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Posts tagged Criminal Justice
Integrity and Independence of Criminal Justice Institutions in the Western Balkans: Police and Prosecution

Edited by Uglejesa Ugi Zvekic and Ioannis Vlassis

Despite reforms, political influence continues to affect prosecutorial and police services across Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia (collectively, WB6), hindering effective action against organized corruption. The report provides a detailed examination of police and prosecution services in the region and evaluates the integrity, operational independence, and oversight of these institutions, especially in their role against organized crime and corruption. WB6 countries face challenges like ineffective internal oversight, low conviction rates for high-ranking officials, and limited resources within dedicated anti-corruption divisions within police and prosecution services. This study emphasizes the need for reinforced accountability, resilience, and operational independence to dismantle corruption networks. Among key recommendations, the report advocates for regional cooperation, stronger educational and training programs, and enhanced civil society engagement.

Geneva: Global Initiative Against Transnational Organized Crime, 2024. 91p.

Designing the Swedish Crime Harm Index: An Evidence-Based Strategy. 

By Fredrik Kärrholm, Peter Neyroud & John Smaaland

Research Question -  Which method for deriving a Crime Harm Index (Policing 10:171 183, 2016) for Sweden from criminal justice sources offers the best evidence for providing a sensitive indicator of differences in harm levels across offence categories? Data The number of days of imprisonment for each offence category associated with five different kinds of scales were extracted and compared: consensus by an expert panel of judges, the statutory maximum penalties, statutory minimum penalties, the average of maximum and minimum penalties and the average of actual sentences imposed in a recent time period for each crime type. Unlike the UK, for which the Cambridge Crime Harm Index draws on sentencing guidelines, Sweden has no such guidelines to offer. Methods - The data were compared for sensitivity defined as the difference in length of imprisonment days between high and low severity crimes, as well as other characteristics of the data sources. Findings - Given the available alternatives, the sentencing data average of actual sentences handed down by crime type provided the greatest reliability and sensitivity across the penalties for offences of high and low severity. Applying that method to both crime trends and crime mapping produces substantially different results from counting all crimes with equal weight and can be used by police and others to allocate resources with greater precision in relation to harm prevention. Conclusions - On both empirical and normative grounds, the average sentences in a recent time period for each crime category provides the most sensitive and democratic method for establishing an officially recognized Swedish Crime Harm Index.  

Cambridge Journal of Evidence-Based Policing 4(1): 15–33. 2021.  

The Future of Crime in Los Angeles and the Impact of Reducing the Prison Population on Crime Rates

By Richard Rosenfeld, James Austin

In this report, the authors devised statistical models to “predict” past yearly changes in Los Angeles’s rates of violent and property crime from the early 1960s through 2021, employing a very small set of predictive variables known to be associated with levels of crime. The yearly changes projected for those years corresponded quite closely to the actual changes. The authors then used the models to forecast crime trends through 2026. Violent crime is forecast to decline through 2026, while property crime is expected to rise modestly in the same period. The analysis also finds that if California imprisonment rates were reduced by 20%, the effect on crime in Los Angeles would be minimal.

New York: Harry Frank Guggenheim Foundation. 2023, 21pg

When Men Murder Women: A Review of 25 Years of Female Homicide Victimization in the United States

By The Violence Policy Center

For the past 25 years, the Violence Policy Center (VPC) has published its annual study When Men Murder Women. Released for Domestic Violence Awareness Month in October, the studies analyzed data from the Federal Bureau of Investigation’s (FBI) Supplementary Homicide Reports (SHR) and ranked the states by their rates of females killed by males in single victim/single offender incidents. In addition to ranking the states by this homicide victimization rate, the studies also offered information on the age and race of these female homicide victims, victim to offender relationship, circumstance, and weapon type. The most recent edition (released in 2022 and which analyzed 2020 SHR data), was the final report to be published by the VPC using SHR data. In January of 2021, the FBI changed the way crime data are collected and reported, which has impacted the reliability of subsequent data. That year, the FBI retired the SHR system and replaced it with the National Incident-Based Reporting System (NIBRS). While NIBRS will eventually provide much more comprehensive and robust crime data compared to the SHR, transitioning law enforcement agencies to the new data collection and reporting system has been slow and burdensome. Indeed, many law enforcement agencies did not transition to NIBRS by January of 2021, which has had a significant impact on the reliability of 2021 crime data. After a careful analysis of that year’s crime data, the VPC has determined that current NIBRS data are not reliable for state-by-state gun violence research as required by When Men Murder Women. 

As a result, for the time being the VPC is unable to continue researching and publishing When Men Murder Women, although we hope that we will be able to resume publication of the report in the future. Though other national data sources contain information about homicides, these data sources do not contain the detailed information that was collected and publicly reported by the SHR (for example, sex of offender, type of firearm, relationship, and circumstance).b Over its 25-year publication history, the findings of the report have: led to the passage of laws that protect women and children from domestic violence, including legislation focused specifically on removing guns from the hands of domestic violence offenders; resulted in statewide public education campaigns; spurred the establishment of domestic homicide review boards; and, been repeatedly cited in the support of legislation and policies that protect women and children, including the federal Violence Against Women Act (VAWA).   

Washington, DC: Violence Policy Center, 2023. 21p.

CESARE BECCARIA : ON CRIMES AND PUNISHMENTS

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Translated from the Italian in the Author's Original Order With Notes and Introduction by David Young

On Crimes and Punishments is a seminal treatise on legal reform written by the Italian philosopher and thinker Cesare Beccaria between 1763 and 1764. The essays proposed many reforms for the criminal justice system, including prompt administration of clearly prescribed and consistent punishments, well-publicized laws made by the legislature rather than individual courts or judges, the abolition of torture in prisons and the use of the penal system to deter would-be offenders, rather than simply punishing those convicted. It is also one of the earlier, and most famous, works against death penalty. The main reason put forward against that measure is that the State, by putting people to death, was committing a crime to punish another one.On Crimes and Punishments is widely considered one of the founding texts of Classical Criminology.

Indiana. Hackett Publishing. 1986.

The organisational structure, social networks and criminal activities of outlaw motorcycle gangs: Literature review

By David Bright and Simone J Deegan 

Outlaw motorcycle gangs (OMCGs) are often reported to be disproportionately involved in crime. Debate continues about the relationship between the organisational structure of these groups and the extent and types of criminal activities undertaken by group members. A systematic review of the existing literature was conducted to examine the organisational structures that underpin the criminal activity of OMCGs. The available empirical research, though scant, supports the notion that, at least in some clubs or chapters, the structure of OMCGs facilitates criminal activities by individuals or small cliques, sometimes in collaboration with non-members. 

Australia.. Australian Institute of Criminology. Trends & issues in crime and criminal justice no. 621. March 2021. 16p

How police body-worn cameras can facilitate misidentification of domestic and family violence victims as offenders

By  Iliadis Mary, Harris Bridget, Vakhitova Zarina, Woodlock Delanie, Flynn Asher, Tyson Danielle

Police body-worn camera (BWC) technologies—affixed to a vest, sunglasses or cap—are deployed by all Australian police agencies, including in frontline responses to domestic and family violence (DFV). This paper presents the findings from the first Australian study focused on how women DFV victim-survivors view and experience BWCs in police call-outs and legal proceedings. Informed by a national survey of 119 victim-survivors, it explores two key concerns relating to the potential consequences of BWC footage: (1) it may facilitate misidentification of the primary aggressor, and (2) perpetrators may use the BWC to present (false) evidence of themselves as blameless. 

Australia, Australian Institute of Criminology. 2024, 15pg

One in Five Racial Disparity in Imprisonment— Causes and Remedies

By Nazgol Ghandnoosh, Celeste Barry and Luke Trinka

The United States experienced a 25% decline in its prison population between 2009, its peak year, and 2021. While all major racial and ethnic groups experienced decarceration, the Black prison population has downsized the most. But with the prison population in 2021 nearly six times as large as 50 years ago and Black Americans still imprisoned at five times the rate of whites, the crisis of mass incarceration and its racial injustice remain undeniable. What’s more, the progress made so far is at risk of stalling or being reversed.

Washington, DC, Sentencing Project. 2023, 34pg

Addressing Illicit Financial Flows in East and Southern Africa

By Michael McLaggan

Prominent throughout the world, illicit financial flows (IFFs) not only undermine the ability of states to collect revenue, but they also pose challenges to governance and the rule of law and provide avenues for the funding of further illicit activity. Although a global occurrence, IFFs may manifest differently at the regional level, making a uniform approach difficult. This calls for a model that is more inclusive of different types of flows than traditional understandings of IFFs, which tend to focus on financial flows within the formal system. In regions such as East and southern Africa, where informality is much higher than in the developed nations of the ‘global north’, the greater focus on formal systems does not find the same degree of applicability. This is not to downplay the necessity of observing and countering formal financial flows of an illicit nature but rather to emphasise the need to pay greater attention to informal and trade flows, which are prolific in less developed regions. This paper draws on extensive research by the Global Initiative against Transnational Organized Crime (GI-TOC) – in particular, the Observatory of Illicit Economies in East and Southern Africa – in addition to research by other international organisations, to analyse whether the ‘IFFs pyramid’ proposed by the GI-TOC (Reitano, 2022) is applicable to and useful for researchers seeking to understanding illicit financial flows in various settings around the world but especially in regions where greater levels of informality exists, such as East and southern Africa. The paper finds that the pervasive informality of markets in the East and southern African region, and their abuse by criminal actors, means that greater attention to IFFs is necessary in this sphere. Common also is the use of illicitly acquired, or otherwise illicitly traded commodities, in barter (that is, goods for goods) markets. Identified as particularly relevant is the pernicious influence of state-embedded actors, who often play substantial roles in the facilitation of IFFs and act as obstacles to policies to address them. Furthermore, vested interests of criminal actors in keeping certain industries and markets informal serve as barriers to formalisation and highlight the greater need to pay attention to informal financial flows especially. The due consideration to trade and informal flows is what makes the IFFs pyramid a useful model for understanding these flows in both global and regional settings. At the very least, the pyramid model highlights the need for holistic approaches and policy reform when considering IFFs in less developed regions.  

Birmingham, UK: University of Birmingham. 2024, 33pg

Opioid Market Trends in Afghanistan Poppy Cultivation, Policy and Practice Under the New Regime

By Prem Mahadevan, Maria Khoruk, Alla Mohammad Mohmandzai and Ruggero Scaturro

How will the new Taliban regime change Afghanistan’s illicit drug landscape in the coming years? Are the Taliban genuinely committed to combating the flow of narcotics within and outside Afghanistan, as signalled by the ban on opium cultivation issued by the Taliban leadership in April 2022?

Based on field research coordinated by the Global Initiative against Transnational Organized Crime (GI-TOC) in the Afghan provinces of Helmand and Nangarhar, this paper analyses the changes to the Afghan drug economy since the Taliban’s return to power on 15 August 2021, documenting the adaptation of local actors engaged in the opium economy to the events that had a profound impact on their lives. Historical analysis supplements the field research findings and aids our understanding of the shifting conditions of the illicit drug economy in Afghanistan. Given the institutional weakness of Afghan statehood after nearly five decades of civil war, the GI-TOC’s approach represents a collation of provincial and district-level assessments rather than a comprehensive country-wide assessment.

This research paper outlines the complexities of local conditions and reveals a regime fragmented among varied interests and power structures, seeking to reconcile the profitability of the drugs trade with the strive for legitimacy.

University of Birmingham, Research Paper No. 27. 2023, 31pg

Crime by outlaw motorcycle gang members during club conflicts

By Timothy Cubitt, Christopher Dowling and Anthony Morgan 

This study examines the trends in and spatial distribution of recorded offending by Australian outlaw motorcycle gang (OMCG) affiliates at the onset of a territorial conflict between two clubs in the state of New South Wales. Results show an increase in recorded offending by OMCG affiliates involved in the conflict and based in the disputed territory. Comparable increases in recorded offending by these clubs were not detected in the areas surrounding this territory or in the rest of New South Wales, and there was little mobility into the conflict region by those outside of it. There was a smaller, short-lived increase in recorded crime by affiliates of other gangs in the conflict region but not elsewhere. In short, changes in offending patterns were largely limited to the clubs involved in the conflict and localised to the territory in dispute. This research can help guide focused law enforcement responses during periods of gang conflict. 

Australia, Australian Institute of Criminology. Trends & issues in crime and criminal justice no. 667. 2021. 18pg

Predicting high-harm offending using machine learning: An application to outlaw motorcycle gangs

By Timothy Cubitt and Anthony Morgan 

Risk assessment tools are used widely in the criminal justice response to serious offenders. Despite growing recognition that certain outlaw motorcycle gang (OMCG) members and their clubs are likely to be involved in crime, particularly serious crime, this is not an area where risk assessment tools have been developed and validated. The nature of offending by OMCGs, and policing responses to OMCGs, requires a novel approach to risk assessment. This study uses machine learning methods to develop a risk assessment tool to predict recorded high-harm offending. Results are compared with those of a model predicting any recorded offending. The model predicted high-harm offending with a high degree of accuracy. Importantly, the tool appeared able to accurately identify offenders prior to the point of escalation. This has important implications for informing law enforcement responses. 

Australia, Australian Institute of Criminology. Trends & issues in crime and criminal justice no. 646. March 2022. 18pg