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CRIMINOLOGY

NATURE OR CRIME-HISTORY-CAUSES-STATISTICS

Posts tagged history
Supervising criminalised women in the community in England and Wales: A brief history of (un)changing attitudes

By Maurice Vanstone and Anne Worrall

There has not been a specific history of supervising women in the community. This article, therefore,describes the early neglect of work with women and the period of change from the 1970s when women became more visible and the criminal justice system’ sresponse to them began to face scrutiny. It posits the story against the background of increased awareness of gender discrimination and efforts to reduce the use of imprisonment by addressing women’s criminogenic and social needs through community-based supervision.It juxtaposes innovative work initiated by practitioners and managers to years of unfulfilled policy promises.An essential part of the story is the attempt to integrate feminist perspectives into policy and practice at a time of organisational and political turbulence. It con-cludes that our increased understanding of criminalised women presents the opportunity of breaking the frustrating cycle of governmental ‘enthusiasm-disillusion-indifference’ and making a genuine contribution to equality and social justice.

Howard J. Crim. Justice. 2024;1–15.

A history of restorative justice in Scotland: The evolving nature of an innovation in criminal justice policy and practice

By Steve Kirkwood and Leo Kritikos

High-level political support for restorative justice in Scotland is at its strongest for many years, and yet its availability is lower now than in the mid-2000s. To explore the reasons behind this paradox, we undertook an oral history project focused on the origins and development of restorative justice in Scotland. Based on 15 interviews with professionals, we tracked how the nature, objectives and scale of restorative justice has evolved in Scotland over time. Our analysis shows how the meaning and purpose of justice initiatives can shift, providing insight into policy development and broader debates about the role of justice responses.

The Howard Journal of Crime and Justice Early View, 2024.

Bail at the Founding

By Kellen R. Funk & Sandra G. Mayson

How did criminal bail work in the Founding era? This question has become pressing as bail, and bail reform, have attracted increasing attention, in part because history is thought to bear on the meaning of bail-related constitutional provisions. To date, however, there has been no thorough account of bail at the Founding. This Article begins to correct the deficit in our collective memory by describing bail law and practice in the Founding era, from approximately 1790 to 1810. In order to give a full account, we surveyed a wide range of materials, including Founding-era statutes, case law, legal treatises, and manuals for magistrates; and original court, jail, administrative, and justice-of-the-peace records held in archives and private collections.The historical inquiry illuminates three key facts. First, the black-letter law of bail in the Founding era was highly protective of pretrial liberty. A uniquely American framework for bail guaranteed release, in theory, for nearly all accused persons. Second, things were different on the ground. The primary records reveal that, for those who lived on the margins of society, bail practice bore little resemblance to the law on the books, and pretrial detention was routine. The third key point cuts across the law and reality of criminal bail: both in theory and in practice, the bail system was a system of unsecured pledges, not cash deposits. It operated through reputational capital, not financial capital. This fact refutes the claim, frequently advanced by opponents of contemporary bail reform, that cash bail is a timeless American tradition. The contrast between the written ideals and the actual practice of bail in the Founding era, meanwhile, highlights the difficulty of looking to the past for a determinate guide to legal meaning.

Harvard Law Review, VOLUME 137, ISSUE 7, MAY 2024

Bandits, Urban Guerrillas, and Criminal Insurgents: Crime and Resistance in Latin America Chapter 6 in Pablo A. Baisotti, Editor, "Problems and Alternatives in the Modern Americas."

By John P. SullivanNathan P. Jones 

This chapter covers the early history of bandits including the role of bandits in revolution (e.g., Pancho Villa), the rise of urban guerrillas (e.g., Che Guevara and the Cuban Revolution, Carlos Marighella (the Minimanual of the Urban Guerrilla)) in Brazil and the Tupamaros in Uruguay, and the transition from ideological revolt to the criminal insurgency. The later transition will focus on the transition to crime by the FARC and ELN in Colombia succeeded by Bacrim in Colombia, mega-gangs in Venezuela, and Brazilian gangs (i.e., The Commando Vermelho and Primeiro Comando da Capital), followed by the rise of a criminal insurgency waged by territorial (third-generation) gangs (including maras such as MS-13 and Barrio 18 in Central America) and criminal cartels. The nexus between prison gangs and criminal gangs and the emergence of criminal enclaves (such as the Triple Frontier and Ciudad del Este) will be explored. A common thread will be a discussion of crime and social banditry (Hobsbawm) as mechanisms of revolt. Urban crime and instability and the emergence of crime wars and criminal insurgency will be discussed in context of state transition, globalization, and the rise of transnational organized crime.

London; New York: Routledge, 2021, 28p.

Madame Bovary on Trial

By Dominick LaCapra

In 1857, following the publication of Madame Bovary, Flaubert was charged with having committed an "outrage to public morality and religion." Dominick LaCapra, an intellectual historian with wide-ranging literary interests, here examines this remarkable trial. LaCapra draws on material from Flaubert’s correspondence, the work of literary critics, and Jean-Paul Sartre’s analysis of Flaubert. LaCapra maintains that Madame Bovary is at the intersection of the traditional and the modern novel, simultaneously invoking conventional expectations and subverting them.

Ithaca, NY: Cornell University Press, 1986. 224p.

Fantasies of Gender and the Witch in Feminist Theory and Literature

By Justyna Sempruch

In Fantasies of Gender and the Witch in Feminist Theory and Literature, Justyna Sempruch analyzes contemporary representations of the “witch” as a locus for the cultural negotiation of genders. Sempruch revisits some of the most prominent traits in past and current perceptions in feminist scholarship of exclusion and difference. She examines a selection of twentieth-century US American, Canadian, and European narratives to reveal the continued political relevance of metaphors sustained in the archetype of the “witch” widely thought to belong to pop-cultural or folkloristic formulations of the past. Through a critical rereading of the feminist texts engaging with these metaphors, Sempruch develops a new concept of the witch, one that challenges traditional gender-biased theories linking it either to a malevolent “hag” on the margins of culture or to unrestrained “feminine” sexual desire. Sempruch turns, instead, to the causes for radical feminist critique of “feminine” sexuality as a fabrication of logocentric thinking and shows that the problematic conversion of the “hag” into a “superwoman” can be interpreted today as a therapeutic performance translating fixed identity into a site of continuous negotiation of the subject in process. Tracing the development of feminist constructs of the witch from 1970s radical texts to the present, Sempruch explores the early psycho-analytical writings of Cixous, Kristeva, and Irigaray, and feminist reformulations of identity by Butler and Braidotti, with fictional texts from different political and cultural contexts.

West Lafayette, IN: Purdue University Press, 2008. 198p.

Envy, Poison, and Death: Women on Trial in Classical Athens

By Esther Eidinow 

At the heart of this book are some trials conducted in Athens in the fourth century BCE. In each case, the charges involved a combination of supernatural activities, including potion-brewing and cult activity; the defendants were all women. Because of the brevity of the ancient sources, and their lack of agreement, the precise charges are unclear; the reasons for taking these women to court, even condemning some of them to die, remain mysterious. This book takes the complexity and confusion of the evidence not as a riddle to be solved, but as revealing multiple social dynamics. It explores the changing factors—material, ideological, and psychological—that may have provoked these events. It focuses in particular on the dual role of envy (phthonos) and gossip as processes by which communities identified people and activities that were dangerous, and examines how and why those local, even individual, dynamics may have come to shape official civic decisions during a time of perceived hardship. At first sight so puzzling, these trials come to provide a vivid glimpse of the sociopolitical environment of Athens during the early to mid-fourth century BCE, including responses to changes in women’s status and behaviour, and attitudes to particular supernatural/religious activities within the city. This study reveals some of the characters, events, and local social processes that shaped an emergent concept of magic: it suggests that the legal boundary of acceptable behaviour was shifting, not only within the legal arena, but also with the active involvement of society beyond the courts.

Oxford, UK: Oxford University Press, 2015. 440p.

Criminal achievement, criminal self-efficacy, and the criminology of Carlo Morselli: suggestions for continuing and extending a fruitful line of inquiry

By Timothy Brezina & MariTere Molinet

The unique scholarship of Carlo Morselli fuelled interest in criminal networks, entrepreneurship, and achievement. In this paper, we summarise Morselli’s contributions to the scholarship on criminal achievement, with special attention to the subjective aspects of such achievement. We show how Morselli’s work ignited interest in the novel concept of criminal self-efficacy and we offer a number of suggestions for continuing and extending this important line of work. In particular, we (1) discuss reasons why the subjective aspects of criminal achievement have been largely neglected by others, but why they are important to explore; (2) review the possible sources of criminal self-efficacy; (3) discuss gender differ-ences in this area; and (4) highlight the overall balance between criminal and conventional self-efficacy as an important considera-tion. Further research in this area may help us better understand the attraction to crime, the limited effectiveness of punishment, and reasons for the persistence of criminal careers.

GLOBAL CRIME                                               2022, VOL. 23, NO. 1, 81–100 

The Enemy Within: Homicide and Control in Eastern Finland in the Final Years of Swedish Rule 1748-1808

By Anu Koskivirta

"This work explores the quantitative and qualitative development of homicide in eastern Finland in the second half of the eighteenth century and the early years of the nineteenth. The area studied comprised northern Savo and northern Karelia in eastern Finland. At that time, these were completely agricultural regions on the periphery of the kingdom of Sweden. Indeed the majority of the population still got their living from burn-beating agriculture. The analysis of homicide there reveals characteristics that were exceptional by Western European standards: the large proportion of premeditated homicides (murders) and those within the family is more reminiscent of modern cities in the West than of a pre-modern rural society. However, there also existed some archaic forms of Western crime there. Most of the homicides within the family were killings of brothers or brothers-in law, connected with the family structure (the extended family) that prevailed in the region. This study uses case analysis to explore the causes for the increase in both familial homicide and murder in the area. One of the explanatory factors that is dealt with is the interaction between the faltering penal practice that then existed and the increase in certain types of homicide."

Helsinki: Finnish Literature Society / SKS, 2003. 217p.

Through the Back Door: The Black Market in Poland 1944-1989

By Jerzy  Kochanowsk

This book analyzes the history of the black market in Poland before the 1940s and the development of black-market phenomena in post-war Poland. The author evaluates the interrelation between black-market phenomena and historical and geographical conditions. At first, the black market stabilized the system by making it more flexible and creating a margin of freedom, albeit in the short term. In the long run, the informal economic activities of the people ran counter to and undermined the official ideology of the state. The author concludes that in post-war Poland, owing to a singular coincidence of historical, political, economic and social factors, the second economy had its own unique character and an endemic presence that loomed large in the Soviet Bloc.

Bern: Peter Lang, 2017. 436p.

The Triumphs of Gods revenge

By Reynolds, John, active 1621-1650

The triumphs of Gods revenge against the crying and execrable sinne of (wilful and premeditated) murther : with his miraculous discoveries, and severe punishment thereof : in thirty several tragical histories, (digested into six books) committed in divers countreys beyond the seas : never published or imprinted in any other language.

London : Printed by A.M. for William Lee, and are to be sold by George Sawbridg, Francis Tyton, John Martin ... [and 9 others]. 1670. 508p.

Crime and Justice in America 1776-1976

Edited by Graeme R. Newman

“To celebrate our 200th year of crime, I have tried to bring together a number of papers which (1) trace some historical origins of crime and justice in America; (2) examine some cultural expressions of crime through fact, fiction, and policy; and (3) are themselves representative of the cultural context of crime. Some of the papers attempt to destroy myths; others to comprehend them. Still others try to break out of the visionary mold and plead for rationality. We have on our hands, Wilkins says, a “mad, bad, sick” confusion. The colossal complexity of the concept of crime cannot be doubted, and its role in the mythical foundations of national culture has yet to be apprehended. Perhaps if we can rid ourselves of this confusing moralism about crime, we will be able to go forward with clear heads and protect ourselves.”

Philadelphia. Tha Annals of the American Academy of Political and Social Sciences. 1976. 240p.

The Crime of All Crimes: Toward a Criminology of Genocide

By Nicole Rafter

Cambodia. Rwanda. Armenia. Nazi Germany. History remembers these places as the sites of unspeakable crimes against humanity, and indisputably, of genocide. Yet, throughout the twentieth century, the world has seen many instances of violence committed by states against certain groups within their borders—from the colonial ethnic cleansing the Germans committed against the Herero tribe in Africa, to the Katyn Forest Massacre, in which the Soviets shot over 20,000 Poles, to anti-communist mass murders in 1960s Indonesia. Are mass crimes against humanity like these still genocide? And how can an understanding of crime and criminals shed new light on how genocide—the “crime of all crimes”—transpires? In The Crime of All Crimes, criminologist Nicole Rafter takes an innovative approach to the study of genocide by comparing eight diverse genocides--large-scale and small; well-known and obscure—through the lens of criminal behavior. Rafter explores different models of genocidal activity, reflecting on the popular use of the Holocaust as a model for genocide and ways in which other genocides conform to different patterns. For instance, Rafter questions the assumption that only ethnic groups are targeted for genocidal “cleansing," and she also urges that actions such as genocidal rape be considered alongside traditional instances of genocidal violence. Further, by examining the causes of genocide on different levels, Rafter is able to construct profiles of typical victims and perpetrators and discuss means of preventing genocide, in addition to delving into the social psychology of

  • genocidal behavior and the ways in which genocides are brought to an end. A sweeping and innovative investigation into the most tragic of events in the modern world, The Crime of All Crimes will fundamentally change how we think about genocide in the present day.

New York: New York University Press, 2016. 320p.

The Branch Davidians of Waco The History and Beliefs of an Apocalyptic Sect

By Kenneth G. C. Newport

What were the beliefs of the Branch Davidians? This is the first full scholarly account of their history. Kenneth G. C. Newport argues that, far from being an act of unfathomable religious insanity, the calamitous fire at Waco in 1993 was the culmination of a long theological and historical tradition that goes back many decades. The Branch Davidians under David Koresh were an eschatologically confident community that had long expected that the American government, whom they identified as the Lamb-like Beast of the book of Revelation, would one day arrive to seek to destroy God's remnant people. The end result, the fire, must be seen in this context.

Oxford, UK; New York: Oxford University Press, 2006.

The Criminal Imbecile

By Henry Herbert Goddard.

This book is offered to the public in the belief that the three cases herein described are typical of a large proportion of criminal cases and that the analysis and discussion at- tempted will help to make clear important points which are often misunderstood, points relative to the criminal and to the imbecile. A clear conception of the nature of the imbecile and of his relation to crime will inevitably result in a most desirable change in our criminal procedure. It should be noted that we use "imbecile" in the legal sense which includes the moron and often the idiot as scientifically classified. This usage is justified since much of the literature still describes all mental defectives as imbeciles, idiots, or feeble-minded —according to the preference of the writers. These cases are unique in that they were the first court cases in which the Binet-Simon tests were admitted in evidence, the mental status of these persons under indictment being largely determined by this method.

New York: Macmillan, 1916.188p.

Frauds of America

By E.G. Redmond.

Or, Beware of shams, how they are worked and how to foil them - the tricks and methods of all kinds of frauds and swindlers, from the petty sneak-thief to the cleverest schemes of the expert bank robber, fully exposed for the protection of the American public. “For the protection of the community in general from all classes of depredators this book is intended. The methods of catching victims by fraudulent and swindling practices has never before been given in full to the public. We have now for the first time, in this book, given a truthful and reliable expose of the multifarious schemes, swindles and dodges practiced on the American public. Scarcely a day passes but the press reports depredations of one kind or another from all parts of the country. The burglar, safe-breaker, sneak-thief, swindler, confidence man, forger, check-raiser and counterfeiter are ever on the alert, and the reason these rascals are usually successful is owing to the fact that the public is unacquainted with the "* way they work. This book exposes all manner of thievery, swindling, robbery, etc. —the modus operandi—in a plain and practical way. For the protection of the people of America from all classes of thieves and rascals this work is written. It is the result of years of careful application and untiring work by experts, and will be found of inestimable value to the public. It is not a detective story, or work of fiction, but a book of facts, instructive, interesting and educational.”

Naperville, IL: J.L. Nichols & Co.1902. 411p.