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Posts in Criminal Justice
The Politics of Murder: Criminal governance and targeted killings in South Africa

By Rumbi Matamba and Chwayita Thobela

Over the past decade, the GI-TOC has documented a staggering 108% increase in targeted killings in South Africa. While South Africa has long grappled with high levels of violence, as evidenced by a per capita murder rate of 45 per 100,000 in 2022/23, or approximately 70 murders a day, targeted killings have notably escalated, particularly political killings at local municipal level. Hitmen have become more daring, incidents more public and victims more high-profile. Coupled with the deficiencies in South Africa’s overburdened criminal justice system, where only about 15% of all murders are solved, the picture that emerges is one of a situation that is barely contained.

GI-TOC recorded 131 targeted killings in South Africa in 2023, just ten fewer than in 2022. The 131 cases were grouped into four categories: organized-crime related (46 cases or 35% of incidents), minibus taxi-industry related (45 incidents, or 34%), political assassinations (31 incidents, or nearly 24%) and personal assassinations (9 incidents, or nearly 7%). While every effort is made to ensure that the data is robust and accurate, this is almost certainly an undercount as the database draws on publicly available information such as press reports, media statements from affected families, court records, and media statements by the criminal justice sector.

This report is framed in the context of South Africa’s 2024 general elections. Previous analysis has shown that there are always spikes in political assassinations during election years, particularly in long-contested provinces such as KwaZulu-Natal. The 2024 elections, the sixth national election in the country’s 30 years of democracy, have been earmarked as a potential watershed moment.

Political violence and assassinations pose a very real threat to the country’s democracy. They are not an isolated phenomenon and they intersect with organized crime and criminal networks. The intertwining of criminal networks and political assassinations in South Africa underscores the urgent need for comprehensive strategies to tackle organized crime and stop targeted killings.

Geneva, SWIT: Global Initiative Against Transnational Organized Crime, 2024. 32p.

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Legal approaches to forced marriage: An overview

By Carolina Villacampa, Marc Salat

This publication examines the legal landscapes surrounding forced marriages in Germany, Spain, Ireland, and Finland, offering insights into prevailing legal approaches and institutional initiatives. Through comparative research, it sheds light on the prevalence of forced marriage in these countries, the legal strategies deployed to combat it, and existing institutional efforts to support victims. By delving into international obligations and their integration into domestic legal systems, the publication aims to foster a more gender-sensitive and victim-centered approach to support services, ultimately working towards preventing forced marriages and mitigating their consequences. This resource is designed as a tool for policymakers and practitioners, providing insights to guide future interventions and promote informed discussions in the field of forced marriage prevention and victim support.\

Report Series no. 104. Helsinki: HEUNI, 2024. 87p.

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Sexual Assault Case Processing: The More Things Change, the More They Stay the Same

By Cassia Spohn

One of the goals of the United Nations Commission on the Status of Women is to end violence against women and girls in all countries. An important component of this goal is ensuring that all crimes of violence against women and girls are taken seriously by the criminal justice system and that police, prosecutors, judges and jurors respond appropriately. However, research detailing how cases of sexual assault proceed in the criminal justice system reveals that this goal remains elusive, both in the United States and elsewhere. The rape reform movement ushered in changes to traditional rape law that were designed to encourage victims to report to the police and to remove barriers to arrest and successful prosecution. However, four decades after this reform, victims are still reluctant to report sexual assaults to the police, and arrest, prosecution and conviction rates for sexual assault cases are shockingly low. Reversing these trends will require policy changes that are designed to counteract the stereotypes and myths underpinning sexual assault and sexual assault victims.

International Journal for Crime, Justice and Social Democracy, 9(1), pp. 86-94.2020.

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How Women’s Police Stations Empower Women, Widen Access to Justice and Prevent Gender Violence

By Kerry Carrington, Natacha Guala, María Victoria Puyol, and Máximo Sozzo

Women’s police stations are a distinctive innovation that emerged in postcolonial nations of the global south in the second half of the twentieth century to address violence against women. This article presents the results of a world-first study of the unique way that these stations, called Comisaría de la Mujer, prevent gender-based violence in the Province of Buenos Aires, Argentina. One in five police stations in this Province was established with a mandate of preventing gender violence. Little is currently known about how this distinctive multidisciplinary model of policing (which includes social workers, lawyers, psychologists and police) widens access to justice to prevent gender violence. This article compares the model’s virtues and limitations to traditional policing models. We conclude that specialised women’s police stations in the postcolonial societies of the global south increase access to justice, empower women to liberate themselves from the subjection of domestic violence and prevent gender violence by challenging patriarchal norms that sustain it. As a by-product, these women’s police stations also offer women in the global south a career in law enforcement—one that is based on a gender perspective. The study is framed by southern criminology, which reverses the notion that ideas, policies and theories can only travel from the anglophone world of the global north to the global south.

International Journal for Crime, Justice and Social Democracy, 9(1), pp. 42-67. 2020.

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The Safety of Women and Girls in Educational Settings: A Global Overview and Suggestions for Policy Change

By Elaina Behounek

Safety in educational settings is a barrier to equality for women and girls. This article highlights four key areas that perpetuate inequality in education for women and girls, and that contribute to a worldwide lack of safety in educational settings for women and girls: cultural norms, societal norms, sexual assault and sexual harassment. All four areas form part of a social–structural condition that underpins a world in which women and girls experience violence and an economic and social inequality that contributes to their lack of safety in educational settings. Several solutions are proposed to combat this. To improve the life outcomes of women and girls, we must invest in approaches that empower and educate them in safe environments. In doing so, we must also ensure that such approaches are holistic and intersectional.

International Journal for Crime, Justice and Social Democracy, 9(1), pp. 31-41. 2020.

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Protections for Marginalised Women in University Sexual Violence Policies

By Amelia Roskin-Frazee

Higher education institutions in four of the top 20 wealthiest nations globally (measured by GDP per capita) undermine gender equality by failing to address sexual violence perpetrated against women with marginalised identities. By analysing student sexual violence policies from 80 higher education institutions in Australia, Canada, the United Kingdom, and the United States, I argue that these policies fail to account for the ways that race, sexuality, class and disability shape women’s experiences of sexual violence. Further, these deficiencies counteract efforts to achieve gender equality by tacitly denying women who experience violence access to education and health care. The conclusion proposes policy alterations designed to address the complex needs of women with marginalised identities who experience violence, including implementing cultural competency training and increasing institution-sponsored health care services for sexual violence survivors.

International Journal for Crime, Justice and Social Democracy, 9(1), pp. 13-30. 2020.

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Exposure to intimate partner violence and the physical and emotional abuse of children: Results from a national survey of female carers

By Heather Wolbers, Hayley Boxall and Anthony Morgan

Drawing on a large sample of female carers living in Australia (n=3,775), this study aims to document and explore children and young people’s experiences of abuse in the past 12 months. We focus on children’s exposure to intimate partner violence (IPV) perpetrated against their female carers, as well as children being the target of direct physical and emotional abuse themselves.

Overall, a significant proportion of respondents who had a child in their care during the past 12 months said that a child was exposed to IPV perpetrated against them (14.1%). One in nine said a child in their care had been the target of direct abuse perpetrated by their current or most recent former partner (11.5%). Critically, one-third of respondents who experienced IPV said a child was exposed to the violence at least once in the past 12 months (34.8%).

A number of factors were associated with an increased likelihood of children being subjected to direct abuse. These included the characteristics of respondents and their relationships, children and households. We also present evidence linking economic factors, including changes in employment, with the direct abuse of children.

Research Report no. 26. Canberra: Australian Institute of Criminology. 2023. 72p.

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Sexual exploitation in Australia: Victim-survivor support needs and barriers to support provision

By Hayley Boxall, Samantha Lyneham, Christie Black and Alexandra Gannoni

Sexual exploitation can have significant short- and longer-term impacts on victim-survivors. However, there is currently a lack of research exploring the support needs of sexual exploitation victim-survivors accessing support in Australia, and barriers to support provision. To address this knowledge gap, we analysed case management records for 50 victim-survivors of sexual exploitation in Australia and conducted interviews with 12 victim-survivor caseworkers.

On average, victim-survivors required support across six domains, the most common being financial hardship, mental health, social isolation and housing and accommodation. The most crucial barriers to service provision were systemic in nature. For example, some victim‑survivors on temporary visas were ineligible for government funded medical services, affordable housing or welfare schemes, which placed significant financial burdens on victim‑survivors and support services.

These findings demonstrate that to support the recovery of victim-survivors, services need to be funded appropriately to ensure they can provide holistic wraparound interventions.

Research Report no. 29. Canberra: Australian Institute of Criminology. 2023. 51p.

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Demographics, Trends, and Disparities in Colorado Felony Murder Cases: A Statistical Portrait

By David Pyrooz

Between 1990 and 2021, for adult offenders, Colorado punished felony murder with a mandatory minimum sentence of life without parole. Felony murder was classified as a class 1 felony, along with other theories of first-degree murder, such as after-deliberation and extreme indifference murder, as well as first-degree kidnapping, until Governor Jared Polis signed Senate Bill 124, effective September 15, 2021, reclassifying the offense to a class 2 felony. As a result, felony murder is now punishable by a sentence of 16-48 years.

The purpose of this study is to provide a statistical portrait of people who have been convicted of felony murder between 1990 and 2021. Data were acquired through open records requests from the Colorado Department of Corrections (“CDOC”) and the State Court Administrator’s Office (“SCAO”), along with public data from the Colorado State Demography Office. This study’s primary unit of analysis is a criminal case, meaning a criminal case identifiable by a single case number in which a person was found guilty. With respect to felony murder, a felony murder case means one with one or more felony murder convictions where no other theory of first-degree murder was proven with respect to that or those homicide(s).

Unpublished paper, 2023.

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Homicide in Australia 2022–23

By Hannah Miles and Samantha Bricknell

The National Homicide Monitoring Program is Australia’s only national data collection on homicide incidents, victims and offenders. This report describes 232 homicide incidents recorded by Australian state and territory police between 1 July 2022 and 30 June 2023. During this 12-month period there were 247 victims of homicide and 260 identified offenders

Statistical Report no. 46. Canberra: Australian Institute of Criminology, 2024. 49p.

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Organized Crime as Irregular Warfare: Strategic Lessons for Assessment and Response

David H. Ucko, Thomas A. Marks

Organized crime both preys upon and caters to human need. It is corrosive and exploitative, but also empowering, and therefore pervasive. Indeed, though often out of sight, organized crime is everywhere: wherever governments draw the line, criminal actors find profitable ways of crossing it; wherever governments fail to deliver on human need, criminal actors capitalize on unmet desire or despair. For those excluded from the political economy, from patronage systems or elite bargains, organized crime can offer opportunity, possibly also protection.

PRISM, Vol. 10, No. 3 (2023), pp. 92-117 (26 pages)

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A Framework for Countering Organised Crime: Strategy, Planning, and the Lessons of Irregular Warfare

By David H. Ucko and Thomas A. Marks

Organised crime is not going well. According to the 2021 Global Organized Crime index, ‘the global illicit economy simply continue[s] along the upward trajectory it has followed over the past 20 years, posing an ever-increasing threat to security, development and justice – the pillars of democracy’ (Global Initiative, 2021, p. 8). Wherever governments seek to draw the line, criminal actors find profitable ways of crossing it; wherever governments fail to deliver on human need, criminal actors capitalise on citizens’ desire or despair. As of now, more than three-quarters of the world’s population ‘live in countries with high levels of criminality, and in countries with low resilience to organized crime’ (Global Initiative, 2021, p. 12). On aggregate, the associated activity amounts to an illicit form of governance, furnishing alternative services to a wide range of clients, be they the vulnerable and weak or a covetous elite. The breadth of organised crime, its clandestine nature, and its blending of creative and destructive effects make it difficult to counter. In past SOC ACE research, we argued that the response to organised crime often shares certain pitfalls with counterterrorism, at least since 9/11 (Ucko & Marks, 2022c). Both efforts have been stymied by 1) conceptual uncertainty of the problem at hand; 2) an urge to address the scourge head on (be it violence or crime), without acknowledging its socioeconomic-political context; and, therefore, 3) unquestioned pursuit of strategies that miss the point, whose progress is difficult to measure, and which may even be counterproductive. This convergence is based on the common features of the two phenomena, which are both concerned with i) collective actors, who ii) use violence and coercion among other methods; and who have iii) corrupting, or outright destructive effects on society. Though organised crime is not consciously political in its ideological motivation, it is – like terrorism – deeply political in its origins, activities, and effects. Given the conceptual overlap, and the common pathologies that undermine response, the lessons from countering terrorism are relevant also to the countering of organised crime. Focusing on the concept of ‘irregular warfare’, our past research identified six key lessons, touching upon 1) the socio-political embeddedness of the problem, 2) the tendency to militarise the response, 3) the mirror-imaging of state assistance programmes, 4) the invaluable role of community mobilisation, 5) the dearth of strategy, and 6) the need to engage more closely with questions of political will. As argued elsewhere, these challenges point to a need for greater strategic competence both in assessing the problem of organised crime and in designing a response (Ucko & Marks, 2022c).

To generate this strategic competence, this follow-on report sets out an analytical toolkit to assist planners and policymakers with the crafting of strategy. This ‘Framework of Analysis and Action’ builds upon lessons – negative and positive – learned via years of experience with irregular warfare, defined by the Department of Defense as ‘a violent struggle among state and non-state actors for legitimacy and influence over the relevant population(s)’ (U.S. Department of Defense, 2007, p. 1).1 It is a framework that finds its origins within the U.S. National Defense University’s College of International Security Affairs (CISA), where for two decades it has been used to teach strategic planning for complex and intensely political challenges (Ucko & Marks, 2022a). The framework consists of two parts: the Strategic Estimate of the Situation (which maps the problem, explores its drivers, frames, and methods, and critiques the current response) and the Course of Action (which uses the strategic estimate to design an appropriate strategy, guided by a theory of success). The framework is in this report adapted for organised crime, to enable the mapping of relevant actors and the crafting, thereby, of a viable response. By design, the framework responds to the six key lessons identified in our earlier work. This report goes through the framework and explains its adaptation to organised crime. Appendix A provides a summation of the toolkit, a ‘user’s guide’, that will facilitate application of the framework. Testing to date suggests great potential and we look forward to sustaining a dialogue with those engaged with countering organised crime to further evolve this toolkit. Indeed, since the beginning, this framework has been a living product, enriched by theoretical application in the classroom and practical use in the field.

SOC ACE Research Paper No. 19. Birmingham, UK: University of Birmingham, 2023. 45p.

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The End of Intuition-Based High-Crime Areas

By Ben Grunwald and Jeffrey Fagan

In 2000, the Supreme Court held in Illinois v. Wardlow that a suspect’s presence in a “high-crime area” is relevant in determining whether an officer has reasonable suspicion to conduct an investigative stop. Despite the importance of the decision, the Court provided no guidance about what that standard means, and over fifteen years later, we still have no idea how police officers understand and apply it in practice. This Article conducts the first empirical analysis of Wardlow by examining data on over two million investigative stops conducted by the New York Police Department from 2007 to 2012. Our results suggest that Wardlow may have been wrongly decided. Specifically, we find evidence that officers often assess whether areas are high crime using a very broad geographic lens; that they call almost every block in the city high crime; that their assessments of whether an area is high crime are nearly uncorrelated with actual crime rates; that the suspect’s race predicts whether an officer calls an area high crime as well as the actual crime rate; that the racial composition of the area and the identity of the officer are stronger predictors of whether an officer calls an area high crime than the crime rate itself; and that stops are less or as likely to result in the detection of contraband when an officer invokes high-crime area as a basis of a stop. We conclude with several policy proposals for courts, police departments, and scholars to help address these problems in the doctrine.

California Law Review 345-404 (2019

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Observatory of Illicit Economies in South Eastern Europe

By Global Initiative Against Transnational Organized Crime’s Observatory of Illicit Economies in South Eastern Europe.

In this issue, we focus on three cases where criminal groups from the region have been active in recent years: the Netherlands, Ecuador and parts of Africa.

These examples illustrate the growing involvement of Balkan criminal groups in some of the world’s hotspots for illicit activity. Research for these articles is facilitated by the Global Initiative’s network of contacts with local investigative journalists, as well as close cooperation between regional observatories of illicit economies, namely South Eastern Europe, West Africa and Latin America.

As part of the GI-TOC’s analysis of the risks of firearms trafficking from Ukraine, in this issue we show that the Western Balkans remain the main source of illegal weapons in Europe. At present, weapons are still cheap and plentiful in the region, and stockpiles have been augmented by inflows from Turkey via Bulgaria, particularly of gas and alarm guns. More on this topic can be found in a forthcoming GI-TOC report on trends in arms trafficking from the Ukraine conflict.

In this issue, we also report on a major crackdown by Serbian authorities in late 2023 on increasingly violent smugglers operating along the border between Serbia and Hungary, and examine how this has displaced migration flows towards Bosnia and Herzegovina.

Risk Bulletin No. 18. Geneva, SWIT: Global Initiative Against Transnational Organized Crime, 2024. 25p.

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Violence against women: A public health crisis

By Victoria Pedjasaar

In the EU, a third of women over the age of 15 have experienced physical or sexual violence and over half have been sexually harassed. According to a study by the European Union Agency for Fundamental Rights (FRA), just 13% of women reported their most serious incident of non-partner violence to the authorities. Gender-based violence can occur in various situations and circumstances. According to an EU-wide survey report, 32% of perpetrators of sexual harassment in the EU come from the employment context. Although often overlooked, the majority of (workplace) violence takes place in the healthcare sector as healthcare professionals are 16 times more at risk of violence in comparison to other occupations. Violence does not only manifest in abusive behaviour toward workers on duty but can also be perpetrated on women as receivers of healthcare. High rates of violence in healthcare, brought on and exacerbated by gender stereotypes and inequality, point to dysfunctional health systems. This Paper is divided into the following chapters and provides policy recommendations on the way forward for the EU member states: 1. Gender-based violence against healthcare workers. 2. Obstetric and gynaecological violence against women. 3. Gender-based violence is a story of gender inequality. 4. Legislation and policies that protect women.

Brussels, Belgium: European Policy Centre, 2023. 12p.

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Women and the Law

By Atkins, Susan and Brenda Hale, Baroness

Women And The Law is a pioneering study of the way in which the law has treated women – at work, in the family, in matters of sexuality and fertility, and in public life. Originally published in 1984, this seminal text is one that truly deserves its 'groundbreaking' moniker. Predating many key moments in contemporary feminist history, it was written before Judith Butler’s Gender Trouble; before Naomi Klein’s The Beauty Myth, with the term ‘feminist jurisprudence’ having only been coined three years earlier. It went on to inspire a legion of women lawyers and feminist legal rulings, from the Family Law Act 1996 to the legal definition of ‘violence’ (Yemshaw v. LB Hounslow 2011). This 2018 edition comes with a new foreword by Susan Atkins and provides a timely analysis of women in law forty years on, how much has changed and the work still left to do

London: University of London Press, 2018. 284p.

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Shoplifting Trends: What You Need to Know

By Ernesto Lopez, Robert Boxerman and Keley CundiffEErnes

Since shortly after the onset of the COVID-19 pandemic, the Council on Criminal Justice has tracked changing rates of violent and property crime in large cities across the United States. The pandemic, as well as the social justice protests during the summer of 2020 and other factors, have altered the motives, means, and opportunities to commit crimes.

Prepared for the Council on Criminal Justice’s Crime Trends Working Group, this report focuses on trends in shoplifting, a subset of retail theft which, in turn, is a subset of overall larceny-theft. The FBI defines larceny-theft as the unlawful taking of property without force, violence, or fraud.

The report looks at shoplifting patterns from before the onset of the COVID-19 pandemic through mid-year 2023. To date, attempts to measure changes in retail theft, including organized retail theft, have relied on retail industry data5 or have been limited to one state.

The city-specific data included in this report are drawn from open-data sources from 24 cities that, over the past five years, have consistently reported specific shoplifting data. Additional data come from the U.S. Justice Department’s National Incident-Based Reporting Program (NIBRS).7 The NIBRS data include a sample of 3,812 local law enforcement agencies. The analyses examine the changing frequency of reported shoplifting, trends in other property offenses, changes in the value of stolen goods, offenses that co-occur with shoplifting, and the number of people involved in each incident.

This report does not discuss in detail shoplifting data from the National Retail Federation’s Retail Security Survey.8 The 2021 survey (data ending in 2020) was the last year the survey reported figures on the number of incidents and the value of stolen goods. Because of this change, data from the survey could not be included.

Due to a lack of available data, this report does not examine factors that could be influencing the trends. Potential factors include changes in retailers’ anti-theft measures and changes in how retailers report shoplifting to law enforcement, which could be based on their perceptions of the extent to which local police or prosecutors will apprehend suspects and pursue criminal charges. Because these data rely on reported incidents, they almost certainly undercount total shoplifting. The findings presented here should be viewed with these considerations in mind.

Washington, DC: Council on Criminal Justice, 2023. 8p.

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Prevalence and predictors of requests for facilitated child sexual exploitation on online platforms

By Savannah Minihan, Melanie Burton, Mariesa Nicholas, Kylie Trengove, Sarah Napier and Rick Brown

This study examines the prevalence of requests for facilitated child sexual exploitation (CSE) online. Of 4,011 Australians surveyed, 2.8 percent had received a request for facilitated CSE in the past year. Requests for facilitated CSE were significantly higher among those who had shared a photo of or information about children publicly online. Among respondents who had shared publicly, requests for facilitated CSE were significantly higher among men, younger individuals, linguistically diverse individuals, individuals with disability, and those who had experienced other sexual or violent harms online. The results highlight the need for increased awareness of the potential harms of posting photos of and information about children publicly online, and place onus on platforms to warn users of these potential harms.

Trends & issues in crime and criminal justice no. 692. . Canberra: Australian Institute of Criminology. 2024.

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Oil Theft, Energy Security and Energy Transition in Mexico

By Vlado Vivoda, Ghaleb Krame and Martin Spraggon

Oil theft refers to the exploitation of crude oil or refined petroleum products for criminal purposes. In Mexico, oil theft—referred to as huachicolero—is endemic and widespread. By framing it within the energy security and transition context, this paper offers a new perspective on the problem of oil theft in Mexico. Focusing on crude oil and refined petroleum, the paper demonstrates that Mexico’s energy security—as framed around the 4As (availability, accessibility, affordability, and acceptance)—has deteriorated over the past decade. Application of the 4As framework in the Mexican context shows that the increasing frequency of oil theft has contributed to this deterioration. The proposed solution to the energy security and oil theft problems is centred on Mexico moving from gasoline and diesel to electrification in the transportation sector. The paper demonstrates that, while transport electrification in Mexico has been lagging behind other countries, recent developments in the country point to growing momentum among the country’s political and business elites, in tandem with US partners, in support for the energy transition. Areas where further emphasis should be placed to accelerate Mexico’s energy transition in the transportation sector are identified. Finally, the feasibility of and potential limitations associated with implementing the transition are evaluated.

Resources 202312(2), 30; https://doi.org/10.3390/resources12020030

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Patterns in alcohol related violence: exploring recent declines in alcohol related violence in England and Wales

By Lucy Bryant

Figures from the UK Office for National Statistics (2021a) suggest that alcohol-related violence in England and Wales has been declining – both as a total figure (1,001,000 in 2009/10 to 525,000 in 2019/20) and as a proportion of all violent incidents (54% in 2009/10 to 42% in 2019/20). ■ This decline remains unexplained and generally unexamined – however, there are existing bodies of research that might offer insight into this trend. ■ This report examines possible explanations for the decline seen in alcohol-related violence – drawing on existing literature exploring: changing patterns in violence (e.g., Farrell et al. 2014), alcohol’s relationship with violence (e.g., Graham & Livingston 2011), and the measurement of violence (e.g., Reiner 2016). ■ Changing patterns in youth drinking might contribute to this violence decline. It is younger, rather than older age groups, who predominantly engage in violence in night-time economy settings (Finney 2004). Youth drinking in England has seen a recent downturn (e.g., Oldham et al. 2018), corresponding to some degree with declines in alcohol-related violence.

■ A steeper decline in alcohol-related violence relative to violence overall appears to be accounted for by shi s in alcohol-related stranger and acquaintance violence. Crime Survey for England and Wales (CSEW) data show that the proportion of stranger and acquaintance violence incidents that were alcohol related fell between 2009/10 and 2019/20, whilst the proportion of domestic violence incidents which were alcohol-related generally remained stable. ■ It is possible data artefacts such as counting errors contained in national statistics form some part of the trend investigated here. While the CSEW is a widely respected data source (Tilley & Tseloni 2016), limitations in its capturing of violent incidents have been previously identified (e.g., Walby et al. 2016). It is important to consider the impact any such data artefact might have on alcohol related violence trends – investigation of the production of these National Statistics should be undertaken to assess this.   

London: Institute of Alcohol Studies, 2023. 21p.

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