Showing papers in "European Journal on Criminal Policy and Research in 2012"

The Relationship of Drug and Human Trafficking: A Global Perspective

Abstract: Citation: Shelley, Louise. 2012. “The Relationship of Drug and Human Trafficking: A Global Perspective.” European Journal on Criminal Policy & Research 18 (3): 241–53. doi:10.1007/s10610-012-9175-1. Author: Louise Shelley Abstract:

Conviction Statistics as an Indicator of Crime Trends in Europe from 1990 to 2006

Abstract: Convictions statistics were the first criminal statistics available in Europe during the nineteenth century. Their main weaknesses as crime measures and for comparative purposes were identified by Alphonse de Candolle in the 1830s. Currently, they are seldom used by comparative criminologists, although they provide a less valid but more reliable measure of crime and formal social control than police statistics. This article uses conviction statistics, compiled from the four editions of the European Sourcebook of Crime and Criminal Justice Statistics, to study the evolution of persons convicted in European countries from 1990 to 2006. Trends in persons convicted for six offences –intentional homicide, assault, rape, robbery, theft, and drug offences– and up to 26 European countries are analysed. These trends are established for the whole of Europe as well as for a cluster of Western European countries and a cluster of Central and Eastern European countries. The analyses show similarities between both regions of Europe at the beginning and at the end of the period under study. After a general increase of the rate of persons convicted in the early 1990s in the whole of Europe, trends followed different directions in Western and in Central and Eastern Europe. However, during the 2000s, it can be observed, throughout Europe, a certain stability of the rates of persons convicted for intentional homicides, accompanied by a general decrease of the rate of persons convicted for property offences, and an increase of the rate of those convicted for drug offences. The latter goes together with an increase of the rate of persons convicted for non lethal violent offences, which only reached some stability at the end of the time series. These trends show that there is no general crime drop in Europe. After a discussion of possible theoretical explanations, a multifactor model, inspired by opportunity-based theories, is proposed to explain the trends observed.

The Influence of Prison Staff on Inmate Conditions: A Multilevel Approach to Staff and Inmate Surveys

Abstract: The current study connects survey data of inmates and correctional staff in the Dutch prison system in order to describe and explain the impact of staff orientation and staff working conditions on perceived prison circumstances of inmates. Importation and deprivation theory are combined to test an integrated model to explain perceived prison conditions. By surveying staff (N = 1750) and inmates (N = 4673) independently within the same period of time and by afterwards pairing the results on the level of the housing unit (N = 173) using multilevel techniques, it is found that inmates´ perceptions of the prison conditions vary considerably between housing units. It is also found that staff’s perceptions of prison conditions show congruency with those of inmates. Another important finding is that in housing units where the orientation of staff towards inmates is relatively supportive, inmates perceive their circumstances as more positive. Conclusions and directions for further research are provided.

Attrition and Conviction Rates of Sexual Offences in Europe: Definitions and Criminal Justice Responses

Abstract: The “loss” of cases within the criminal justice chain, especially from police to conviction level is known as attrition – a phenomenon that can be observed in every criminal justice system and for every offence type. But is this attrition particularly strong for sexual offences as theories based on the so-called “rape myths” suppose? This question is dealt with by this paper; it studies the different conviction ratios of sexual offences in Europe and tries to evaluate the resulting findings. The data presented are based upon the work done by the expert group for the European Sourcebook (ESB) of Crime and Criminal Justice Statistics and a special EU-funded project on "Defining and Registering Criminal Offences and Measures, Standards for a European Comparison". In order to gain a basis for comparison, the differences between the national legal concepts and definitions are discussed. Then attrition and conviction rates (understood as the ratio of suspected to convicted persons) are examined, firstly for different crime types in order to show the relative importance of attrition in the field of sexual offences, secondly with a special focus on rape, sexual assault and sexual abuse of minors in some European countries. Beyond these mere statistical data the question whether there are particular reasons for the selection process in cases of sexual offences is raised.

Mobility of Sex Workers in European Cities

Abstract: This article focuses on mobility as a crucial aspect of prostitution and human trafficking. I distinguish between horizontal (geographical) and vertical (organizational) mobility to analyze the context in which women, their families, agents, and other actors decide to move from one place to another in the framework of sex-work activities. Data used in this article derive from the ongoing research on human trafficking and prostitution in western and eastern Europe. This research is carried out through participant observation among migrant prostitutes and through interviews and content analysis of media reports in several countries.

The ‘Groundhog Day’ of the Human Trafficking for Sexual Exploitation Debate: New Directions in Criminological Understanding

Abstract: This paper considers the intellectual framework that is used to understand human trafficking and the limitations that it imposes on the criminological study of this phenomenon. First, there is a brief historical perspective which allows for comparisons between current debates and the moral crusades of the Victorian/Edwardian social purists. The contemporary focus on trafficking for sexual exploitation, rooted in Victorian/Edwardian construction has, the authors argue, narrowed the policy remit and the criminological investigation into human trafficking. The paper then proceeds to address the interaction between these enduring (historical) myths, the role of trans-national organised crime and the constraining effects of the contemporary intellectual framework. It is argued that in order to challenge the cyclical nature of the debates, it is necessary to make redundant the use of the term human trafficking and to widen the criminological lens through which we consider the problem. In doing so, we hope to highlight those groups whose experiences are missing or marginalised in the current construction of the problem and urge a reconsideration of the way in which criminology approaches this issue.

Offence Definitions in the European Sourcebook of Crime and Criminal Justice Statistics and Their Influence on Data Quality and Comparability

Abstract: Reaching a high conformity of reported data for different offence groups with the standard definitions provided for these offences is a crucial issue in order to improve comparability of crime and criminal justice data from official sources between countries. Based on data and metadata collected for the European Sourcebook of Crime and Criminal Justice Statistics (ESB), this article takes a close look at the offence definitions used in the 4th edition Sourcebook. After an overview on ESB methodology, namely on questionnaire design and data validation procedures, the general structure of offence definitions in the ESB context is shown and changes compared to earlier editions are explained. Afterwards, ESB data and definition metadata are used to check the quality of the definitions used. Overall and item conformity rates for each offence definition are calculated and assessed. Missing data rates as another indicator for quality problems of definitions are also evaluated. Then, variation coefficients for the different offence groups are compared and critically assessed. The final part of the article contains a view on the distribution of conformity with definitions across Europe. Altogether, offence definitions in the ESB turn out to work very well. Conformity rates tend to be high and variation coefficients are mostly quite uniform for the different offence categories. However, some problematic offence definitions can be identified. As a result of regional analysis it can be shown that conformity rates across Europe do not vary randomly, but follow a certain pattern.

Value for Money? Problems of Impact Assessment of Counter-Radicalisarion Policies on End Target Groups: The Case of Denmark

Abstract: There is a lack of consensus in the academic literature and among policy makers and practitioners on the definition of violent radicalisation, and current counter-radicalisation policy responses and procedures are informed by a weak and, at times, confused understanding of the motivational and structural factors underpinning such a process. The result is a variety of interventions across the EU, signalling a lack of consensus on the purposes of counter-radicalisation. In addition, indicators of success of counter-radicalisation policies are often unclear or unspecified. One consequence of this is that assessments of the effectiveness of counter-radicalisation measures and policy responses are either lacking or often methodologically questionable, impairing our understanding of the impacts of counter-radicalisation interventions on targeted communities. The article investigates problems of assessing the impact of counter-radicalisation measures using Denmark as case study. It shows how the model of radicalisation underlying the Danish counter-radicalisation efforts translate into multilayered policy objectives and diversified policy solutions, and how the initial academic and official assessments of the impact of Danish counter-radicalisation policies on end target groups following is impaired and weakened by common methodological problems and challenges. The article concludes by suggesting some ways ahead for more systematic and valid assessments of the impact of counter-radicalisation policies in Denmark and elsewhere.

Crime and Justice Statistics Collected by International Agencies

Abstract: Other papers in this edition of the European Journal of Criminal Policy and Research use mainly statistics collected through the European Sourcebook on Crime and Justice Statistics but there are many other sources of international statistics collected by different agencies for different purposes. This paper critically examines the main current and planned collections of comparative data within the European community and wider international bodies. Full Web references are given of available questionnaires and publications where these exist. It also discusses the importance of comparative data generally and pitfalls in its interpretation and examines the guidelines published by international bodies to assist with data collection on crime and justice. Finally, the future of comparative data collections is discussed and recommendations are made.

Trends in Police-recorded Offences

Abstract: This article presents 10-year trends (1998–2007) on some common crimes: homicide, assault, rape, robbery, car theft, domestic burglary and drug offences. In addition, a few less common offences in police statistics, such as money laundering, corruption, offences against computer data and systems are discussed, even though trends of these crimes are not available. Trends are shown from Western, Central and Eastern Europe, where significant sociopolitical changes have occurred. Although police data actually describes more the recording practices of the officials than the amount of crime, police data is highly valuable for research purposes. Most countries continuously collect information about police activity, and the police is mostly the starting point for proceeding with a case in the criminal justice system. In the USA, all common offences recorded by the police have decreased during the recent years. In Europe, property crimes, homicide and robbery have decreased in most countries, but violence and drug crimes have increased. According to the crime victim surveys, the increase in assault cannot be explained by the increasing reporting activity of victims; the increase seems real. The level of crime differs considerably in different areas: for instance, homicide is most common in Eastern Europe, but assault is much higher in Western Europe.

Can We Laugh Yet? Reading Post-9/11 Counterterrorism Policy as Magical Realism and Opening a Third-Space of Resistance

Abstract: The War on Terror has demanded the acceptance of ridiculous propositions. But is it funny—can we laugh at such a destructive endeavour? Considering this, the paper reads the War on Terror as a text of magical realism—a literary genre which utilises juxtapositions between the fantastic supernatural and the modern rationalist paradigm. Thinking about the War on Terror as a magical realist text allows us to engage with the fantasy (and humour) of counter-radicalisation policies which require us to believe in ideological contagion and witchcraft-like possession, and the extension of ever-more technologically sophisticated risk-management algorithms which draw upon and necessitate a fear of a coming apocalypse to function. Similar clashes of paradigm are used within magical realist literature to contest the supposedly secure boundaries of rationalism, and to open a place that Homi Bhabha calls ‘third space’ through the creative potential of juxtaposition. In reading the War on Terror as a magical realist text, the paper argues that contemporary security policy narrates its own third space—one that can be extremely funny in the juxtapositions it employs. The War on Terror undermines itself by narrating a liminal space where its claims of security appear ridiculous. Drawing on the thought of Luce Irigaray, the paper argues that this space of laughter is not only useful for resisting the practices of the War on Terror, but also that a failure to laugh consolidates the War on Terror discourse and the joke it is playing on us by taking it seriously.

Trends in the Reaction on Crime in Criminal Justice Systems in Europe in 1990–2007: A Comparison of Four European Regions

Abstract: Recorded crime and prison populations seem to be increasing in Europe. Some explanations for this situation can be related to changes in the reaction on crime by the Criminal Justice Systems. The information collected in the European Sourcebook of Crime and Criminal Justice Statistics (ESB) provides a good opportunity to look in more detail at the changes in the various stages of the Criminal Justice Systems in more than 40 European countries over the period 1990 to 2007. In this study we look mainly at the changes over time of recorded crimes, the offender ratio, the conviction ratio and punitivity in Europe where the countries are clustered into four regions: North/West, South, Central and East Europe. It was found that the increase in the number of recorded drug crimes and a possible higher priority for violent crimes could help explain the increase in recorded crimes during the last two decades. The Criminal Justice Systems in Europe, with some differences between regions within Europe and despite not having more police resources, succeed in finding more offenders. The conviction ratio appeared to be increasing as well, mainly in Central Europe. While punitivity for Europe as a whole is stable, there are vast differences in the levels and trends between the regions.

Protection Orders in the European Member States: Where Do We Stand and Where Do We Go from Here?

Abstract: This article tries to provide an overview of current criminal, civil and administrative protection order legislation in the 27 European Member States by comparing five studies that have (laterally) touched upon this topic. Although the data are sometimes questionable and, on occasion, even contradictory, the general picture emerges that there is a huge variation in levels of victim protection across the EU. In some Member States there are considerable gaps in victim protection legislation, for example, because there is no (pre-trial or post-trial) protection in criminal proceedings or because civil protection orders and/or barring orders are not available. If we agree that in the light of today’s emphasis on victim protection the current gaps in protection order legislation can no longer be accepted, a strategy needs to be devised on how to solve this problem. It was argued that the European Union could play an important part in addressing the protective vacuum, first by supporting thorough research into the current status of protection order legislation and implementation in the 27 Member States, and second by further exploring certain ‘soft law’ possibilities such as co-regulation or the open method of coordination.

Trafficking in Human Beings. Ten Years of Independent Monitoring by The Dutch Rapporteur on Trafficking in Human Beings

Abstract: The report ‘Trafficking in Human Beings, Ten years of independent monitoring’ marked the tenth anniversary of the establishment of the post of National Rapporteur as an independent monitoring mechanism of the Netherlands’ efforts to combat human trafficking. It also marked ten years of making recommendations, 200 in all. Many of those recommendations have been acted upon, the importance of some has receded and others have been regularly repeated. The report outlines the progress made in efforts to tackle human trafficking in the Netherlands over the last ten years in light of those recommendations. In this contribution, the most important aspects of the report are summarised, with a focus on the three P’s (protection, prevention and prosecution), together with the additional P’s (punishment and partnership).

Converted Firearms: A Transnational Problem with Local Harm

Abstract: Over the last decade, the Dutch police as well as police forces in several other Western-European countries were confronted with an increase in the availability and use of converted firearms. Converted firearms were originally blank firing weapons, for example gas and alarm pistols, which are converted to fire live ammunition. These firearms were used for threats, (attempted) killings, robberies and drug related crimes. Although the trade in converted firearms seems to have a small-scale character when judged from a global perspective, the use of these weapons imposes a serious threat to society as converted firearms are cheap and easy to obtain by criminals with an evidently high inclination to shoot, in particular young men from ethnic minority groups. In this article the trade in converted firearms is described using a script perspective. Several underlying mechanisms are distinguished that facilitate the availability of converted firearms on the Dutch criminal market, especially the existence of transnational social networks and the limited context of control. Finally, several strategies are described that focus on the demand-side as well as on the supply-side of the criminal market for converted firearms, such as joint police investigations, local administrative measures, pre-emptive searches and tackling the use of converted firearms by exploiting the anxieties of criminals about the safety of such weapons.

Before the Law: Priorities and Contradictions in the Dialogue Between the German State and Muslims in Germany

Abstract: Since September 11th 2001, discussions about the integration of Muslim immigrants into the European societies have been dominated by issues of national security. This is a consequence of the new security policies characterized by an increase of "repressive measures" complemented by more extensive "preventive measures". In security policy, the whole range of strategies analyzed by Foucault has been used: penalties, surveillance, the imposition of discipline and, finally, control and subject formation. The interdependence of all these forms of discipline is the issue I would like to treat in the present article. My purpose is to show that all these forms are complementary security strategies which can be described as "integration as a means of providing security and preventing terrorism". The coexistence of different forms of discipline causes tensions and ruptures in the security architecture. In the long run, the effect is that they neither serve the cause of providing security nor ensure integration.

Controlling Access to Pick-up and Delivery Vans: The Cost of Alternative Measures

Abstract: Over the past decade - following the disastrous attacks of 9/11 - we have witnessed the introduction of a range of trans-border security programs designed to protect international supply chains against acts of terrorism. In most if not all cases, these programs comprehend the introduction of situational measures, and in many cases operators in the industry are left with limited guidance on how best to implement them. In academic literature on situational crime prevention it is argued that - when introduced without proper reflection and consideration - preventive measures can easily backfire and turn into the negative. It is argued that measures need to be carefully assessed prior to their implementation, and that this assessment should focus on various criteria. In the study reported on in this paper, these observations are illustrated by means of an ex ante consideration of alternative measures to control unauthorised access to pick-up and delivery vans. This study was conducted in 2011 in a Belgian branch of an international express operator, and is limited to the selection process of preventive measures only. The outcome illustrates that - when deciding on what measures best to implement - it may be worthwhile or even necessary not to focus on monetary costs only, but to also take a number of other cost items into consideration; and to make sure that a number of preconditions are in place in order for the introduction of a measure to be feasible and successful. It is argued that an exante consideration of alternative solutions will contribute to making the decision onwhat measures best to implement a more informed and balanced one.

Judicial Policymaking in the EU Courts: Safeguarding Due Process in EU Sanctions Policy Against Terror Suspects

Abstract: At the outset, EU autonomous sanctions against terror suspects and the steps the EU has taken to facilitate the implementation of UN sanctions against Al Qaeda and the Taliban by EU member states have clearly infringed upon the basic due process rights of targeted parties. Over time, although shortcomings do persist, the EU has markedly improved its procedures for adding and removing individuals, groups and entities from its autonomous sanctions list and it has amended the provisions guiding the implementation of UN sanctions. In this article, I argue that judicial policymaking in the EU courts—the European Court of Justice and the Court of First Instance—has been the driving force behind this evolution. By issuing judgments that challenged the compliance of the EU’s sanctions-related procedures with EU law, the courts compelled the EU to introduce reforms that took at least some stipulations of the court judgements into account. At the same time, the courts, acknowledging their legal and political restrictions, refrained from demanding reforms that would have provided for more effective due process protection but that would have been overly costly to EU member states. These limitations notwithstanding, judicial policymaking can thus be seen as a valuable tool for safeguarding human rights in EU counter-terrorism.

Constraining Britain’s Legal Response to Terrorism: Norm Competition and the Prospects for Liberal Democracy

Abstract: Since 2001, the vast majority of terrorist suspects in the UK have been dealt with through criminal prosecutions and trials in the ordinary English courts. However, the British government has also been determined to give itself extra powers to deal with a relatively small proportion of suspects that its feels cannot be prosecuted through the courts. This article focuses on the introduction of powers that allowed the government to detain foreign terrorist suspects indefinitely without trial and to restrict individuals’ movements through the imposition of control orders. These measures have been highly controversial and have been contested by important sections of British society. In this context, the powers have either been significantly constrained by the courts or dropped by the government. Analysing these developments, the article shows how norms of security, liberty and proportionality have helped to shape and constrain Britain’s legal response to terrorism over the last decade. Such constraints raise questions about the commonplace belief that liberal democracies in the post 9/11 world are moving towards the development of increasingly authoritarian responses to terrorism.

Book Review. Prabha Kotiswaran: Dangerous Sex, Invisible Labour. Sex Work and the Law in India

Abstract: The book Dangerous Sex, Invisible Labour. Sex Work and the Law in India is a monograph focused on sex work in the Indian context. In particular, Prabha Kotiswaran combines the existing knowledge on the topic and the ethnographic work she carried out to understand which sex work model can be considered the most adequate to explain the Indian reality. To reach this aim, she presents the different feminist positions regarding sex work and uses them as a theoretical framework to analyze in detail two archetypical Indian sex markets: the brothel-based sex work in Sonogachi (in the North of the country) and the dispersed sex work in Tirupati (in the South of the country). The results obtained from this analysis constitute the basis for the development of a postcolonial materialist feminism sex work model conceived by the writer. Following this logic, the book is divided in three parts. Part I (from chapter 1 to chapter 3), entitled “Theorizing sex work”, explores the main concepts and the main debates about sex work elaborated by different followers. In particular, chapter 1 corresponds to the Introduction of the book. Here the author presents the structure of the book, the terminology and the methodology used (interviews with local sex workers and different stakeholders, newspaper and research reports) to study in depth two sex markets identified as object of the analysis (Sonogachi and Tirupati). In chapter 2 she explains two main feminist positions that, according also to Jeffreys (2009), are becoming more and more relevant in the sex work panorama: the abolitionist and the sex work advocate position. The first considers sex work as a form of violence against women and as a mean to carry out their subordination and discrimination, while the second deems sex work as an activity presenting advantages and disadvantages as any other work and underlines the degree of independency of sex workers. Starting from this distinction, the author includes in the analysis some new directions in the sex work debate (middle ground politics and the focus on the materiality of sex work and on the political economy of sex markets). In chapter 3 the author introduces the materialist feminism concept presenting the main theories related to it and underlining the importance of adopting this perspective in the analysis of the Indian reality. Eur J Crim Policy Res (2012) 18:303–305 DOI 10.1007/s10610-012-9172-4