By Douglas Husak

The allegation that criminal justice systems (and that of the United States in particular) have become guilty of overcriminalization is widely accepted by academics and practitioners on nearly all points along the political spectrum (Dillon 2012). Many commentators respond by recommending that states decriminalize given kinds of conduct that supposedly exemplify the problem. I urge those who are theoretically minded to proceed cautiously and address several preliminary matters that must be resolved before genuine progress is possible. In the absence of a position on several controversial normative and conceptual issues, discussions of overcriminalization and decriminalization are bound to be oversimplified and superficial. My review is organized around six of these issues. I invite commentators to examine (a) what the criminal law is; (b) what overcriminalization means; (c) why overcriminalization is thought to be pernicious; (d) whether overcriminalization is a de jure or de facto phenomenon, i.e., whether it is a function of the law on the books or the law in action; (e) what normative criteria might be invoked to alleviate the predicament; and (f) whether and to what extent overcriminalization is a serious concern in our penal system. Even though these six issues are analytically distinct, positions about one invariably blur into commitments about the others. Although theorists rarely dissent from the claim that states are guilty of something called overcriminalization, uncertainties about the foregoing topics mar their treatments. I conclude that a deep understanding of the problem of overcriminalization depends on how these six issues are resolved.

Annual Review of Criminology, v. 6. 2023, 19pg

By Ralph B. Taylor

For close to a century, the field of community criminology has examined the causes and consequences of community crime and delinquency rates. Nevertheless, there is still a lot we do not know about the dynamics behind these connections. In this book, Ralph Taylor argues that obstacles to deepening our understanding of community/crime links arise in part because most scholars have overlooked four fundamental concerns: how conceptual frames depend on the geographic units and/or temporal units used; how to establish the meaning of theoretically central ecological empirical indicators; and how to think about the causes and consequences of non-random selection dynamics. The volume organizes these four conceptual challenges using a common meta-analytic framework. The framework pinpoints critical features of and gaps in current theories about communities and crime, connects these concerns to current debates in both criminology and the philosophy of social science, and sketches the types of theory testing needed in the future if we are to grow our understanding of the causes and consequences of community crime rates. Taylor explains that a common meta-theoretical frame provides a grammar for thinking critically about current theories and simultaneously allows presenting these four topics and their connections in a unified manner. The volume provides an orientation to current and past scholarship in this area by describing three distinct but related community crime sequences involving delinquents, adult offenders, and victims. These sequences highlight community justice dynamics thereby raising questions about frequently used crime indicators in this area of research. A groundbreaking work melding past scholarly practices in criminology with the field’s current needs, Community Criminology is an essential work for criminologists.

New York; London: New York University Press, 2015. 336p.

By Monica Williams

The controversy surrounding community responses to housing for sexually violent predators When a South Carolina couple killed a registered sex offender and his wife after they moved into their neighborhood in 2013, the story exposed an extreme and relatively rare instance of violence against sex offenders. While media accounts would have us believe that vigilantes across the country lie in wait for predators who move into their neighborhoods, responses to sex offenders more often involve collective campaigns that direct outrage toward political and criminal justice systems. No community wants a sex offender in its midst, but instead of vigilantism, Monica Williams argues, citizens often leverage moral, political, and/or legal authority to keep these offenders out of local neighborhoods. Her book, the culmination of four years of research, 70 in-depth interviews, participant observations, and studies of numerous media sources, reveals the origins and characteristics of community responses to sexually violent predators (SVP) in the U.S. Specifically, The Sex Offender Housing Dilemma examines the placement process for released SVPs in California and the communities’ responses to those placements. Taking the reader into the center of these related issues, Monica Williams provokes debate on the role of communities in the execution of criminal justice policies, while also addressing the responsibility of government institutions to both groups of citizens. The Sex Offender Housing Dilemma is sure to promote increased civic engagement to help strengthen communities, increase public safety, and ensure government accountability.

New York; London: New York University Press, 2018. 288p.

By Bruce A. Jacobs, and Michael Cherbonneau

Carjacking is a violent crime with a broad motivational landscape related to the unique opportunities that a motor vehicle, as the item targeted, makes available to offenders once it is stolen. Although carjacking is technically a form of robbery, carjacking is a hybrid offense because it draws from elements of both regular robbery and motor vehicle theft. Nuanced in its etiology and expression, carjacking boasts a structure and process that require offenders to navigate multiple challenges under considerable time pressure and uncertainty. The fact that carjacking is so often opportunistic yet simultaneously requires a fair amount of calculation makes the offense even more subtle in its complexity. The purpose of this review is to examine these nuances through the lens of official data and existing empirical research. Nascent but growing, this research provides insight into the scope of the problem, the method and manner of the crime's commission, and the challenges of curbing a clear urban menace.

Annual Review of Criminology, v. 6. 2023, 24pg

By David Garland

This review situates the recent, radical challenges to American criminal justice—calls to end mass incarceration, defund the police, and dismantle systemic racism—within the broader social and economic arrangements that make the US system so distinctive and so problematic. It describes the social structures, institutions, and processes that give rise to America's extraordinary penal state—as well as to its extraordinarily high rates of homicide and social disorder—and considers what these portend for the prospect of radical change. It does so by locating American crime and punishment in the structural context of America's (always-already racialized) political economy—a distinctive set of social structures and institutional legacies that render the United States more violent, more disorderly, and more reliant on penal control than any other developed nation. Drawing on a broad range of social science research findings, it argues that this peculiar political economy—a form of capitalism and democratic governance forged on the anvils of slavery and racial segregation and rendered increasingly insecure and exclusionary in the decades following deindustrialization—generates high levels of social disorganization and criminal violence and predisposes state authorities to adopt penal control as the preferred policy response.

Annual Review of Criminology v. 6. 2023, 20pg

By Daniel Borbely, Markus Gehrsitz, Stuart McIntyre, Gennaro Rossi

In this article we study the effects of permanent school closures on crime. We leverage the closure of over 300 schools in Scotland between the school years 2006/07 and 2018/19, and employ a staggered difference-in-differences design on a matched sample. We find that neighbourhoods affected by school closures experience a reduction in crime of about 9% of a standard deviation, relative to areas where schools remained open. This effect is mainly driven by a reduction in violent and property crimes. We provide evidence on several mechanisms explaining the negative crime effect, such as changes in neighbourhood composition and reductions in school-level segregation.

IZA DP No. 16523  
Bonn: IZA – Institute of Labor Economics, 2024. 48p.

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By N. Prabha Unnithan

Criminology and criminal justice is in its infancy in India. This book attempts to examine India's crime problem in detail and document if and how its criminal justice system has responded to emerging challenges and opportunities. The objective is to move beyond mere observations and thoughtful opinions, and make contributions that are the next steps in the development of an empirical (or evidence-based) criminology and criminal justice on this vast and diverse country-by focusing on research that is both balanced and precise. This book brings together a diverse set of 32 academics from India, the US, and the UK who have authored 19 chapters on many aspects of crime and justice in India. The organizational components or sectors of the criminal justice system are the police, the courts, and corrections. The studies collected here provide balanced coverage of the entire criminal justice system and not just one component of it. The first section of this book consists of overviews of several major issues that affect the entire criminal justice system. Section Two considers topics related to the gateway of the criminal justice system, policing. Section Three takes up the operational problems of criminal law and courts and Section Four deals with the difficult question of punishment and correction, the last part of the criminal justice system.

SAGE, 2013, 476 pages

By Cinzia Simonaggio, Elena Rubini, Giulia Facci, Paola Castagna, Antonella Canavese, Lorenza Scotti, and Sarah Gino

This cross-sectional study aimed to assess the association between drugs and alcohol intake and sexual abuse in adolescents, otherwise defined as Drug Facilitated Sexual Assault (DFSA). We considered the survivors who accessed care at the Centre “Soccorso Violenza Sessuale” (SVS – Sexual Violence Relief Centre) in Turin (Italy), between May 2003 and May 2022. We found that 973 patients aged 13–24 among which 228 were victims of DFSA. Epidemiological and anamnestic aspects of the episode of sexual violence were examined, with a specific focus on investigating the alcohol and/or drug intake as reported by the victim, along with the results of the toxicological analysis. the study further accounts for the variations caused by the COVID-19 pandemic on DFSA-related accesses. Our findings show that 23% of adolescents accessing care at SVS were subjected to DFSA. Six out ten adolescents knew their aggressor, at times a partner (10%) oran acquaintance (43%). In 12% of cases violence was perpetrated by a group of people (12%). Almost 90% of young victims described alcohol consumption, while 37% reported drug use at the time of the assault. Alcohol taken alone or in combination with other substances was the most detected drug in our sample throughout the period considered. Given the large use of psychoactive substances among adolescents, it is imperative to implement harm reduction strategies alongside educational activities aimed at fostering awareness about consent. Health personnel should be trained to manage the needs of victims of DFSA clinically and forensically.

International Journal of Legal Medicine. 2024, 10pg

By Richard Rosenfeld, James Austin

This report examines the effects of a small set of factors on violent and property crime rates in Chicago. The authors find that a statistical model based on the Illinois imprisonment rate and a measure of the cost of living explained past variation in crime rates with minimal error.  The authors then used the model to forecast crime rates through 2025. Both violent and property crime are forecast to drop through 2025. In addition, the report finds that were Illinois to reduce its imprisonment rate by 25%, the effect on Chicago’s rate of violent crime would be negligible. No association was found between imprisonment rates and property crime. 

New York: Harry Frank Guggenheim Foundation. 2023, 20pg

By Richard Rosenfeld, James Austin

Employing a small number of predictive variables, the authors of this report created statistical models to forecast violent and property crime rates in New York City. The models estimated yearly changes in New York City’s crime rates from the early 1960s through 2021, estimates that corresponded very closely to the actual rates. The authors then used these models to forecast annual changes in crime rates through 2026. The forecast for violent crime is a slight decrease each year through 2026, while the forecast for property crime shows slight yearly increases. Finally, the projected impact on New York City’s violent crime rate of reducing the state imprisonment rate by 25% would be minimal. No association was found between imprisonment rates and property crime.

New York: Harry Frank Guggenheim Foundation. 2023, 18pg

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

by Lindsey Price Jackson

This guide on Risk-Need-Responsivity: Response Recommendations for Community Courts provides best practices for court practitioners in alignment with evidence-based RNR findings, including advice on incentives and sanctions and a response matrix template.

Also included with this publication is the Center for Justice Innovation's free, non-proprietary RNR tool, the Criminal Court Assessment Tool (CCAT), available in both English and Spanish. Use of an RNR tool is often legislated for community justice programs or required by grant funding. The CCAT is available as an option for use in court-based programs in alignment with local requirements. Please contact the Center for a short, free training before using the CCAT. We also strongly recommend locally validating the tool on your jurisdiction’s population before implementing.

New York: Center for Justice Innovation. 2024, 16pg

By Global Financial Integrity, FACT Coalition, and the Anti-Corruption Data Collective

Today Global Financial Integrity, in conjunction with the FACT Coalition and the Anti-Corruption Data Collective, is releasing a report with identifies 25 cases in which illegal, allegedly illicit or suspicious funds were funneled into commercial property in the United States over approximately the last 20 years. With a total value of property exceeding $2.6 billion, California, Florida and New York are some of the most favored locations for these illegal investments, but criminals stashed money across some 20 different states. This money originated from around the globe and includes suspicious funds from 14 countries, including Iran, North Korea, Kazakhstan, Russia and Mexico. As varied as the sources of funds were, so too were the types of properties involved. Hotels, shopping malls, supermarkets, a music studio and an equestrian facility in addition to more pedestrian office high-rise

It should be noted that our research represents only known cases involving U.S. commercial real estate: the actual number is likely much higher. Our data definitively shows, however, that commercial property in the U.S. offers criminal syndicates, cartels, kleptocrats and fraudsters an easy path to hide and launder their ill-gotten gains. Russian oligarchs facing international sanctions have also invested in U.S. commercial real estate. Shockingly, eight of the 25 cases involve foreign government officials or their relatives, yet the links to these Politically Exposed Persons were only uncovered long after the purchases.In recent years it has become increasingly clear that the combination of complex financing schemes and a lack of transparency mean commercial real estate provides a unique opportunity for laundering huge amounts of cash with a relatively low risk of detection. Identifying who is behind the purchase of commercial property often presents a significant challenge given large financial flows from real estate investment trusts and private investment groups, in addition to funds from shell companies formed and operated by registered agents, proxies and/or attorneys. Key Findings – More than $2.6 billion in suspicious funds were invested in commercial real estate in 22 U.S. states over approximately the last 20 years. The actual figure is likely much higher.– Funds used to buy commercial real estate in the United States originated in 14 different countries including Russia (4 cases), Mexico (4 cases), China, Malaysia, Iran and Kazakhstan (see Map 2). – Of the 25 cases reviewed for this study, 14 involved either politically exposed persons or oligarchs who typically have especially close relationships with foreign government officials. – The types of properties appearing in cases fall into four broad categories: land/buildings, business facilities (e.g. music studios, health facilities), retail spaces (e.g. supermarkets, hotels) and industrial sites (e.g. steel plants). – Weak or non-existent reporting requirements by professions involved in the purchase of commercial real estate contributed to the ease with which illicit funds were laundered.Recommendations 1.FinCEN should adopt a reporting obligation for multiple real estate professionals in a cascading order to ensure the requirement falls on at least one U.S.-based entity involved in the transaction, from both the buyer and the seller. As attorneys are legally required to be part of the closing process in almost 20 states, attorneys should be included with specific reference to the function they perform in the transaction.The rule should cover transfers of ownership that do not constitute a sale. Current rules only refer to purchases of real property by a legal entity. However, numerous cases of real estate money laundering simply involve the transfer of ownership or creation of equitable interest in the property without an actual sale. FinCEN should expand the types of transactions covered to include direct/indirect transfers of ownership or creation of equitable interest in the property.The rule should cover transactions by trusts: An increasing proportion of housing is now owned by legal entities and arrangements, including trusts. In Los Angeles, for example, 23% of rental units are owned by trusts. Both foreign and some domestic trusts are excluded from the purview of the Corporate Transparency Act. We recommend that transactions by all different classes of legal entities and legal arrangements be included in any prospective rule.

Washington, DC: Global Financial Integrity, 2024. 21p.

By Claire Bevan, Jane Lloyd, Hannah McGlade

This document presents a review of the Australian literature on missing, murdered and incarcerated Indigenous women in Australia. The review was conducted by Australia’s National Research Organisation for Women’s Safety (ANROWS) to support seven Indigenous-led communiques into missing, murdered and incarcerated Indigenous women.

The Indigenous women included in the communiques were incarcerated as a result of self-defense against violence that would have otherwise led to their disappearance or murder.

The communiques are being led by Associate Professor Hannah McGlade, member of the UN Permanent Forum on Indigenous Issues.

The purpose of the communiques is to demonstrate Australia’s obligation as a party to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) by drawing on seven cases of Indigenous women who have disappeared, been murdered or wrongfully incarcerated in the last 3 decades (since 1997).

Sydney: Australia's National Research Organisation for Women's Safety (ANROWS), 2024.

By Asher Flynn, Anastasia Powell, Lisa Wheildon

This project offers crucial insights to aid Australian employers and policy-makers in understanding and combating workplace technology-facilitated sexual harassment (WTFSH) effectively.

The study featured:

20 in-depth interviews with industry stakeholders

a national survey with over 3,300 Australian adults

focus groups with young adults to identify current gaps in WTFSH response mechanisms.

The findings underscore the significance of the problem, with 1 in 7 Australian adults surveyed reporting they had engaged in WTFSH.

Results also reflect that gender is a key factor in perpetration. Men were more likely to report they had engaged in WTFSH than women, and male-dominated workplaces were associated with much higher rates of WTFSH than workplaces dominated by women.

Sexist and gender-discriminatory attitudes and the endorsement of sexual harassment myths were two of the strongest predictors of engagement in WTFSH. These results emphasise the critical importance of gender-competent leadership in the workplace.

Sydney: Australia's National Research Organisation for Women's Safety (ANROWS) 2024

By Ian Tennant and Prem Mahadevan

Summary This briefing note summarises the GI-TOC’s research and experiences in engaging with and supporting civil society responses to organised crime. This is provided in the context of the ongoing threats and shrinking space for civil society, and a need for policymakers and officials to understand civil society’s role, value and potential. It is hoped that this briefing note can provide researchers and officials with a background briefing that could enable improved policy responses aimed at supporting civil society as part of whole-of-society efforts to prevent and counter organised crime.

Briefing Note 27

The Hague: Serious Organised Crime & Anti-Corruption Evidence (SOC ACE) 2024. 10p.

By The Center for Justice Innovation

The Center for Justice Innovation and RxStat convened together stakeholders in the criminal justice, court, and public health systems to discuss the treatment of drug use and prevention of fatal overdoses in the context of the criminal justice system, as well as the integration of harm reduction principles. This document, which maps many of the court-based problem substance use interventions currently utilized across New York City, came out of this forum of experts.

On September 19, 2023, the Center for Justice Innovation and RxStat convened together stakeholders in the criminal justice and court systems, clinicians, and public health experts to discuss the treatment of drug use and prevention of fatal overdoses in the context of the criminal justice system, as well as the integration of harm reduction principles into these and related programs. Among the pre-conference materials distributed were this document, which maps many of the court-based problem substance use interventions currently utilized across New York City. We divided these initiatives into four stages within the timeline of a criminal case: pre-arraignment, arraignment, pre-plea, and post-plea. This categorization is intended to highlight the distinct role that each stage plays within the larger system of treatment and prevention.

New York: The Center for Justice Innovation. 2023, 16pg

By Ana Paula Oliveira

Summary As a global challenge, organised crime is increasingly threatening the safety and security of citizens. Despite the real-world impact, there is an apparent disconnection between international human rights laws and policies, and responses to transnational organized crime. Even though the regulatory frameworks may have different objectives and scopes, human rights and responses to organised crime are not concepts at odds. Without aiming to provide an exhaustive or comprehensive account of all human rights issues deriving from the workings of organised crime, this briefing note identifies four areas that justify greater attention to the fundamental rights of natural persons, and convergence in the human rights and crime agendas. It draws on a review of Global Initiative against Transnational Organized Crime (GI-TOC)’s research and programming, and the author’s own experience as a lawyer working on organised crime issues for the past five years.

Briefing Note 29

The Hague: Serious Organised Crime & Anti-Corruption Evidence (SOC ACE) , 2024. 10[p.

By Reynell Badill and Víctor M. Mijares

Why do criminal groups decide to adopt political discourses? We argue that an armed group's discursive politicisation (the public declaration of political motivations) is more likely when the state declares the organisation to be an existential threat, militarises the fight against it (securitisation), and when the leaders of the armed group have had political training. This discourse aims to reduce the state's military actions against them and gain civilian support. This argument is demonstrated through a qualitative comparative analysis of six Latin American cases: Autodefensas Gaitanistas de Colombia and Los Rastrojos (Colombia), Militarizado Partido Comunista del Perú (Peru), Primeiro Comando da Capital (Brazil), Tren de Aragua (Venezuela), and Cartel de Sinaloa (Mexico). Three of them adopted a political discourse, and the others did not. We provide an analytical framework for criminal actors who do not necessarily fit into insurgent, paramilitary or simple criminal group typology.

October 2021Global Crime 22(4):312-335

By The United Nations Office on Drug and Crime (UNODC)

Cocaine, cannabis resin and pharmaceutical opioids are the internationally trafficked drugs most seized in the Sahel. In terms of quantity, cannabis herb is actually the most commonly seized drug in the Sahel countries, but it seems to be produced locally and trafficked mostly for local consumption. Cannabis is also the principal substance for which people seek treatment in the region. The geographical location of West Africa renders it a natural stopover point for cocaine produced in South America en route to Europe, one of the largest consumer markets for cocaine after North America. In a context of increasing cocaine production in South America and increasing demand for the drug in Europe, flows of cocaine trafficked through West Africa have intensified. The re-emergence of large cocaine seizures since 2019 suggests a surge in large shipments of the drug to the coastal countries of West Africa, with 9.5 tons being seized in Cabo Verde. Although the majority of the cocaine reaching West Africa typically continues northwards towards North Africa and Europe via maritime routes along the African coast, an increasing number of significant cocaine seizures involving Sahel countries has provided evidence of large-scale cocaine trafficking through the region. From an average of 13 kg per year in the period 2015–2020, the quantity of cocaine seized in the Sahel countries increased to 41 kg in 2021 and 1,466 kg in 2022, with the bulk reported by Burkina Faso, Mali and the Niger. Annual estimates were not available for 2023, but at the time of writing over 2.3 tons of cocaine had already been seized in Mauritania in 2023.

Cannabis resin is the second most seized drug in the Sahel countries after cannabis herb, with 24.8 tons seized in the period 2021–2022. Representing over 52.6 per cent of the total quantity of cannabis resin seized in West and Central Africa in the same period, this illustrates the importance of the Sahel route for cannabis resin trafficking. According to data from the Sahel countries, the cannabis resin trafficked in the region generally originates in Morocco, where an increase in cannabis resin production has been reported, reaching an estimated 901 tons in 2022. It is typically destined for countries in Western Europe and North Africa. Aside from the direct trafficking route between Spain and Morocco, cannabis resin is typically trafficked overland from Morocco to Mauritania, Mali, Burkina Faso, the Niger and Chad, then onwards to Algeria, Libya and Egypt. Since 2020, the Sahel countries have reported that cannabis resin is being transported by sea via an alternative maritime route, mostly from Morocco down the coast of West Africa to ports on the Gulf of Guinea, in Benin and Togo in particular, before being transported north to the Niger and then on to North Africa. The reconfiguration of the cannabis resin trafficking routes in West Africa is likely to have an effect on the drug distribution networks operating between North Africa, the Gulf of Guinea and the Sahel. For example, Moroccan drug traffickers are likely to become less reliant on Malian organized crime groups, while traffickers in the Gulf of Guinea are likely to be increasingly exposed to cannabis resin, enabling them to diversify their trade and the markets to which they have access. Between 2011 and 2021, the annual prevalence of opioid use (including opiates) increased from 0.33 to 1.24 per cent in Africa. The non-medical use of pharmaceutical opioids appears to have grown considerably, from just two countries (the Niger and Togo) citing tramadol as the principal drug of concern by people entering drug treatment in 2017, to five countries (Burkina Faso, Liberia, Mali, the Niger and Sierra Leone) in 2019. Indeed, the non-medical use of tramadol remains a threat in North, West and Central Africa in particular. Tramadol is the most used opioid for non-medical purposes in Burkina Faso, Mauritania, the Niger, Nigeria, Senegal, Sierra Leone and Togo. Moreover, in 2022, Tramadol was the second most common drug for which female patients sought treatment in Mali and Mauritania etc.

Vienna: UNODC, 2023. 40p.