonic order. From this perspective, subcultures were seen as an attempt, on the part of working-class youths, to solve the many contradictions of their class experience at a time of broad, multidimensional changes. While the Birmingham School’s work on subcultures was a celebration of working-class resistance and agency, ultimately, it reached the conclusion that this form of resistance, which remained restricted to the symbolic sphere, could not offer a solution to the exploitation and oppression faced by working-class youth, which stemmed from the material, social relations of production of capitalism. While RTR focused on “deviance,” PTC shifted the analysis to the other side of the equation, that of social reaction and punishment. In this second publication, Stuart Hall and his co-authors developed an impressive “conjunctural analysis” approach that allowed them to move from the study of the so-called “mugging crisis” of the United Kingdom in the early 1970s, to the elaboration of their groundbreaking theory on crisis of hegemony and the rise of a new, “law and order society.” PTC is one of the pioneering studies that argued that the rise of “authoritarian populism” and the birth of a “law and order society” that were taking place in the United Kingdom in the 1970s were not temporary phenomena but were representative of a long-lasting change of epoch. More than 40 years after the publication of this seminal work, it leaves no doubt that the Birmingham School’s predictions have been validated, as is corroborated by an extensive literature studying the “punitive turn” that has taken over the globe over the last few decades. Overall, at a time when criminology was becoming increasingly dominated by positivism and disconnected from the sociological tradition, the Birmingham School’s most influential and long-lasting legacy resides in RTR and PTC’s invitation to critically investigate what the CCCS members called the “social and political ‘conditions of existence’” of both deviance/crime and social reaction/punishment.

Article

The Characteristics of Illegal Markets  

Matías Dewey

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.

Article

Climate Change  

Rob White

Climate change is the defining problem of the 21st century. Global warming is transforming the biophysical landscape in unprecedented ways, with far-reaching negative consequences for all life on the planet. Extreme weather events, prolonged droughts, rising sea levels, and melting glaciers have enormous ramifications for humans and nonhuman species across the globe. Climate change criminology focuses on the crimes and harms associated with climate change. It examines the dynamics of criminality from the point of view of the causes of climate change, as well as the social consequences of climate change. Criminologically, strain theory provides one lens by which to understand climate-related criminal behavior, while the concepts of ecocide and state-corporate crime provide a nexus between crimes of the powerful and global warming to explore. The notion of differential victimization describes how some suffer the effects of climate change to a greater extent than others and includes reference to nonhuman victims such as animals, rivers, and trees. For criminology, climate change demands much greater attention than hitherto has been the case—for it constitutes a profound existential crisis affecting all.

Article

Corporate Crime and the State  

Adam Ghazi-Tehrani

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.

Article

Corporate Fraud, Corruption, and Financial Malfeasance  

Harland Prechel

Corporate failures and financial crisis in the early 21st century generated an increased awareness of the pervasiveness of corporate corruption, fraud, and financial malfeasance. In addition to the tremendous financial costs to society and the loss of public confidence in corporations and social institutions, corporate wrongdoing adversely effects corporations by undermining profits, morale, and trust. Understanding contemporary corporate corruption, fraud, and financial malfeasance requires an examination of the extent to which historical variation in organizational, political-legal, and ideology arrangements affect opportunities for managers to engage in these behaviors. These components of the social structure are not mutually exclusive but are part of a dynamic system that consists of many interconnected component parts. As a whole, the literature examined here suggests that the components of the formal and informal structure create incentives, motivations, and opportunities to engage in corruption, fraud, and malfeasance. The emphasis on social structure is critical to advance our understanding of how corporate political embeddedness, the social organization of markets, and corporate characteristics all affect wrongdoing. The main findings include the following. 1.Contemporary research confirms and extends Sutherland’s initial insight that differential social structure creates variation in opportunities to engage in corporate crime. Corporate characteristics, including structure, size, vertical integration, prestige, cognitive assumptions, corporate norms, dependence on institutional investors, bounded rationality, opportunities, and political embeddedness, are associated with corporate corruption, fraud, and financial malfeasance. 2.Corporations in the United States engaged in political behavior to re-regulate multiple spheres of corporations’ political embeddedness that permitted management to enter existing markets, create new markets, and engage in high-risk behaviors in them. 3.Corporate culture and ethics interact with markets and other dimensions of the social structure to create normative conditions conducive to corporate corruption and fraud. 4.Individual characteristics, including chief executive officer’s (CEO’s) age and the networks among top management and corporate boards, affect corporate corruption, fraud, and malfeasance. 5.Given that few policy changes were implement in the 2008 post-crisis era, the political embeddedness and characteristics of corporations continue to provide opportunities for corporations and their agents to engage in corruption, fraud, and malfeasance.

Article

Critical Criminologies  

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.

Article

Critical Criminology and the Critique of Domination, Inequality and Injustice  

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.

Article

Economic Crises, Common Crime, and Penality  

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.

Article

Enemy Penology  

Susanne Krasmann

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.

Article

Gangs and Globalization  

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.

Article

Green Cultural Criminology: Foundations, Variations and New Frames  

Anita Lam, Nigel South, and Avi Brisman

Green cultural criminology (GCC) is a hybridized, interdisciplinary approach, drawing upon general propositions associated with green criminology and cultural criminology. Whereas green criminology is concerned with crimes and harms affecting the natural environment and the planet, including their associated impacts on human and nonhuman life, cultural criminology is focused on the ways and means by which crime and crime control are socially constructed, enforced, represented, and resisted. The directions of GCC are wide-ranging and can be expressed as forms of inquiry about (a) media and popular cultural representations of environmental harms, crimes, and disasters, including how difference, deviance, and resistance are constructed in regard to environments and spaces; (b) the dynamics and constructions of consumption, especially with respect to the commodification of nature; and (c) the contestation of space, transgression, and resistance in relation to environmental harms. Over time, variations in GCC have emerged to explore how the cultural production of meanings—namely meanings associated with environment, human, and nonhuman species along with the connections and linkages between them—structures and informs the various ways that we conceive and make sense of, think and feel about, as well as act toward, interact with, and make decisions regarding the environment. To enhance existing ways of thinking about GCC in a post-pandemic world, four additional “cultural frames” are suggested for investigation and analysis: ekphrasis, elite consumption, commodification of nature, and Black Sky Thinking.

Article

Hyperincarceration and Indigeneity  

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.

Article

Moral Panics and Folk Devils  

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

Narrative Criminology  

Lois Presser

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.

Article

Political Ideologies and Penality  

Zelia A. Gallo

The literature on contemporary Western punishment presents us with a number of possible approaches to political ideologies and penality. The first approach requires us to ask what different political ideologies have to say about crime and punishment. This entails a close analysis of the ideologies’ main claims on matters of power, authority, and collective co-existence, to see if and how such claims have played out in the penal sphere. Analyses of social democratic penality serve here as useful case studies for such an approach. Such analyses also illustrate the second approach to questions of political ideology and penality. This approach requires us to ask what impact crime has had upon the fate of different ideologies. Have the changing incidence and changing perceptions of crime come to threaten the legitimacy of dominant ideologies? The third approach is that of critique of ideology: penality is studied as ideology, to discern what it conceals about reality and existing power relations. Here the analysis of contemporary UK offences of dangerousness acts as a case study for such an approach. To the extent that offences of dangerousness are rooted in neoliberalism, the discussion also introduces us to debates concerning neoliberalism and penality, in particular the idea that contemporary punishment expresses both the ascendancy of neoliberal doxa, and the decline of existing macro-ideologies such as social democracy. This decline can be seen as a move toward a post-ideological era, in which crime and punishment have come to replace political visions and utopias. However, recent scholarship on political ideologies argues that the latter are ubiquitous and permanent features of political thinking. This implies that the contemporary era cannot be described as post-ideological. Rather, it is an era in which macro-ideologies such as social democracy—which provided a holistic view of social order and comprehensive ideational resources to construct it—have been replaced by thin ideologies—which offer us narrower visions and ambitions. Examples of such thin ideologies include populism and technocracy. It is then possible to study the link between thin-ideologies and penality, a study that is here exemplified by the analysis of populism and penal populism, and technocracy and epistemic crime control. An analysis of thin ideologies and penality can also be undertaken with a normative project in mind, namely that of identifying within these thin ideologies, possible ideational resources that might be used to imagine a better penal future: one that is more moderate, more democratic, and less punitive.

Article

Punishment, Marxism, and Political Economy  

Alessandro De Giorgi

The political economy of punishment is a critical approach within the sociology of punishment that hypothesizes the existence of a structural relationship between transformations of the economy and changes in the penal field. Inspired by a neo-Marxist framework, this materialist critique of punishment explores—from both a historical and a contemporary perspective—the connections between the reorganization of a society’s system of production and the emergence, persistence, or decline of specific penal practices. Thus, materialist criminologists have investigated the parallel historical emergence of factories as the main sites of capitalist production and of prisons as the main institutions of punishment in modern societies. Scholars in the field have also explored the correlations between incarceration rates and socioeconomic indicators, such as unemployment rates, poverty levels, welfare regimes, and labor markets. This materialist framework has been criticized in mainstream criminological literature for its alleged economic determinism. In particular, critiques have focused on the theory’s tendency to overlook the cultural significance of punishment and the politico-institutional dimensions of penality, as well as on its exclusive emphasis on the instrumental side of penal practices as opposed to their symbolic dimensions. In response to these critiques, some recent works have tried to integrate the old political economy of punishment with epistemological tools from different disciplinary fields in order to overcome some of the limitations of the materialist approach. This broadening of the structural paradigm in criminology could point toward the envisioning of a “cultural political economy of punishment.” Particularly in its more recent iterations, the materialist critique of punishment provides a powerful lens for investigating current transformations in the penal field, such as the advent of mass incarceration and the ongoing prison crisis in the United States.

Article

Theory and Green Criminology  

Kimberly L. Barrett and Rachelle F. Marshall

Green criminology refers to a perspective within criminology that, broadly speaking, is devoted to the study of crime against and harms to the natural environment. Initially, green criminology was introduced as the study of environmental harm from a political-economic vantage point and was informed by theories from critical, radical, and political-economic (e.g., “conflict paradigm”) perspectives. Over time, however, new definitions of green criminology have emerged, as have new terms for the criminological study of environmental crimes (e.g., “conservation criminology”). These developments have invited new theoretical interpretations of environmental crime and justice. While conflict theories still maintain a degree of centrality in green criminology, the perspective has expanded to include mainstream theoretical orientations (e.g., “classical paradigm,” “consensus/positivist paradigm”) as well.