Open Access Publisher and Free Library
01-crime.jpg

CRIME

Violent-Non-Violent-Cyber-Global-Organized-Environmental-Policing-Crime Prevention-Victimization

Posts in Diversity
'Hate Crime' and the City

By Paul Iganski

The impression often conveyed by the media about hate crime offenders is that they are hate-fuelled individuals who, in acting out their extremely bigoted views, target their victims in premeditated violent attacks. Scholarly research on the perpetrators of hate crime has begun to provide a more nuanced picture. But the preoccupation of researchers with convicted offenders neglects the vast majority of hate crime offenders that do not come into contact with the criminal justice system.This book, from a leading author in the field, widens understanding of hate crime by demonstrating that many offenders are ordinary people who offend in the context of their everyday lives. Written in a lively and accessible style, the book takes a victim-centred approach to explore and analyse hate crime as a social problem, providing an empirically informed and scholarly perspective. Aimed at academics and students of criminology, sociology and socio-legal studies, the book draws out the connections between the individual agency of offenders and the background structural context for their actions. It adds a new dimension to the debate about criminalising hate in light of concerns about the rise of punitive and expressive justice, scrutinizing the balance struck by hate crime laws between the rights of offenders and the rights of victims.

Bristol, UK: Policy Press, 2008. 168p.

DiversityRead-Me.Orghate crime
Hate Crimes: Criminal Law and Identity Politics

By James B. Jacobs and Kimberly Potter

In the early 1980s, a new category of crime appeared in the criminal law lexicon. In response to concerted advocacy-group lobbying, Congress and many state legislatures passed a wave of "hate crime" laws requiring the collection of statistics on, and enhancing the punishment for, crimes motivated by certain prejudices. This book places the evolution of the hate crime concept in socio-legal perspective. James B. Jacobs and Kimberly Potter adopt a skeptical if not critical stance, maintaining that legal definitions of hate crime are riddled with ambiguity and subjectivity. The book contends that hate crime as a socio-legal category represents the elaboration of an identity politics now manifesting itself in many areas of the law. But the attempt to apply the anti-discrimination paradigm to criminal law generates problems and anomalies. For one thing, members of minority groups are frequently hate crime perpetrators. Moreover, the underlying conduct prohibited by hate crime law is already subject to criminal punishment. Jacobs and Potter question whether hate crimes are worse or more serious than similar crimes attributable to other anti-social motivations. Advancing a provocative argument in clear and persuasive terms, Jacobs and Potter show how the recriminalization of hate crime has little (if any) value with respect to law enforcement or criminal justice. Indeed, enforcement of such laws may exacerbate intergroup tensions rather than eradicate prejudice.

Oxford, UK: Oxford University Press, 1998. 224p.

In the Name of Hate: Understanding Hate Crimes

By Barbara Perry

In The Name of Hate is the first book to offer a comprehensive theory of hate crimes, arguing for an expansion of the legal definitions that most states in the U.S. hold. Barbara Perry provides an historical understanding of hate crimes and provocatively argues that hate crimes are not an aberration of current society, but rather a by-product of a society still grappling with inequality, difference, fear, and hate.

New York: Routledge, 2001. 289p.

DiversityRead-Me.Orghate crime
Sexual States: Governance and the Struggle over the Antisodomy Law in India

By Jyoti Puri

In Sexual States Jyoti Puri uses the example of the efforts to decriminalize homosexuality in India to show how the regulation of sexuality is fundamentally tied to the creation and enduring existence of the state. Between 2001 and 2013 activists attempted to rewrite section 377 of the Indian Penal Code, which outlaws homosexual behavior. Having interviewed activists and NGO workers throughout five metropolitan centers, investigated crime statistics at the National Crime Records Bureau, visited various state institutions, and met with the police, Puri found that section 377 is but one element of the large and complex systems of laws, practices, policies, and discourses that regulate Indian sexuality. Intended to mitigate sexuality's threat to the social order, this regulation works to preserve the views of the state as inevitable, legitimate, and indispensable. By highlighting the various means through which the regulation of sexuality constitutes India's heterogeneous and fragmented.

Durham, NC: Duke University Press, 233p;.

Runaway Kids and Teenage Prostitution: America's Lost, Abandoned, and Sexually Exploited Children

By R. Barri Flowers

At the dawn of the twenty-first century, we are confronted with a number of serious social issues that have carried over from the past century. One of these relates to the growing phenomenon of runaway prostitution involved children and the implications. Each year in the United States, as many as 2 million children leave home for whereabouts unknown by the parents or caretakers. Tens of thousands of other children are pushed out of the house or abandoned by parents or guardians. These caretakers may be aware of where these youths are located, but do not want to find them and bring them back home. This only exacerbates the problem of homeless street kids who must not only search for survival but also search for love in all the wrong places. However, not all runaways leave home due to intolerable conditions or family dysfunction. Some find they prefer to be on their own for various reasons including independence, sex, problems at school, rebellion, drug addiction, and adventure. Rarely do they find a better life away from home. The correlation between running away from home and harsh street life such as exposure to prostitution, substance abuse, AIDS, sexually transmitted diseases, violence, criminality, and victimization has been well documented, as have findings that many children who run away from home were victims of child sexual abuse, neglect, family violence, broken homes, impoverishment, mental illness, and other familial and personal conflicts. Given the convergence of past, present, and future abuses and traumas the runaway is typically exposed to, it is obvious that most are caught up in a horrible cycle for which there seems no escape. Of course, there is a way out, but only if we as a society come to better understand how and why children leave home in the first place, and how their needs can most effectively be addressed and acted upon.

Westport, CT: Praeger, 2001. 232p.

Women Who Sexually Abuse Children

By Hannah Ford

Until recently, the topic of female sexual offenders remained under-researched, and many incorrect assumptions and beliefs still surround the subject. This book is organised in to five parts around eleven chapters. It provides a comprehensive overview of the latest research in this often overlooked area and discusses both adult female offenders and adolescents/younger children who commit sexual offences against children. After an in-depth evaluation of research literature, the author then considers a range of treatment approaches and directions for future research.

Chichester, UK: Wiley, 2004. 206p.

Commercial Sexual Exploitation of Children

By Brandy Bang, Paige L. Baker, Alexis Carpinteri, and Vincent B. Van Hasselt

"Biological, psychological, and environmental risk factors leave children and adolescents vulnerable to corruption, coercion, and violence, as in cases of young people being trafficked and sexually exploited. While the public tends to associate such abuses with far-off locales, the numbers of American-born children targeted by sex traffickers, and of international youth brought to the U.S. by these exploiters, are growing and disturbing. Concise and well-detailed, Commercial Sexual Exploitation of Children examines the severity and complexity of this form of crime, and how it is being addressed through law enforcement and legal channels. The book examines variables that make children susceptible to exploitation, with a special focus on male victims. Mechanisms of the offenses are covered, as are the current state of federal laws and strengths and shortcomings of prosecution efforts. Real-life case examples from federal law enforcement describe major forms of exploitation and victim and offender characteristics, with clear focus on such areas as: Sex trafficking risk factors. Methods of victimization by child prostitution. Consumers, traders, and distributors of child pornography. Offender networks in child pornography. The preferential sex tourist. Enticement/grooming processes of the sex traveler. Commercial Sexual Exploitation of Children is a ready source of facts geared toward assisting professionals on the frontlines of intervention and prevention with this often-marginalized population, from health care and mental health providers and researchers to legislative bodies and law enforcement, as well as students interested in criminal justice, psychology, or law.

Cham: Springer, 2014. 62p.

Crime and Violence in Central America's Northern Triangle: How U.S. Policy Responses are Helping, Hurting, and Can Be Improved

By Cristina Eguizábal, Matthew C. Ingram, Karise M. Curtis, Aaron Korthuis, Eric L. Olson and Nicholas Phillips

Throughout the spring and summer of 2014, a wave of unaccompanied minors and families from Central America began arriving at the U.S.-Mexican border in record numbers. During June and July over 10,000 a month were arriving. The unexpected influx triggered a national debate about immigration and border policy, as well as an examination of the factors compelling thousands of children to undertake such a treacherous journey. Approximately two-thirds of these children are from Central America’s Northern Triangle—El Salvador, Guatemala, and Honduras. According to interviews with the children their motives for migrating ranged from fleeing some of the world’s highest homicide rates, rampant extortion, communities controlled by youth gangs, domestic violence, impunity for most crimes, as well as economic despair and lack of opportunity. Many hoped to reunite with family members, especially parents, who are already in the United States. The wave of migrants has underscored chronic problems in the region that stem back decades. It is often assumed that international drug trafficking explains the surge in violence since 2009, but other important factors are also at play. Drug trafficking is certainly a factor, especially in areas where criminal control of territory and trafficking routes is contested, but drugs do not explain the entirety of the complex phenomenon. Other factors have also contributed. While there are important differences among the three countries, there are also common factors behind the violence. Strong gang presence in communities often results in competition for territorial and economic control through extortion, kidnapping and the retail sale of illegal drugs. Threats of violence and sexual assault are often tools of neighborhood control, and gang rivalries and revenge killings are commonplace. Elevated rates of domestic abuse, sexual violence, and weak family and household structures also contribute as children are forced to fend for themselves and often chose (or are coerced into) the relative “safety” of the gang or criminal group. Likewise, important external factors such a weak capacity among law enforcement institutions, elevated levels of corruption, and penetration of the state by criminal groups means impunity for crime is extraordinarily high (95 percent or more), and disincentives to criminal activity are almost non-existent. Public confidence in law enforcement is low and crime often goes unreported.

Washington DC: Wilson Center, Latin America Program, 2015. 296p.

The Laundering Machine: How Fraud and Corruption in Peru's Concession System are Destroying the Future of its Forests

By The Environmental Investigation Agency (EIA)

In this report, EIA documents for the first time the systematic export and import of illegal wood from Peru to the United States. In many ways, this report not a new story: the system’s corruption is something of which everyone in the sector is aware. EIA’s contribution lies in having identified and patiently put together the pieces of the puzzle to reveal the mechanism that allows this trade to happen: what Peruvians call the “laundering machine”.

EIA’s investigative work focused on reconstructing the routes that timber takes from the Amazon to the warehouses of US importers, through use of official information obtained under Peru’s Transparency and Access to Public Information Law. The links in this chain are willfully obscured to perpetuate confusion about the origins of almost all timber traded in Peru. EIA was able to reconstruct the chain of custody for trade in cedar (Cedrela odorata) and bigleaf mahogany (Swietenia macrophylla) only because both species are protected under the Convention on International Trade in Endangered Species of Flora and Fauna (CITES) and thus require specific export permit documents. The same illegal modus operandi is being applied for other species, but the even more limited information available regarding non-CITES species trade makes it virtually impossible to connect the concession of origin with the shipments being exported.

Washington, DC; London:: EIA, 2012. 72p.

Police Abuse and Sex Workers - The Two Wings of the Butterfly : Negotiating Ethical Dilemmas in Participatory Action Research (PAR) in Bogotá, Colombia

By Cubides Kovacsics, María Inés; Lanz Sánchez, Alejandro

Since September of 2012, we have been conducting Participatory Action Research (PAR) in the center of Bogotá with sex workers regarding their right to the public space known as 'La Mariposa' (The Butterfly), an open‐air plaza where they often face discriminatory urban praxis and frequent abuse by police officers. While our PAR team has conducted research in 'The Butterfly' for over five years, the objectives, motivation and design of this PAR project were defined by community‐based peer leaders and driven by their concerns and testimonies about the abuse and discrimination they have experienced from police in the plaza. Sex workers in the plaza have described these experiences in terms of unjustified detention, physical and verbal abuse, discrimination and abuse due to sexual orientation, and urban displacement. In this paper, we will discuss our PAR team's action research agenda and our collective work promoting sex worker's re‐appropriation of their right to public space and the city. We will provide concrete examples of ethical dilemmas we have faced in the field and the corresponding praxis our PAR team developed to negotiate and overcome these dilemmas through our 'PARCES' (Translated Acronym: Peers in Action Reaction Against Social Exclusion) methodology. The principles of 'PARCES' and 'action‐reaction' guide our decision‐making process with research actors throughout the construction of the action research design, implementation and analysis in order to incorporate participatory relations and the consideration of research actors' safety, health, and rights within the ethical framework of the project.

Bogotá, Colombia: Universidad de los Andes ‐ Escuela de Gobierno Alberto Lleras Camargo, 2014. 32p.

Victims And The Criminal Trial

By Tyrone Kirchengast

This book brings together the diverse and fragmented rights and powers of victims constitutive of the modern adversarial criminal trial as found across the common law jurisdictions of the world. One characteristic of victim rights as they emerge within and constitute aspects of the modern criminal trial is that they are dispersed within an existing criminal process that largely identifies the offender as the benefactor of due process rights, originating in the seventeenth-century adversarial criminal trial. This trial increasingly excluded the victim for the Crown and state, and the role of the victim was slowly eroded to that of witness for the prosecution as the adversarial trial matured into the latter part of the twentieth century. Increasing awareness of the removal of the victim and the need to secure the rights and interests of victims as stakeholders of justice resulted in the last decade of the twentieth century, bearing witness to the gradual relocation of the victim in common law and statute. This relocation has occurred, however, in a highly fragmented and disconnected way, usually following spontaneous and at times ill thought-out law reform initiatives that may or may not connect to the spirit of existing reforms, foundational structures of the criminal process, or international or domestic rights frameworks that have emerged in the meantime.

London: Palgrave Macmillan, 2016. 360p.

Hong Kong International Violence Against Women Survey

By Roderic Broadhurst, Brigitte Bouhours, and John Bacon-Shone

Between 2003 and 2009, the International Violence Against Women Survey (IVAWS) has been conducted in 12 developed and developing countries. The IVAWS is a comprehensive instrument that measures women’s experiences of physical and sexual violence by men, including intimate partners, victims’ help-seeking behaviour and the response of.... was conducted in Hong Kong and, for this reason, no trends in violence over time are available; however, because the IVAWS uses standardised questions and data collection methods, results can be compared with those of the other countries that participated in the survey. The report shows rates of victimisation for seven types of physical..... who the perpetrator was, particularly whether it was an intimate partner, a relative, a friend or acquaintance, or a stranger. Women who had recent incident, such as whether they had reported the assault to the police or victim support services. Drawing on socio-demographic and behavioual information on both respondents and their partners, the report examines the predictors of violent victimisation by partners and non-partners.

Hong Kong: University of Hong Kong; Canberra: Australian National University, 2012. 110p.

Safe Reporting of Crime for Victims and Witnesses with Irregular Migration Status in Italy

By Sara Bianca Taverriti

Irregular migrants face particular challenges in interacting with law enforcement authorities to report a crime, as they fear detection and deportation. This fear, together with their generally precarious situation, makes them particularly vulnerable to crime. This report aims to explain the existing legislation, policy and practices impacting on migrants’ ability to access the Criminal Justice System in Italy, as either victims or witnesses, without running the risk of self-incrimination or deportation. In particular, the report focuses on ‘firewall’ practices – that is, measures that encourage reporting of crime by migrants with irregular status by neutralising the risk and the fear of deportation and expulsion as a consequence of reporting crime. This report is intended to analyse the strengths and weaknesses of these measures, in order to assess their effectiveness in facilitating safe reporting of crime by irregular migrants. Finally, the report will consider the potential of policy reforms in the area of safe reporting, including by considering the potential for implementation in Italy of local measures known as ‘sanctuary policies’. This research contributes to a project on safe reporting of crime for victims and witnesses with irregular migration status in Europe and the United States undertaken by the Centre on Migration, Policy and Society (COMPAS) at the University of Oxford.1 As well as Italy, this project examines the United States, Spain, the Netherlands and Belgium. The ultimate aim of the project is to promote learning of best practices and knowledge-exchange on this topic between countries. It also aims to evaluate the legal and political replicability of ‘firewall’ policies across different countries, and in particular the legal replicability of US experiences (for example, that of ‘sanctuary cities’) in European contexts.

Bristol, UK: COMPAS, Global Exchange on Migration and Diversity, 2019. 46p.

Safe Reporting of Crime for Victims and Witnesses with Irregular Migration Status in Spain

By Markus González Beilfuss

According to the European Union (EU) Victims-Directive, victims of crime have the right to be informed, supported and protected, as well as to participate in criminal proceedings. EU Member States retain notable scope for action to transpose these rights into their national legislation, but with the entry into force of this Directive in October 2012, victims' protection entitlements improved significantly within thre remit of EU Law. However, foreign victims with irregular migration status are still in a vulnerable position. Indeed, they are included in the Directive in a particular way. On the one hand, Member States have to take the necessary measures to ensure that the rights set out in the Directive are not conditional on the victim's residence status. According to Art. 1.1, the rights delineated shall apply to all victims in a non-discriminatory manner, including with respect to their residence status. Nevertheless, on the other hand the Directive does not address the conditions of the residence of crime victims in the territory of the Member States. As mentioned in the preamble of the Directive (Recital 10), ‘reporting a crime and participating in criminal proceedings do not create any rights regarding the residence status of the victim’. Victims of crime with irregular migration status fall under the scope of the EU's Return-Directive. As with any third-country nationals staying irregularly in their territories, Member States shall issue them with a return decision. As stated in Art. 6.4 of the Return-Directive, ‘compassionate, humanitarian or other reasons’ allow Member States to grant at any moment a residence permit or the right to stay to any person with irregular migration status. However, EU law does not directly grant these victims of crime the right to stay if they report the case to the police or the criminal justice system. The outcome of the existing legal framework can be particularly harmful for these crime victims, who are exposed to retaliation and can fear deportation if they report the crime to the police. But it also impacts upon the whole criminal justice system, which may lose crucial actors for the prosecution of crime. In the last decade, EU and international law have started to bring in some exceptions to this inconsistent and harmful legal system. According to Directive 2004/81/EC, victims of human trafficking have access to a so-called ‘reflection period’ that allows them to recover and escape from the influence of traffickers. During this period, it is not possible to enforce deportation orders of third-country national victims, and once the reflection period is finished, victims may under certain circumstances access a residence permit.

Oxford, UK: COMPAS, Global Exchange on Migration and Diversity, 2019. 33p.

Safe Reporting of Crime for Victims and Witnesses with Irregular Migration Status in the Netherlands

By Ruben Timmerman, Arjen Leerkes, and Richard Staring

Across Europe, irregular migrants experience considerable difficulty obtaining basic access to justice, protection, and services across a wide range of areas. The structural exclusion of irregular migrants from the integration strategies of European Union (EU) Member States serves in many situations to limit the full exercise of their basic rights, including in particular the right of an individual to safely report to the police if they have been a victim of or witness to crime.1 In recent years, however, efforts have been made to ensure that irregular migrants within Europe are guaranteed equal access to justice and basic rights should they fall victim to crime. Perhaps most notably, Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime (hereinafter, Victims’ Directive), which entered into force in 2015, sets out to ensure that the rights of all victims of crime are protected, regardless of nationality or residence status.2 Among other things, the EU Victims’ Directive signifies—at least on paper—the inclusion of irregular migrants within the wider purview of victims’ rights. However, there remain significant challenges and barriers to access to justice and rights for irregular migrant victims of crime within Europe, and there is much work still to be done in effectively realising the vision set out by the EU Victims’ Directive. In particular, it has long been observed by human rights observers, scholars, and practitioners in the field of migration that irregular migrants are often hesitant or unwilling to contact or interact with law enforcement authorities to report crime, either as victims or as witnesses, out of fear of arrest or deportation.3 As a result, these irregular migrants are unable to exercise their basic rights to necessary services, protection, and justice, and are often more vulnerable to perpetrators who are able to exploit their reluctance to report crime. Moreover, the lack of opportunity for irregular migrants to safely report crime results in a lack of crucial intelligence about criminal activity for law enforcement, and significantly reduces authorities’ insight into crime and public safety issues in their communities. As a result of these challenges, both in the United States and across Europe innovative and diverse initiatives have been developed—particularly at the local level—to promote ‘safe reporting’ of crime among irregular migrants, and in turn to ensure greater access to justice for victims.4 In particular, many localities have developed what are commonly referred to as ‘firewall policies’.

Oxford, UK; COMPAS, Global Exchange on Migration and Diversity, 2019. 46p.

Interventions Against Child Abuse and Violence Against Women: Ethics and culture in practice and policy

Edited by Carol Hagemann-White, Liz Kelly and Thomas Meysen

This book offers insights and perspectives from a study of “Cultural Encounters in Intervention Against Violence” (CEINAV) in four EU-countries. Seeking a deeper understanding of the underpinnings of intervention practices in Germany, Portugal, Slovenia and the United Kingdom, the team explored variations in institutional structures and traditions of law, policing, and social welfare. Theories of structural inequality and ethics are discussed and translated into practice.

Leverkusen-Opladen, Verlag Barbara Budrich, 2019. 320p.

Femicide: Volume VI. Violence Against Girls in Flight

Edited by Veronika Bezinsky, Andrada Filip, Luma Kamel, Claire Laurent, Saide Mobayed, Kathryn Platzer, Michael Platzer

FEMICIDE Volume 6: Violence Against Girls contains the speeches delivered at these side events, at which high-ranking officials and experts on GBV presented comprehensive ways of reducing the risk of such violence, increasing the quality of protection for girl victims, and ending the impunity for perpetrators. It also includes the most recent and most effective prevention and mitigation strategies on gender-based violence against underage girls. In this volume of FEMICIDE we pay particular attention to girl refugees, displaced girls and migrant children, and the specific forms of violence and abuse occurring in the context of their flight. The refugee and migration flows in 2015 and 2016 have often been accompanied by abuses of the rights of children, and girls in particular. In such extreme situations as armed conflict, natural disasters, and other emergencies, girls are especially vulnerable to forced marriage, sexual exploitation, trafficking, psychological and physical intimidation, during all stages of their displacement. As girls are the most vulnerable of the vulnerable and are less likely to seek protection and a remedy, this publication focuses specifically on transnational aspects of violence against children, which are often neglected.

Vienna: Academic Council on the United Nations System (ACUNS) Vienna Liaison Office, 2016. 78p.

Femicide: Volume VIII. Abuse and Femicide of the Older Women

Edited by Helen Hemblade

Although violence against and murder of older women is a widespread phenomenon across the world, it receives little targeted attention. The simple fact that women get older than men, and as a result must live alone longer, makes them more vulnerable to exploitation, fraud, robbery and even physical abuse. As such, the abuse and femicide of older women is one of the most widespread unpunished crimes, affecting women of all backgrounds, cultures and countries. In many societies, elderly widows are physically and mentally abused, robbed of their right to inherit their assets - eventually losing their societal status. Due to poor education and no independent income, they are financially insecure and dependent on their children or relatives. FEMICIDE Volume VIII aims to analyse the ways in which women, over the age of 55, are psychologically and physically mistreated all around the globe, often resulting in death.

Vienna: Academic Council on the United Nations System (ACUNS) Vienna Liaison Office. 2017. 80p.

Preventing, Protecting, Providing Access to Justice: How can states respond to femicide?

By Tamsin Bradley

Growing awareness of femicide has not universally translated into effective policy and programming. Though legislation relating to gender-based violence and/or femicide exists in many countries, both persist. A combined social, cultural, political and economic approach situates femicide prevention and responses at various levels, including changes in individual behaviour. Using the term ‘femicide’ more frequently at international forums is crucial not only to focus attention on the gendered nature of violence but also to act as a call for action. Situational studies reveal that political will to end femicide differs from country to country. Femicide together with the patriarchal norms and misogyny that precipitate it are not just extra-EU problems. Rather, they are of global concern, demanding a global response; in non-EU countries this response is often dependent on donor funding. We now know more than ever what works to reverse patterns of violence. These patterns can be broken by developing the capacity of women’s organisations and strengthening global feminist movements that work with national and local activist networks. Additionally, engaging men and boys in this process of transformation is vital if we are to address violence against women and girls and ultimately end femicide.

Brussels: European Parliament, 2021. 22p.

Financial Havens, Banking Secrecy and Money-Laundering

By Jack A. Blum; Michael Levi; R. T. Naylor; and Phil Williams

While there has been a general trend towards enacting money-laundering laws that provide for the lifting of financial secrecy in appropriate cases, such secrecy remains a barrier in many jurisdictions, including some of those that have come to be known as 'financial havens'. The advances in technology and communication have made the three F's - finding, freezing and forfeiting of criminally derived income and assets all the more difficult. This publication discusses these issues and other related problems in depth. The law enforcement success stories presented convey a sense of imaginative ways in which financial havens are used. The cases also highlight the advantages, from the point of view of criminals, of collusion with bank employees and the use of professional launderers.

Vienna: United Nations Office for Drug Control and Crime Prevention, 1998, 117p.