Showing papers in "British Journal of Criminology in 1990"

Weather and crime

Abstract: In studying the causes of crime, most criminologists have concentrated on traditional socio-demographic variables, such as age, sex, race, and socio-economic status. However, some researchers have investigated the influence of the physical environment on criminal behaviour. There is a recent theoretical basis for research into the influence of weather on crime: the situational approach, rational choice theory, and routine activities theory all suggest that weather could significantly influence crime rates and criminal behaviour. This paper brings together for the first time the accumulated research on weather and crime. It discusses the theoretical background, examines research into the influence of different weather conditions (such as high temperatures, rain, and wind) on various types of criminal behaviour, outlines problems with the current research, and suggests ways of advancing knowledge about weather and crime.

IDEOLOGY, HEGEMONY, AND EMPIRICISM Compliance Theories of Regulation

Abstract: In this article we engage in an extended critique of the thesis that the illegal conduct of corporations necessarily calls for different forms of regulation than other kinds of law-breaking. The proponents of that view argue that the unique nature of such illegalities is one reason why they necessitate a particular type of enforcement attitude or response. They advocate a strategy that produces compliance through persuasion rather than through the threat of sanctions. Another reason advanced is that corporations are not, as many would have it, 'amoral calculators', but rather 'political citizens' who may indeed sometimes err but are more prone to organizational incompetence than deliberate wrongdoing. Thus they need advice rather than chastisement: regulatory agencies should act as consultants rather than policemen. We will take each element of this argument in turn and show that it is neither logically nor empirically persuasive. We will then turn to the issue of how to make corporate regulation more effective and show that this requires a consideration of both the most suitable strategies for the enforcement agencies to adopt and the most appropriate legal framework for determining the criminal responsibility of these corporations. Union Carbide asserts that central, state and municipal authorities had so exercised (or failed to exercise) their statutory duties as to raise issues of negligence. In particular it is alleged that the Indian government may have granted a licence for the Bhopal plant without adequate checks on the plant; that the relevant controlling agencies responsible for the plant were grossly under staffed, lacked powers and had little impact on conditions in the field. More particularly, the Bhopal department of labour office had only two inspectors, neither of whom had any knowledge of chemical hazards . . . (Muchlinski 1987: 575)

Drug markets and law enforcement

Abstract: This paper examines the market in illegal drugs, law enforcement counter-measures, and their interaction in Britain. Doubt is cast on the conventional view that the drug market is monopolistic, dominated by a few big suppliers. A diverse set of enterprises, best distinguished by their qualitative features rather than their size, is described. These enterprises are faced by law enforcement agencies that have at their disposal formidable legislation which providesfor life imprisonment and confiscation of assets of drug distributors. The British post-war history of legislation against distributors has been one of increasingly punitive measures, and although there is no evidence that this has restricted the distribution networks, it may have contributed to the increasing professionalization of the trade. The authors conclude that drug control policies would be more effective if less enthusiasm were expended in raising levels of penalties and more attention paid to the ways in which an irrepressible market may be shaped in more or less harmful forms by legislation and policing strategies.

COMPLIANCE STRATEGY, PROSECUTION POLICY, AND AUNT SALLY A Comment on Pearce and Tombs

Abstract: The paper by Pearce and Tombs appearing in this issue raises significant issues about the social control of business behaviour. As they know,1 I agree with the broad argument that it is important to enhance regulatory control over business, and many of the issues they discuss deserve further attention. In my opinion, stricter enforcement and harsher penalties for regulatory violations are in many instances necessary. What I do take issue with, however, is the way in which they misread and dismiss much of the current research on social regulation. There are two points that I want to make at the outset, as clearly and as simply as I can. First, much of what Pearce and Tombs have to say in their paper about existing socio-legal work on social regulation is based on misinterpretation, misunderstanding, and misrepresentation. Second, to the extent that it is possible to construe what Pearce and Tombs say about my and my colleagues' work as implying tolerance of the death, injury, and illness caused by business and industry, they outrageously misrepresent our position.2 Pearce and Tombs have written a paper in two distinct parts. The first is a critique of British and American socio-legal research on social regulation, the second an argument for the greater use of sanctioning strategies based on deterrence theory. The first part of the paper is a confused confection of theoretical critique and policy prescription, of positive and normative, of description and advocacy, and in so far as the authors are really concerned in their paper with advancing the cause of improved occupational health and safety, many of the remarks they make about other socio-legal enquiries are gratuitous and irrelevant. I want in this reply to discuss some of the central themes in their paper. I shall deal with their critique and draw attention to some of the ways in which Pearce and Tombs

DIFFERENCES BETWEEN BRITISH AND AMERICAN CRIMINOLOGY An Analysis of Citations

Abstract: This paper uses citation analysis as a way of investigating differences between British and American criminological research. Citation analysis is a valid technique for assessing the prestige of journals and scholars, although it has never before been used in studying British criminology. We found that British Journal of Criminology (BJC) articles were rarely cited in the leading American journal Criminology. The citation rate of BJC articles in Criminology and in the Social Science Citation Index (SSCI) increased as their quantitativeness increased. There was no significant tendency for the most cited authors in the BJC to be among the most cited in Criminology. We concluded that the influence of British criminologists on their American counterparts will increase only to the extent that they are able and willing to carry out high quality quantitative research using sophisticated statistical methods.

The Power of Accidents: The Social and Psychological Impact of Accidents and the Enforcement of Safety Regulations

Abstract: Inspectorates of the Health and Safety Executive are notified of work accidents ranging from minor to catastrophic, and investigate a subset of around 5 per cent with a view to possible enforcement action. Drawing on empirical data on the Factory, Agricultural, and Railway Inspectorates, we discuss how the social and psychological impact of accidents affects the work of safety inspectors. Reactive enforcement following accidents has important advantages over proactive enforcement, but responses to major accidents and disasters may consume extensive resources at the expense of other enforcement activity.

VIOLENT CRIME IN BRISTOL An Accident and Emergency Department Perspective

Abstract: A victim survey was conducted in a large city centre hospital accident and emergency department serving a well-defined population. Those most at risk of violence were similar to risk groups identified in previous crime surveys. Compared to the hospital catchment population, males aged 16-29 years, those resident in the most socially and materially deprived electoral areas, single people, skilled manual workers, and the unemployed were significantly over-represented. Males attended for treatment most often at the weekend between 11.00 p.m. and 3.00 a.m. while females attended more evenly through the week. The incidence of domestic violence was higher than that reported in the British Crime Surveys. Overall, numbers of victims increased with increasing hours of daylight during the first five months of the year. Most assaults took place in the street or in public houses or discotheques, though female victims were most often assaulted in their own home, usually after an argument. Accident and Emergency Department data are a useful source of information about violent crime.

Unnatural deaths in prison

Abstract: A total of 442 unnatural deaths occurred in prisons in England and Wales between 1972 and 1987 inclusive. Of these, 300 received a coroner's verdict of suicide. Fifty-two of the remaining deaths resulted from consciously self-inflicted injuries. The circumstances surrounding these deaths were compared to those of the suicides. It was found that where there was a history of self-injury during the same period of custody, deaths that occurred during the day-time or involved dying relatively slowly were more likely to receive a verdict other than suicide. Furthermore, where there was a history of recent treatment with major tranquillizers, a suicide verdict was less likely. In reviewing the remaining 90 unnatural deaths it was noted that homicide was rare in British prisons.

DUTCH TOLERANCE Facts and Fables

Abstract: Well over two hundred years ago, John Howard paid visits to prisons in The Nether lands. Compared to the misery and filth he had seen in England and in other countries on the Continent, he found the Dutch prisons extremely clean and comfortable—a commendation the Dutch were only too ready to accept. In fact, they still proffer Howard's judgement as evidence of the tradition of mildness and tolerance in their country. The British criminologist David Downes, in his study Contrasts in Tolerance on post-war penal policy in The Netherlands and England and Wales (Downes 1988), quotes Howard too, and adds a great number of positive assessments of his own regard ing the prison system and criminal policy in The Netherlands. For this reason his book will no doubt rank high on the Dutch national scale of sources cited. As a Dutch criminologist, I read Downes's study with great pleasure.1 Generally, however, I think that he has contributed more to national myth-making than to a deepening of criminological insight into the post-war reality in The Netherlands. This critical judgement is founded not only on what Downes studied and wrote about, but also on what he failed to study and write about. This article, then, is about what I read and what I did not read in his book. However, I should state from the outset that Downes's book can easily stand comparison with Dutch publications, if only by the size of the problems Downes tries to clarify: it is the first book in which post-war penal policy in The Netherlands is analysed on such a large scale.

Why are prison rates in england and wales higher than in australia

Abstract: In 1986 the number of people in prisons per 100,000 of the population was much higher in England and Wales than Australia (93 compared to 70). This difference was not due to differences in crime rates nor the success of the police in apprehending offenders, but to the greater number of people (per capita) in England and Wales received into prison, both on remand and under sentence. Furthermore, in England and Wales, young adults were much more likely to be detained in custody--particularly those sentenced for non-sexual assault, burglary, and property damage.

Community service practice

Abstract: Work and studies on alternatives to custody in Zimbabwe began in 1992. In 1994, thanks to the financial support of the European Union and the British government, Zimbabwe instituted a Community Service scheme. Zimbabwe’s experience proved to be successful: in August 1997, when the scheme was officially transferred to the Zimbabwean government, more than 16 000 persons had been sentenced to community service as an alternative to custody.

VIOLENT CRIME IN SCOTLAND AND SWEDEN Rate, Structure, and Trends

Abstract: This study reports some findings from the first part of a larger research project comparing criminal violence in Scotland and Sweden. The purpose of this first study is to discuss specific problems of comparability of legal definilions and official crime statistics on violence between the two countries, and to compare the rate of known violent criminality, its structure, and trends.

STUDYING ETHNIC MINORITIES IN RELATION TO CRIME AND POLICE DISCRIMINATION Answer to Bowling

Abstract: In this paper I reply to most of the remarks made by Bowling (1990). Bowling seems to have no confidence in either self-report data or arrest data. He argues that blacks (or ethnic minorities) are no more involved in crime than autochthons but that they are discriminated against by the police (and by society at large). Finally, he seems to argue that there is no association between family integration and crime among blacks. My answer to Bowling is divided into four sections. First, Bowling distorts what I did in looking for correlates of crime. He seems to argue that it is unacceptable to situate the causes of crime, in part, in the lack of family integration of respondents. In my study social control was used to look for factors which relate to crime in every ethnic group included in my study. I do not think this is looking for criminogenic black family structure'. Secondly, I explain that self-report delinquency data are not equally valid for different ethnic groups. The differences occur between whites and blacks on the one side (low level of discrepancies) and Turks and Moroccans on the other side (high level of discrepancies); and not between Dutch on the one hand and other ethnic minorities on the other hand as Bowling states. Thirdly, for an explanation of the occurrence of discrepancies I have looked at social control variables and not as Bowling indicates, at culture'. Fourthly, Bowling does not have any confidence in arrest data. He argues that blacks (or ethnic minorities) are no more involved in crime than autochthons but that they are discriminated against by the police (and by society at large). I will state that there is a large body of studies in many West European and North American countries which show that racial discrimination does not in any important way influence arrest data.