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Article

Since criminal violence involves doing harm to someone (as well as rule breaking) a theory of aggression is needed to help explain it. A social interactionist (SI) theory of aggression fits the bill. According to this perspective there are strong incentives for aggression. Sometimes individuals harm or threaten to harm others in order to force compliance. They compel the target to do something for them or deter them from doing something that offends them. Sometimes they punish someone who offends them in order to achieve justice or retribution. They feel morally justified and self-righteous about their behavior. Sometimes they are attempting to assert or protect their self- or social image. Finally, some violence involves thrill seeking. These are basic motives of human behavior, and they can readily explain the incentives for both verbal and physical aggression. An SI perspective is a challenge to frustration-aggression approaches (including general strain theory) that claim that aversive stimuli and negative affect instigate aggression. Negative affect plays a much more limited causal role in producing violence from an SI perspective. A bad mood after an aversive experience may facilitate an aggressive response if people fail to consider costs and moral inhibitions when they are in a bad mood. The aversive experience does not instigate aggression unless the person responsible is assigned blame. Blame is critical because it leads to a grievance and a desire for retribution. Some acts of criminal violence are predatory, and some stem from verbal disputes. The violence of the robber, the rapist, and the bully are usually predatory. Most homicides and assaults stem from disputes. It is therefore important to study the social interaction during disputes in order to understand why they sometimes escalate to violence. A social interactionist approach suggests it is important to study interpersonal conflict that underlies dispute-related violence, since conflict often leads to grievances. Cooperative face-work (i.e., politeness) prevents violence because it avoids attacks on selves. When such attacks occur, they tend to lead to retaliation and the possibility of escalation. Third parties can influence the outcome if they instigate or mediate the dispute, or just serve as a passive audience. Mediators can allow both sides to back down without losing face, but they can also encourage weaker parties to fight. Finally, violence can be considered a form of informal social control when social control by third parties is ineffective. An SI approach emphasizes the importance of adversary effects (i.e., the physical threat posed by adversaries). People take into account the relative coercive power of their opponent when they decide whether to engage in violence and what tactics to use. If they attack adversaries who are physically stronger, they may rely on weapons or allies. Adversary effects explain why armed violence spreads across a community and why it lowers rates of unarmed violence. They help to explain variation in violent crime across nations, regions, and racial/ethnic groups.

Article

Contemporary societies are culturally diverse. This diversity can be the result of different historical and social processes and might affect the uniformity and efficiency of criminal justice systems. Colonization of indigenous populations that started in the 15th century later European colonization of Africa and migration flows following the Second World War have contributed to this diversity in different ways. The growing importance acquired by culture in the criminal law domain went hand in hand with the attention received by it both in the human rights field (especially linked to minority rights) and in the field of sociological and criminological theories. Nowadays, crimes such as female genital mutilation, forced marriages, and other behaviors grounded in “culture or tradition” form the object of several international human rights instruments and media reports. The way in which criminal justice systems deal with such cases, and more in general with cultural factors, varies greatly. Different instruments have been proposed to allow the consideration of cultural elements within criminal proceedings among which (in common law countries) is the formalization of an autonomous “cultural defense.” However, international human rights instruments, especially those protecting the rights of vulnerable subjects such as women and children, have repeatedly discouraged states to take into account “culture, religion, and tradition” as grounds for justification (see, e.g., the Istanbul Convention). Criminal proceedings are not the only setting to deal with culture and crime. More recently, the development of alternative dispute resolution mechanisms and restorative justice both within formal and informal (community) settings have given an additional option to take culture into account in the resolution of disputes (in terms of procedures used and normativities in play). Concerns exist with regard to the substantive and procedural rights of participants to these programs. However, these alternatives could represent a way to allow a certain degree of legal pluralism and facilitate access to justice for minority groups.

Article

Fakes and forgeries are topics of frequent and agitated discussion in the art world. For criminologists, this interests shifts to art fraud because of its fit with issues of non-authentic art. While fraud shares with the wider interests the need to demonstrate deception (an obvious aspect of a fake), a successful prosecution will require in addition that the defendant be shown to be dishonest (that is, that the deception is intentional), that there is harm as a consequence, and that the victim was actually deceived. Despite its popularity as a topic for discussion in the art world, actual cases of art fraud are exceptionally rare, although cases of “mistaken identity” are reasonably common (but these will often lack the deception and intentionality required of fraud). Among the reasons for art fraud being infrequently observed appear to be: (1) police are less than eager to pursue issues of fraud in art; (2) the deceptive skills required of a successful art faker are actually rarely observed or achieved; and (3) the role of the victim in art fraud is complex and often renders victims either passive or non-compliant with the justice process.