Showing papers in "European Journal on Criminal Policy and Research in 2019"

From Human Trafficking to Modern Slavery: The Development of Anti-Trafficking Policy in the UK

Abstract: The UK Modern Slavery Act 2015 is the first national legislation to use the term ‘modern slavery’ and to explicitly target ‘slavery’ as opposed to ‘human trafficking’, ‘forced labour’, or other terms. This article explains the development of UK modern slavery policy, which did not arise as a rational response to a defined problem, but has gradually emerged from the policy process as a moderately structured problem. Problem structuring took place in two phases. The first phase was marked by a series of problematisations and policy responses, with disjunctions between the constructed policy problem and the social problem. Elite problematisations excluded alternatives, although the final shape of policy remained open. Policy built up incrementally, running ahead of research so that the policy frame was limited to sexual exploitation while marginalising labour exploitation concerns. In the second phase, unresolved problems of legislation were questioned under the influence of a new moralistic policy frame, an international discourse on slavery, supported by elite political actors. Campaign groups and licit industry also became more influential, increasing the policy scope to take in more types of exploitation. This generated a second round of legislative problematisation, ultimately embedded in the Modern Slavery Act 2015. The two-phase process and prevailing top-down policy direction worked against human rights discourses and victim protection. Modern slavery remains a moderately structured problem, with more work necessary to address unintended consequences and implementation difficulties, including enhancing multi-agency working.

How Long is Life? Comparing the Processes of Release for Life-Imprisoned Offenders in Denmark, Finland, and Sweden

Abstract: In Denmark, Finland, and Sweden, offenders sentenced to life can be released conditionally from prison. Once they have served a legally specified minimum term behind bars, a court decides whether they qualify for release. Through comparative legal research, interviews with criminal justice professionals, and a questionnaire administered to those involved in the decision-making process, this study compares and contrasts how the release process functions in these three countries. Particular attention is paid to the nature of decision makers, the criteria they use to grant or deny release, and the amount of discretion they have in the release decision. The findings suggest that the release process exemplifies the traditionally strong role that judges have played in penal decision making in Scandinavia. The amount of discretion appears to be strongest in Finland and weakest in Sweden, where judges have increasingly been challenged to balance retributive against reintegrative goals of punishment in the release decision.

Increased Gun Violence Among Young Males in Sweden: a Descriptive National Survey and International Comparison

Abstract: This population-based time-trend study examines gun violence rates among males in Sweden during the years 1996 to 2015 and compares the rate in Sweden to other Western European countries. Data were collected from six registries and are presented descriptively per 100,000 inhabitants. The risks among males in Sweden increased considerably in both lethal and non-lethal gun victimization and perpetration. Among males aged 15 to 29 there was a five-fold increase in risk for victimization in lethal and non-lethal gun violence during the 20-year observation period. In a comparative perspective the rate of gun homicide victimization among males 15 to 29 years was higher in Sweden compared to other Western European countries, while the risk for males over age 30 was at an average level. Based on the results of this study we conclude that gun violence among young males in Sweden has been on the rise and is at a high level compared to other Western European countries. The development of gun violence in Sweden can be characterized as endemic, prevalent in both population and socially vulnerable areas.

Children of Organized Crime Offenders: Like Father, Like Child? An Explorative and Qualitative Study Into Mechanisms of Intergenerational (Dis)Continuity in Organized Crime Families

Abstract: This qualitative descriptive study aims to explore (1) the extent of intergenerational continuity of crime in families of organized crime offenders, (2) the mechanisms underlying this phenomenon and (3) the mechanisms underlying intergenerational discontinuity. The study comprised a descriptive analysis of the available numeric information on 25 organized crime offenders based in Amsterdam and their 48 children of at least 19 years of age and a more qualitative in-depth analysis of police files, justice department files and child protection service files of all the family members of 14 of the 25 families. Additionally, interviews with employees of the involved organizations were conducted. In terms of prevalence in official record crime statistics, the results show that a large majority of the organized crime offenders’ sons seem to follow in their fathers’ footsteps. This is not the case for daughters, as half of them have a criminal record, but primarily for only one minor crime. Intergenerational transmission seems to be facilitated by mediating risk factors, inadequate parenting skills of the mother, the “famous” or violent reputation of the father, and deviant social learning. If we want to break the intergenerational chain of crime and violence, the results seem to suggest that an accumulation of protective factors seem to be effective, particularly for girls. For girls, supervision from a child protection service also seems to work quite well. For boys, we might need a different approach to prevent them from offending.

Regulation of Prostitution in the Netherlands: Liberal Dream or Growing Repression?

Abstract: This paper focuses on the regulation of prostitution in the Netherlands from the twentieth century onward. It aims to provide a full description of the Dutch position on prostitution through the interpretation and explanation of current Dutch prostitution policy. This will be achieved by analyzing the legal narratives that substantiate the legal rules provided in both Dutch criminal and administrative law concerning the regulation of prostitution. We analyze the Dutch prostitution legislation of the past, present, and future, using a newly developed analytical framework. Using this framework, we reconstruct the legislator’s attitude towards prostitution using insights from previous theoretical work on prostitution and using models aimed at regulating this phenomenon that range from a total ban to full decriminalization. In our analysis, we also use the legitimating grounds for application of criminal law developed by Feinberg. These grounds are also used in this paper to interpret the administrative intervention in prostitution. This paper reveals a paradox: The idea of a liberal dream goes hand-in-hand with growing repression of freedom in the Dutch prostitution sector.

The Influence of Earlier Parental Violence on Juvenile Delinquency: The Role of Social Bonds, Self-Control, Delinquent Peer Association and Moral Values as Mediators

Abstract: Previous research demonstrated that children who had been exposed to physical maltreatment by parents are at higher risk of using violence as adolescents. It is assumed that parental violence unfolds negative influences on later delinquency directly and indirectly, that is, mediated through other crime predictors. This contribution presents an empirical test of theoretical propositions explaining this cycle of violence derived from three major theories, namely social learning, self-control and social control/bonding theory. Using data from 26 countries of the ISRD3 study, the mediating roles of delinquent peer association, crime-related moral values, self-control as well as family and school bonds among juveniles of grades 7 to 9 are assessed. Moreover, with exploratory intent, it is tested if the same mediating effects apply to each country. Overall the results showed both a significant direct effect of maltreatment on the use of violence and indirect (mediating) effects via each of the considered mediators. Delinquent peer association, self-control and family bonds had higher mediational strength than moral values and school bonds. This is in support of the theoretical assumptions of all three theories. Further, great variability of direct, indirect and total effects of maltreatment on violence across countries and within each mediator were observed. There is tentative evidence that the prevalence rates of maltreatment are negatively associated with the impact of maltreatment on later violence in the considered countries.

Neighborhood Social Capital, Juvenile Delinquency, and Victimization: Results from the International Self-Report Delinquency Study - 3 in 23 Countries

Abstract: Since the beginning of the twentieth century, criminology has attempted to identify ecological factors affecting the rise or the decrease in crime rates. In this framework, concepts of “social disorganization”, “collective efficacy”, and “social capital” have been coined. Particularly in recent years, the perspective of “social capital” has attracted the interest of criminologists, but, despite the numerous studies conducted in this field, some issues remain open. Firstly, studies conducted outside the US context are few. Secondly, even in North American studies, there is a disagreement over the impact of social capital on crime, in particular on violent crimes. The results of this study, conducted on data obtained by the ISRD3 survey in 23 countries around the world, and addressed to 7th, 8th, and 9th grade students (N = 55,201), try to address such issue: they show a negative correlation between social capital and self-reported crime also outside North America, both for violent crimes and general delinquency. The preventive role played by social capital on crime is also confirmed considering the self-reported data on victimization.

Using Police Reports to Monitor Money Laundering Developments. Continuity and Change in 12 Years of Dutch Money Laundering Crime Pattern Analyses

Abstract: This article is based on 4 Dutch Crime Pattern Analyses on money laundering reports. These reports are part of a four-yearly cycle that provides a periodic overview on organized crime in the Netherlands. The reports cover a time span of 12 years, starting from 2004 till 2016. During this time period, stricter anti-money laundering laws and more awareness of, and subsequently, attention to the profits of organized crime, had led to a growing number of confiscations and convictions for money laundering. Although the Crime Pattern Analyses on money laundering reports are unsuitable to study displacement effects or other situational changes (lacking precise data), they are useful as a tool for comparison and further policy research. Findings show that several changes in money laundering methods and new types of facilitators did occur. Technology is the biggest driver behind the identified changes. However, it also turns out that over the years the same money laundering methods keep returning. In such cases, no innovation was found. Even with the advent of digital opportunities and crypto currencies, cash was still extensively used. The continuity in money laundering methods suggests that the risk of detection is quite low or the consequences are negligible.

Who is watching: exploring individual factors that explain supervision patterns among residential guardians

Abstract: Supervision has been identified within criminology as an important element of crime prevention; however, little is known about the individual factors that explain this behaviour among residential guardians. Unique self-report data on daily surveillance routines of residents were gathered from a national sample of 4824 respondents in the Netherlands to explore the key factors that facilitate and inhibit supervision. It was tentatively estimated that residents carry out supervision roughly a quarter of the time they are at home. Further analyses revealed that individual resident characteristics, such as their perceptions of crime, sense of responsibility for guarding, security training, courageousness and national security values positively predict supervision intensity. Conversely, self-esteem and trust were found to negatively affect supervision. Results suggest that manipulable individual factors such as attitudes are more important at predicting supervision than comparatively static factors such as personality. Implications for criminological theory that explains the concept of supervision as a function of guardianship, and how it can be fostered as a crime control mechanism within residential contexts, will be discussed.

Knowledge of Trafficking in Human Beings among Portuguese Social Services and Justice Professionals

Abstract: Knowledge about trafficking in human beings has several implications for various social service and justice professionals. The aim of this study was to examine the knowledge of social service and justice professionals regarding the characterization of this phenomenon and anti-trafficking policies in Portugal. Four hundred and forty-six social service and justice professionals completed an online Human Trafficking Knowledge survey. The results revealed that Portuguese professionals have, in general, a good level of knowledge about trafficking in human beings, revealing higher-level scores for issues, such as trafficking in human beings’ idiosyncrasies and purposes in Portugal, trafficker profiles, criminal behaviour, victim profiles and victimization dynamics. On the other hand, participants scored lower in trafficking in human being’s trajectories and specificities within Portugal. This knowledge appeared to be influenced by variables, such as professional experience, previous contact with trafficking and training in trafficking in human beings. National policies must promote professional formal training about trafficking in human beings in different areas.

Assessing the risk of money laundering: research challenges and implications for practitioners

Abstract: Over the past 12 years, the concept of risk has become central to the anti-money laundering (AML, hereinafter) debate worldwide. All the actors involved in the prevention of money laundering — governments, law enforcement agencies, public authorities, banks and professionals — have been asked to shift from a rule-based paradigm to a risk-based approach, allocating their AML efforts where the risk of money laundering is higher. The key reference of this risk-based approach (RBA) is the first of the 40 Recommendations issued by the Financial Action Task Force (FATF). FATF Recommendation 1 provides that AML measures should be Bcommensurate with the risks identified^ (FATF 2012, pg. 31): higher money laundering risks require enhanced measures, lower risks allow for simplified ones. Consequently, AML resources (e.g. processes, people, investigations) should be deployed according to the estimated risk. The RBA is a very innovative paradigm. For the first time, public and private institutions are advised not to comply blindly with the law but to evaluate where and when to take action. This innovation has found a lot of success among regulators and policy-makers. Since its introduction in the late 1990s by the FATF, the RBA has inspired the AML legislation of most countries worldwide, including the United States and most European countries. The Directive 2015/849 (or 4th EU AMLDirective) and the forthcoming 5th AML Directive devote an entire section to the RBA. However, its success goes beyond geographical scope. The RBA is applied by both governments and private companies, namely all the obliged entities which are subject to AML legislation: banks, insurances, professionals, notaries, casinos, real estate agents, high value dealers, among others. All these actors should carry out an assessment of how money laundering risks distribute across areas, sectors, products and clients. The FATF and, in the EU, the 4th AML Directive European Journal on Criminal Policy and Research https://doi.org/10.1007/s10610-019-09409-3

Foreign National Prisoners in Flanders (Belgium): Motivations and Barriers to Participation in Prison Programmes

Abstract: This exploratory study examines the experiences of foreign national prisoners and the motivations and barriers to their participation in prison programmes (eg educational courses, use of the prison library, prison work, sociocultural activities, sports) Data are derived from 15 individual interviews with foreign national prisoners in two Belgian prisons During the interviews the strengths-based approach of Appreciative Inquiry was used The results demonstrate that foreign national prisoners experience motivations and barriers that can be placed at the different levels of the ecological model of Bronfenbrenner (1979) which affect individual behaviour: micro-, meso-, exo- and macro-level Foreign national prisoners were often motivated to participate in prison programmes to improve their health (micro-level) or to facilitate contact inside and outside prison (meso-level) The reverse was also possible; foreign national prisoners were limited in their participation in prison programmes by their social networks (meso-level) and a lack of knowledge and understanding of the available activities (exo-level) In conclusion, limitations, guidelines for further research and implications for practice and policy are considered

Estimating Money Laundering Risks: An Application to Business Sectors in the Netherlands

Abstract: Current money laundering policies often rely on the same prescribed instruments for many business sectors. For ‘risk based’ policies, however, it is important to know in which business sectors money laundering risks are relatively higher. This paper builds upon work conducted as part of Identifying and Assessing the Risk of Money Laundering in Europe (IARM) project and focuses on money laundering risk assessment in the Netherlands. In this paper, we discuss theoretically and empirically how these risks can be estimated and we present results based on data regarding business sectors in the Netherlands. The used risk factors include data on organised crime investments, beneficial owners, and confidential information from the Dutch Tax Office on anomalies in tax declarations by companies. Our results indicate that casinos, hotels, and the art and entertainment sector have the highest money laundering risks in the Netherlands.

Assessing Money Laundering Risk across Regions. An Application in Italy

Abstract: Most money laundering (ML) risk assessments carried out in Europe and abroad are qualitative analyses at national aggregate level. To complement current knowledge, this paper – based on the findings of the European co-funded project IARM (Identifying and Assessing the Risk of Money laundering in Europe - www.transcrime.it/iarm ) – proposes a new quantitative methodology to measure ML risk across regions in a country and tests it on the 110 Italian provinces. In particular, it develops a composite indicator of ML risk, which combines a variety of risk factors (classified as threats and vulnerabilities), such as organised crime, tax evasion, cash-intensiveness and opacity of business structure. The application of the methodology to Italy reveals that the areas with the highest (relative) ML risk are in the south of the country, in particular Calabria, with some exceptions in the centre (e.g. province of Prato) and in the north (e.g. Imperia). The developed risk indicator can support policy-makers and investigators in allocating anti-money laundering (AML) resources more effectively, but it can also be helpful for obliged entities such as banks and professionals to improve their “risk based” customer due diligence activities.

A House Divided Against Itself Cannot Stand: Evaluating Police Perception of UK Missing Person Definition

Abstract: This study empirically analyses the definition of a ‘missing person’ for England, Wales and Northern Ireland, which is part of a wider policy concerning missing persons published by the College of Policing (2016). Four hundred six participants (i.e. police officers and civilian staff) were asked for their viewpoint on (a) the suitability of the current definition, (b) the limitations of the definition and (c) components that should be included in a future definition. Sixty-five per cent of participants did not consider the current definition suitable and identified components they considered inappropriate as well as components they wished to add to a missing person definition. The findings are discussed in relation to the wider context of policy process and policy implementation, as well as the need for a coordinated response across public sectors, and comparability between countries within the EU and internationally. This paper advances policy learning by identifying challenges resulting from utilising the policy and concludes with recommendations in order to inform future policy discussions.

Security Needs of Citizens and Community Policing in Serbia – is There a Link?

Abstract: The local community represents a context in which a real quality of social life can be researched. One of the life quality indicators is a degree of satisfying security needs of citizens. Among the resources which the local community engages to solve these needs, the police occupy the key position. Within the model of police engagement in the local community, the concept of community policing has great significance as a qualitatively new system of the police organization and functioning based on the correlation between the citizens’ expectations and what the police really do. By interviewing 750 respondents in five communities in Serbia, in which this policing strategy is being realized, their security needs are being determined. The research results indicate that the citizens of the researched communities are concerned about the extent and intensity of the different forms of violence and all forms of social behavior which jeopardize the security of their families. They recognize the police as a local community resource in charge of solving their security needs and they point out the necessity of undertaking preventive activities. The following factors are noticed as the limitation factors: lack of interdepartmental cooperation within the police services and insufficient local community involvement in problem solving.

Learning from Money Laundering National Risk Assessments: The Case of Italy and Switzerland

Abstract: The FATF requires each country to undertake a national risk assessment (NRA) to show the government’s knowledge of money laundering risks. There is little guidance as to how these NRAs are to be conducted, and those that have been published show great variation in terms of data used, analytical methods, and the depth of policy analysis. After expounding some of the concepts basic to any risk analysis, we analyze two of the more detailed published NRAs, from Italy and Switzerland. The Italian NRA, focused on domestic criminal threats, relies almost exclusively on expert opinion. Its most distinctive product is an analysis of the high-threat sectors and the need for specific kinds of policy interventions. The Swiss NRA, focused primarily on threats from other countries, presents far more quantitative data, almost exclusively from suspicious activity reports, to supplement expert opinion. Though both NRAs provide useful insights about money laundering risks, neither is conceptually clear; in particular, neither reflects contemporary practice in the use of expert opinion. Our critique is aimed at helping strengthen the next round of NRAs, and identifies lessons learned for all countries. Our recommendations include the use of risk assessment standards from other fields, the addition of a measure of uncertainty, and a more critical assessment by FATF in its NRA evaluations.

Knowledge, punitive attitudes and punitive gap: Finnish findings

Abstract: The aim of this study was to examine the empirical connections of three phenomena among the Finnish population: (1) the level of knowledge on the crime situation and the criminal justice system; (2) the general punitive attitude and (3) sentence decisions in certain concrete crime cases using vignettes. The same vignettes were shown to professional judges to study the punitive gap between laypeople and judges. The research subjects are a representative sample of the population (N = 1251) and district court judges (N = 192). The research resulted in four main findings: (1) a higher level of knowledge among laypeople mitigates their punitive attitudes, (2) information included in the case vignettes is associated with the sentence decisions of laypeople in different ways, depending on the characteristics of the case; punitive gap varies greatly, (3) level of knowledge is, in general, a poor predictor for the severity of the sentence decisions of laypeople and (4) the general punitive attitude is, at best, a weak predictor for the severity of sentence decisions of laypeople. In conclusion, laypeople’s decisions are probably affected partly by the same legal factors as the professional judges’ decisions and partly by attitudes that are expressly related to features of the cases in question.

Changes in European instruments as a reflection of a shift in legal philosophies relating to community sanctions and measures

Abstract: The number of persons under community sanctions and measures in the criminal justice system have grown rapidly in many European countries. In response to this phenomenon, the Council of Europe has issued several recommendations on community sanctions and measures in recent decades. The European Union has also published two framework decisions concerning community sanctions and measures that are legally binding on its member states. This article examines the shifts of the general legal philosophies of European instruments on community sanctions and measures, through a review of the subtle changes in the rhetoric of these. Results show that community sanctions and measures are increasingly promoted because of their inherent value, rather than simply because they provide the means to reduce the use of imprisonment. The European instruments assert interdependence between the two objectives of offender rehabilitation and public protection, consider the indicators related to both as the criteria for effective supervision, and understand community sanctions and measures as being not only efficiency oriented but also based on Europe’s human rights framework. However, a particular concern — risk management of dangerous offenders — leads to looser interpretations of some principles of human rights. To retain the European image of resisting punitiveness, this problem can be addressed by firmer and stricter interpretation of these principles.

Identifying Money Laundering Risk in the United Kingdom: Observations from National Risk Assessments and a Proposed Alternative Methodology

Abstract: Two National Risk Assessments (NRA) of money laundering (ML) have now been published in the United Kingdom (see HM Treasury 2015 and 2017). While both represent an attempt to identify the risks of ML, there are limitations in relation to the conceptual framework and the methodology used. This paper reviews the UK NRAs and considers whether revision of the methodology employed could help to both remedy these limitations and generate more robust findings. Drawing upon the findings of the UK strand of project Identifying and Assessing the Risk of Money Laundering in Europe (IARM), it outlines how a composite ML risk indicator was developed through analysis of threats and vulnerabilities across 43 police areas. The findings demonstrate that risks are highest in the City of London and the Metropolitan Police area, which is largely explained by the presence of organised crime groups, connections to risky jurisdictions and the cash intensity of businesses. Although the findings should be treated with caution, it is posited that this methodology could be used to help future NRAs develop a more robust framework to understand ML risk and ultimately develop more effective preventative strategies.

The Death Penalty for Foreign Drug Offenders in China: Legal Protection and Equal Treatment

Abstract: China has been under international pressure for the death sentences meted out to foreigners for drug-related offenses. Domestically, the sentencing of foreign offenders is perceived to be too lenient compared to that of the natives under similar circumstances. We discuss the due process protections in processing foreigners charged and convicted for capital drug offenses within the context of international law. Further, to empirically assess the sentencing of such cases, we use a sample of 192 cases including both offender groups to examine the role of citizenship status, case characteristics, and defense arguments on the outcome of either an immediate or suspended death sentence. Findings indicate that foreign offenders raise different defense arguments compared to that of native offenders; but citizenship status does not play a key role in the multivariate model; rather the number of defense arguments accepted by the court and the processing time help predict the sentencing outcome.

Evolution and Predictors of the Homicide Rate in Turkish Provinces: Evidence from Panel Data

Abstract: This study explores the evolution and predictors of the homicide rate in 81 Turkish provinces from 1997 to 2015. Using regression analysis, it is demonstrated that several socio-economic factors are significantly associated with the level of the homicide rate. Moreover, the effects of the socio-economic factors change when the breakdown of the homicide rate with respect to two key demographic factors, age and gender, are also incorporated into the analysis.

Do Flood Mitigation and Natural Habitat Protection Employment Reduce Youth Offending

Abstract: The present study examines the association between employment and offending for a sample of young offenders who are paid to work in a pilot programme known as the Skill Mill. First, we analyse a sample of 39 youths over a period of 10 years (40 quarters) to determine whether Skill Mill employed youth are more likely to desist from offending than a control group of youth who are not employed in the Skill Mill. Those youths employed by the Skill Mill committed 1.12 fewer offences per quarter than the control group (p < 0.001). In addition, offending rates among the Skill Mill youths decreased by 0.99 offences per quarter after they began work (p < 0.001). Next, we review results from semi-structured interviews with current Skill Mill employees and their supervisor that helps to unpack why the Skill Mill has been successful in promoting desistance. We conclude that programmes like the Skill Mill can mark an important turning point, and more specifically, a hook for change in the lives of young offenders.