Showing papers in "European Journal on Criminal Policy and Research in 2020"

Grand corruption and government change: an analysis of partisan favoritism in public procurement

Abstract: Incoming governments sometimes abuse their power to manipulate the allocation of government contracts so as to buy loyalty from cronies. While scandals suggest such practices are relatively widespread, the extent of such partisan favoritism is difficult to measure and the conditions under which it flourishes under-theorized. Drawing on theory regarding the role of institutions as constraints on corruption, we identify three spheres of political influence over government contracting and show how elites can manipulate two of those spheres to increase their opportunities to influence the procurement process and minimize external accountability, facilitating the corrupt allocation of contracts to partisan allies. Using an innovative big data methodology, we then identify the effects of a change in government on procurement markets in two countries, Hungary and the United Kingdom, which differ in terms of political influence over these institutions. We find that politically-favored companies secure 50–60% of the central government contracting market in Hungary but only 10% in the UK.

Reluctant Gangsters Revisited: The Evolution of Gangs from Postcodes to Profits

Abstract: The aim of the current study was to understand how gangs have changed in the past 10 years since Pitts’ (2008) study in the London Borough of Waltham Forest. The study undertook interviews with 21 practitioners working on gang-related issues and 10 young people affected by gangs or formerly embedded in them. Two focus groups involving 37 participants from key agencies then explored the preliminary findings and contributed to a conceptualization of a new operating model of gangs. The study found that local gangs had evolved into more organized and profit-oriented entities than a decade earlier. The new operating model rejected visible signs of gang membership as ‘bad for business’ because they attracted unwanted attention from law enforcement agencies. Faced with a saturated drugs market in London, gangs moved out to capture drugs markets in smaller UK towns in ‘county lines’ activities. This more business-oriented ethos has changed the meaning of both territory and violence. While gang members in the original study described an emotional connection with their postcode, territory is increasingly regarded as a marketplace to be protected. Similarly, violence has moved from an expressive means of reinforcing gang identity to being increasingly used as an instrumental means of protecting business interests. The current study offers a rare opportunity to gain a picture of gangs at two time periods and contributes to work on the contested nature of UK gangs and renewed interest in gang evolution. These findings have important implications for local authorities and criminal justice agencies who need to address the profit motive of gang activity directly.

The Dark Figure and the Cyber Fraud Rise in Europe: Evidence from Spain

Abstract: A reduction in property crime has been a central feature of criminological discussion in the last 25 years, and numerous studies have used police statistics to identify a drop throughout the Western world. However, fraud, which is included in a broad definition of property crime, has typically not been considered in the analysis. This study examines fraud in the Spanish and European context to further understanding of its nature, prevalence, evolution and role in the overall panorama of property crime. Furthermore, the present study explores the extent to which we are experiencing widespread fraud underreporting to police and the implications of this for crime control policy. To this end, the present paper analyses secondary data provided by the Spanish Ministry of Interior, Spanish and European central banking authorities as well as large-scale victimization surveys from a number of European countries. In contrast to other property crimes, the findings indicate that cyber fraud is rising and that reporting is considerably lower. Some of the main reasons for reporting or not reporting fraud victimization are also identified. The dark figure of fraud suggests the design and evaluation of policing and crime prevention policies based solely on police statistics may be inadequate.

Crime in an Affluent City: Spatial Patterns of Property Crime in Coral Gables, Florida

Abstract: This study investigates the spatial and temporal patterns of property crime at the census block level in the mid-sized, medium- to high-income city of Coral Gables, Florida, USA, between 2004 and 2016. Specifically, we analyzed residential and vehicular burglary. We used Emerging Hot Spot Analysis (EHSA) to locate and identify crime hot and cold spots over time. In order to understand the role that various sociodemographic variables play in predicting crime patterns, geographically weighted regression (GWR) was used to analyze the spatial clustering of crime, and commercial areas, renter percentage, median household income, and multifamily households. Our results revealed consistent hotspots for residential and vehicle burglary within the northeast area of the city, while vehicle burglary had hotspots along U.S. Route 1 (US-1)—a main road in Coral Gables—and around the University of Miami, with emerging hotspots within the northwest part of the city bordering lower-income areas. Hotspots were associated with structural factors within and around the city including more multifamily homes, higher poverty rates, more renters, and greater economic disadvantage in surrounding municipalities. Social disorganization and routine activity perspectives are supported as frameworks to understand crime patterns in this context. The findings suggest that policymakers should target specific locations using geospatial analyses to better address property crime.

Is There a Scam for Everyone? Psychologically Profiling Cyberscam Victims

Abstract: By studying the psychological profile of cyberscam victims, we may be able to develop more effective methods to reduce the rates of this type of cybercrime substantially. This paper examined which psychological and socio-demographic characteristics predicted cyberscam victimhood, in general, and across individual cyberscams (including, consumer, charity, investment, and romance scams). In line with the hypotheses, more impulsive and neurotic individuals were more likely to be scammed by cyberscams, in general. Contrary to the hypotheses, those who scored high on internal locus of control, men, and educated people were more likely to be tricked by cyberscams, in general. Some important differences between the types of cyberscams were also identified. Investment scam victims were more likely to be older, men, and score higher on internal locus of control compared with the other cyberscam victims. Consumer scam victims, in contrast to other scam victims, were more likely to be women and were less educated. The work here suggests that there is merit in systematically characterizing different types of cyberfrauds and examining, in detail, a typology of cyberscam victims by scam type. It suggests that a ‘one size fits all model’ to explain cyberscam victimhood is limiting.

Transformative Rehabilitation: Exploring Prisoners’ Experiences of the Community Based Health and First Aid Programme in Ireland

Abstract: Using an assisted desistance framework, this paper explores the lived experiences of 11 volunteers on the Community Based Health and First Aid programme, which operates in 14 prisons across Ireland and aims to enhance community health, hygiene awareness and first aid knowledge among prisoners through peer-to-peer education. The findings suggest that participation fostered a sense of agency among volunteers and facilitated the development of a new non-criminal self, centred on the ‘wounded healer’ identity. Additionally, participation appeared to deepen volunteers’ pro-social bonds with other prisoners, staff and families. The contribution of these findings to knowledge about desistance and desistance-focused practice is considered.

Disquieted by Online Hate: Negative Experiences of Finnish Adolescents and Young Adults

Abstract: Online hate is becoming a growing public concern, but so far, the phenomenon has not been studied from the perspective of fear of crime This study examined why some people are disquieted more by hateful online content than others The data consist of Finnish participants (n = 1726) between 15 and 30 years old The main analysis focused on participants who had seen online hate content during the past 3 months The feeling of being disturbed by this type of material is, in this article, operationalized with the concept of disquiet referring to a feeling of anxiety or uneasiness The findings, based on ordinary least-squares regression analysis (OLS), show that the intensity of such negative experiences was stronger for women, immigrants, and those who had faced previous online and offline victimization Risk-takers were less likely to be disquieted by online hate In addition, those worrying about becoming online hate victims were more disquieted by online hate than others The findings emphasize that online hate content may have a strong impact on those who are already in a vulnerable position Overall, the study supports the idea that online and offline worlds are not two separate realities but rather coexisting dimensions of one social sphere

A Systematic Review and Meta-analysis of Income Inequality and Crime in Europe: Do Places Matter?

Abstract: While previous synthesis research studies have found income inequality to be the most consistent predictor of crime at the cross-national level, recent comparative research studies in Europe have implied that the magnitudes of income inequality-crime association might be different in cross-national studies depending on sample composition. Employing a systematic review and meta-analysis, this study aimed to systematically estimate the strength and variability of income inequality-crime association in Europe across multiple published articles and to investigate the intervening role of regions in this relationship. Additional analyses were conducted to detect the regional differences within Europe using the official secondary data of 36 European countries. Income inequality in Europe had a small impact on crime (Mr = .171, k = 10), indicating that income inequality accounts for only 3% of the variance in crime outcomes. While the income inequality-crime association was significant in Eastern/Northern Europe, income inequality had little or no effect on crime in Western/Southern Europe. The small association between income inequality and crime in Europe may be due to the well-developed welfare system, which helps to buffer the adverse effects of being poor. This study’s findings highlight the importance of incorporating geographic characteristics into cross-national research using purposive sampling techniques.

Reducing Discretion in the Administration of Prison Leave: In Search of Legitimacy

Abstract: This paper explains the institution of prison leave in Spain. Firstly, I will briefly describe the regulations governing prison leave and provide data on its use in Spain. I will point out that although half the prison population benefits from a prison leave, a main problem is that it is granted at a very late stage of the sentence, and that immigrants have a very low probability of obtaing it. Secondly, I will explain the criteria used in order to determine if a leave is granted, the wide discretion that psychologists in particular enjoy, and why this procedure might be experienced by the prisoner as unfair. Thirdly, I will describe the mixed system that allows both Prison Boards and Judges to make decisions about leave and how this often produces confusing results for prisoners. For instance, a positive prison report being followed by a negative judicial response due to the wide discretion that judicial authorities also enjoy. Finally, I draw some tentative conclusions about how a lack of clear criteria and procedure in relation to prison leave might also affect legitimacy in prison.

Orienting the Development of Crime Analysis Processes in Police Organisations Covering the Digital Transformations of Fraud Mechanisms

Abstract: A significant, and likely dominant, proportion of fraud is now conducted online. Police struggle to integrate this emerging reality into their processes, while expectations of this institution are high. These types of cybercrimes alter the volume and complexity of problems compared to how they previously manifested and require profound transformations of crime analysis methods to address them proactively. These developments face many difficulties, such as the quality of accessible data, the lack of existing analytical models and the need to increase police knowledge of fraud mechanisms within every level of organisations. We suggest methods to overcome these obstacles, which consist of implementing an approach integrating theories from various fields in criminology and forensic intelligence to examine the digital transformations of certain criminal processes. We take, as an example, how a generic script expressing the anatomy of an existing type of fraud can be used to interpret their new digital forms. This modelling activity both provides new insight into specific frauds and highlights relevant dimensions that are useful in orienting the development of crime analysis systems.

Document Fraud: Will Your Identity Be Secure in the Twenty-first Century?

Abstract: Document fraud has been qualified by Europol as one of the major cross-cutting engines of organised crime. The use of fraudulent identity and travel documents has been linked to a broad spectrum of criminal activities, ranging from financial scams and trafficking in human beings to terrorism and beyond. Criminals have used counterfeit and forged documents since the emergence of official identity and travel documents in the Late Middle Ages. Since then, criminals have become more creative, adapting and evolving in response to technological advancements in document security. In this regard, despite the introduction of biometric documents, the promise of tamper-proof official documents remains a holy grail, and document fraud still has a future ahead in the twenty-first century. Based on scientific and law enforcement data and sources, this article presents the imaginative modus operandi used by defrauders to counterfeit and forge documents. Considering the point of view of criminologists, forensic scientists, law enforcement and forgers, this article provides insights and opinions about current trends and challenges as well as future prospects. Key issues are raised, such as the involvement of organised crime and criminal networks, as well as the use of the Internet to trade fraudulent identity and travel documents. Current and future methods to investigate and study document fraud are also outlined, and finally four main challenges are presented to provide guidance for future policy implications.

International Anti-Corruption Initiatives: a Classification of Policy Interventions

Abstract: In recent decades, the number of anti-corruption policies developed in the public sector increased considerably. However, existing attempts at classifying them do not fully address the complexity of corruption types, risk factors, and policy environments. Owing to a limited problem description, existing classifications do not always account for the full spectrum of potential policy tools, thus impeding the design, monitoring, and evaluation of anti-corruption interventions. By reviewing the main features of more than 30 international initiatives targeting administrative corruption, this paper aims at identifying the core elements for a comprehensive and actionable typology of anti-corruption policies. A content analysis of the existing international efforts highlights the importance of considering three main groups of variables for classifying anti-corruption initiatives: the type of gain involved in the corrupt conduct, the mechanism of intervention exploited by the policy, and the type of policy tool. The typology provides an interdisciplinary perspective on existing anti-corruption efforts, confronting well-known criminological distinctions with a detailed classification of policy instruments. The study also identifies the main features and limits of existing anti-corruption classifications and efforts, such as the predominance of the economic paradigm and the focus on the characteristics of developing countries for problematizing corruption.

The Eye of a Needle: Temporary Prison Leave in Ukraine

Abstract: Although temporary prison leave humanises custodial punishment, offsets its negative effects, and prepares prisoners for (re)integration into wider society, its use proves to be controversial and uneven across jurisdictions. Since the collapse of the USSR, the former Soviet countries have been pursuing different criminal justice policies, liberalising some penal practices whilst retaining many punitive Soviet legacies. Through analysis of the legal provisions regulating temporary prison leave and official statistics in Ukraine, I demonstrate the apparent strain between the official policies and practice. Whilst legally available, temporary leave for prisoners in closed prisons is almost never granted in this Eastern European country. I argue that for Ukraine to reconcile the official rhetoric of rehabilitation and social reintegration of offenders and actual implementation of penal policies, the country must reverse the underlying requirements governing temporary prison leave and expand its use.

Counterfeit goods fraud: an account of its financial management

Abstract: Counterfeit goods fraud is stated to be one of the fastest growing businesses in the world. Academic work examining the flows of counterfeit goods is beginning to build momentum. However, work analysing the financial mechanisms that enable the trade has been less forthcoming. This is despite the fact that over the last two decades official and media discourses have paid increasing attention to ‘organised crime’ finances in general. Based on an exploratory study that brought together academic researchers and law enforcement practitioners from the UK’s National Trading Standards, the aim of the current article is to offer an account of the financial management in the counterfeit goods trade. Focusing on tangible goods, the article addresses the ways in which capital is secured to allow counterfeiting businesses to be initiated and sustained, how entrepreneurs and customers settle payments, and how profits from the business are spent and invested. The study covers the UK in the broader context of what is a distinctly transnational trade.

Illicit Waste Trafficking and Loopholes in the European and Italian Legislation

Abstract: Evidence shows that waste crimes, principally trafficking, are facilitated by unclear regulatory frameworks. Indeed, lax legislation can unintentionally generate crime opportunities. The aim of this study is to combine criminological and legal knowledge to identify loopholes in the waste regulatory frameworks of the European Union and Italian government. A crime proofing analysis was conducted to identify vulnerabilities in the selected waste legislation. Results indicate the existence of three macrocategories of loopholes: the legal framework, the supply chain, and the justice response system. Policy implications involve the necessity to simplify the language in waste legislation, to create effective measures via which to improve the traceability of waste, and to provide law enforcement authorities with adequate training and technological resources to perform inspection activities. Given the transnational nature of illicit waste trafficking, international cooperation is integral for fighting this crime type.

Housing Ex-Offenders in the Netherlands: Balancing Neighbourhood Safety and Human Rights

Abstract: The Universal Declaration of Human Rights recognises stable housing as a prerequisite for an adequate standard of living. A home provides shelter and enables personal development, thus contributing to the individual’s well-being. Despite this, however, many struggle to find a place to live. In the Netherlands, people with a history of criminal or anti-social behaviour (‘ex-offenders’) are among those whose search for housing is most problematic. They are sometimes viewed as unreliable tenants or denied access to housing out of fear for recidivism. At the same time, Dutch local authorities—responsible for maintaining public order—may (aim to) prevent an ex-offender from (re) settling in their municipality. Recent legislation in the Netherlands furthermore allows local authorities to screen and exclude people from certain urban areas based on their past behaviour. How do Dutch private and administrative actors decide between ex-offenders’ housing rights on the one hand and other persons’ (feelings of) safety and public order on the other? And how do the laws and policies in the Netherlands concerning the housing of ex-offenders relate to the state’s human rights obligations? Using doctrinal legal research methods and applying a normative, human rights framework, this paper concludes that while there are no out-right violations of fundamental rights and freedoms, several approaches in the Netherlands do appear to be problematic and at odds with international obligations.

Exploring the ‘shadows’ in the implementation processes for national anti-fraud strategies at the local level: aims, ownership and impact

Abstract: This article studies the development and implementation of a nationally drafted strategy for fraud in local government in England. The purpose, relevant to other countries which also face (or evade) problems of policy outreach, is to consider what is required to achieve effective implementation through three broad aspects: aims, ownership, and impact. There is a particular focus on the assessment of the strategy implementation process and what mechanisms translate strategies into effective delivery or what other factors may subvert that delivery. The empirical research draws on the UK government’s 2006 policy review on fraud and the consequential changes between then and 2019, including a number of fraud strategies initiated by the United Kingdom central government. To review implementation in practice, it focuses on the 2011 local government strategy and uses a local-level case study to assess issues concerning aims, ownership, and impact, as well as the effect of other nationally determined policies and agendas. It concludes that without an ‘owned’ strategy implementation process as a whole, national strategies concerning the prevention and policing of fraud in England in the twenty-first century have had—and continue to have—modest impact on practice on the ground at the local level. We find it plausible that this is true elsewhere in the world, not only for crime control but also for other ‘change’ strategies in the public sector. However, testing that proposition is for researchers in other countries. Our aim here is to use this superficially parochial study to raise more universal questions about how policy designers (and academic researchers) need to take better account of circumstances on the ground, the management of strategy implementation and legitimacy, if their strategies are to be more than merely symbolic rhetoric.

French Prison Day Leave and the Rationale Behind It: Resocialisation or Prison Management?

Abstract: In France, prison leave (permission) is awarded to prisoners by a reentry judge (juge de l’application des peines, JAP) as part of a multi-agency commission, a process that takes place in prison and comprises the governor, prison and probation officers, and the prosecutor. Numerous rules govern this measure. This paper draws upon a number of previous research studies conducted by the author on the following topics: the legal theorisation of a sentence’s implementation (Author 1994 , 2017a); a quantitative-qualitative study of JAPs’ practices, hearings and rulings (Author 2014); and a mixed method study of a so-called swift release procedure (Author 2017b). Consequently, two series of issues are identified: The first issue pertains to the lack of due process principles governing the decision-making process. Prisoners who apply for permissions have no ‘voice’, according to Tyler’s (2012) definition of the term. The second issue is connected to the very rationale behind permissions. Before an Act of 26 March 2019, permissions were primarily concerned with ensuring that prisoners’ reentry process was prepared, that prisoners could complete the steps required to prepare for their release and that they could maintain contact with their loved ones and support systems. They also represented a form of test, used by JAPs to ensure that prisoners could be trusted in the outside world. In other words, they were focused on resettlement and rehabilitation. However, the 2019 Act transferred most of the decision-making process to prison governors. There is now a fear that because their main interest is on maintaining order, permission allocation will shift from an emphasis on reentry-rehabilitation to behavioural criteria and the local situation regarding overcrowding.

What is Measured Matters: The Value of Third Party Hate Crime Monitoring

Abstract: The appropriate recording of hate crime by state authorities (most usually by the police) has been recognized internationally as important to addressing hate crime. However, little scholarly attention has been paid to the role played by civil society in monitoring hate crime. This article will elaborate a range of purposes fulfilled by civil society organisations in collecting data on the extent and motivations of hate crime occurring in a given jurisdiction. Drawing on in-depth interviews with civil society organisations engaged in conducting third party monitoring of hate crime in one such jurisdiction, we will document the manner in which such monitoring systems (a) provide a means of reporting hate crime; (b) provide minority communities a means of reporting hate crime; (c) serve as a comparator to potentially unrepresentative official statistics where these are collected; (d) provide an evidence base for legislative change; and (e) provide a platform to affirm victims’ naming of their experiences as hate crimes. This internationally transferable taxonomy of the functions of civil society monitoring systems, is complemented by additional insights into the particular significance of such mechanisms in jurisdictions in which the construct of hate crime is not acknowledged in the justice system. On a critical note, the article will identify victim support as a natural extension of hate crime recording systems, noting that civil society organisations collecting data on hate crime in Ireland do not fulfil this remit. In summary, we argue for the value of civil society hate crime reporting systems as a source of challenge to otherwise hegemonic state constructions of jurisdictional hate crime. We advocate for international bodies to incorporate the financial support of civil society organisations into their monitoring functions on this basis.

Prison Leave in Romania and the Power of Street Level Bureaucrats

Abstract: The paper analyses the policy and legal framework around prison leave in Romania. Prison leave practice is also analysed based on interviews with prison staff. The paper explores the historical evolution of prison leave in Romania, covering both the use of leave as a reward and the application of discretion in awarding leave. In the first part, we will provide contextual information about prisons and prison regime in Romania. In the second part of the paper, we will introduce the rules and regulations relating to prison leave and will comment on these. The conclusion of this analysis is that the decision-making process continues to allow too much discretion in relation to prison leave, and this may create problems for procedural justice and legitimacy. Prison guards—those called to trigger the rewards procedure—enjoy vast amounts of unguided power, and the appeal mechanisms are sometimes informal or inaccessible for prisoners. The article calls for in-depth empirical research on this topic and puts forward a few recommendations intended to improve the policy regarding prison leave in Romania. The article further discusses a number of improvements which would make the practice of awarding prison leave more predictable and equitable for prisoners.

Tax audits as a path to tax compliance in Portugal

Abstract: Responsive regulation has a special role within compliance. It has been implemented by tax authorities through the adoption of regulatory pyramids that cover the general relationship between the tax authorities and taxpayers. Here, the effects of both the Kirchler slippery slope framework and the Braithwaitian compliance pyramid are explored to design an alternative strategy to maximise the likelihood of restitution by the offender during a tax investigation. This will result in a ‘diamond’ representation that extends the Australian Taxation Office (ATO) compliance pyramid approach, which is supported by Braithwaite. The Portuguese legal framework for tax inspections sets cooperation as a key element in the relationship between tax inspector and taxpayer, suggesting that it is consistent within a regulatory context. However, tax inspectors are still strongly viewed as a coercive authority and not as a partner in a collaborative interaction. Our practitioner model shows the different dynamics that are predicted for a tax investigation, starting from the tax inspector’s perception of the taxpayer’s motivational postures at different points of the tax investigation until a responsive regulation approach increases the hypothesis of redressment. We conclude that responsive regulation in a tax investigation context is best described by a ‘diamond’ representation to clearly show the different roles of the tax inspector, as an advisor or as an investigator. We suggest that the tax investigation diamond could be adopted as a regulatory strategy once it predicts a better chance of reaching a positive outcome of compliance/redressment in comparison with a negative outcome of persecution. This model is proposed as a theoretical starting point from which to construct experimental models that could be used as training tools for tax inspectors.

Structuring Discretion Among Belgium’s Prison Leave Decision-makers

Abstract: Prison leave decision-making remains largely unknown, operating as a black box in which applications enter and decisions come out, without knowing what happens in between. Prison leave decision-making in Belgium is no exception to this. After a prisoner submits an application for prison leave, the prison director has to provide a written opinion about it, which is then sent on to the Service for the Management of Imprisonment (SMI), which decides whether a prisoner should obtain prison leave. Five years after implementing the legislation, the Directorate General of Penitentiary Institutions mandated a national study of prison leave decision-making practices. The study showed that both key actors, prison directors and the SMI, used their own highly discretionary approach to decision-making. There was little transparency regarding the other actor’s approach, fuelling mutual misunderstanding and frustrations about the other actor’s decisions. Since then, attempts have been made to structure discretionary decision-making. In this article, we first outline the types of prison leave as they have come into existence since 2006. Next, key observations of the first national study are given, as they set the scene for what came afterwards. We then go on to reconstruct steps in an ongoing process of structuring discretionary decision-making. These have led to an increased proportion of prison leaves being granted, with more concordance in decision-making between prison directors and staff at the SMI. We conclude the article by linking the Belgian practice to wider debates about decision-making.

Exploring the impact of specially trained dogs on the court experiences of survivors of sexual offending in England and Wales: an exploratory case study

Abstract: The current research explored the impact of specially trained dogs on the experiences of survivors of sexual offending in an English and Welsh court environment. In total, five cases of survivors of sexual offences were provided with a specially trained dog during court proceedings. In each case, data were collected from several sources, including interviews, observations and various documentations. Using a thorough multiple case study design, data were analysed both within and across each case to identify any individual and thematic patterns. The within-case analysis found that the dog aided survivors in becoming calmer and less anxious. The across-case analysis indicated five reoccurring themes pertaining to the survivor: (1) Impact of court context, (2) Emotional impact of dog on survivors, (3) Physical impact of dog on survivors, (4) Change in anchoring due to presence of the dog, (5) The uniqueness of a dog as a companion. The findings also highlighted important considerations when utilising such services to support survivors at court. Overall, these results identified a large amount of benefits to not only the survivors, but also their families and other supporting individuals, providing the first global evaluation of such service for survivors of sexual offending which should aid in considering the introduction of this service internationally. It is thus recommended that the Criminal Justice System in England and Wales explores the use of this service further.

Prison Leave in Finland: Legal and Empirical Fundamentals of an Established Practice

Abstract: Prison leave was introduced into the Finnish legal system in 1971, with the aim to reduce negative effects of institutionalization and disadvantages caused by the length of the prison sentence. After the total reform of prison legislation in 2006, the role of the prison leave has become even more central; the number of prisoners has decreased, but the amount of prison leave has increased. Historically, the length of the sentence has been the most common ground for prison leave. A prisoner can be granted a prison leave when two thirds of the prison term has been served, for example, after 2 years if the length of the total sentence served in prison is 3 years. However, during the past 10 years, prison leave based on an important reason has grown into the most common type of prison leave. This indicates a structural change from the rigid legal rules to a more flexible practice. In 2018, there were about 17,000 prison leave applications, and over 13,000 of those were granted, i.e. 79%. The conditions were breached 466 times, which is 3.5% of all prison leaves. The most common breaches of prison leave conditions were returning from a prison leave after the set time limit or under the influence of alcohol or drugs. The majority of prison leave applications are decided in the prisons. On the other hand, for example, the decision on the prison leave of a life-sentenced prisoner is made by the Criminal Sanctions Agency. There have been significant differences in the probability of granting prison leave, which are emphasized especially in the practices of closed prisons. Among those prisoners who serve longer than 1 year in prison, the application rate of prison leave rises over 90%. For the sentences under 3 months, it is less than 20%.

A Critical Inquiry Into the Field of Multinational Research on Women’s Offending

Abstract: This paper provides a comprehensive and critical look at the current state of multinational research on women’s offending and scrutinizes how this knowledge has been derived. The importance of global research for theoretical advancement is discussed. Questions about the validity of official data estimates as proxies for women’s offending in cross-national research focus on the extent to which research findings are reflecting behavioural differences among the populations being studied or other exogenous factors, such as policing, policy and data collection. This paper carries on a tradition of inquiry into the data by presenting visual heuristics to facilitate easy interpretation of definitional differences in specified crime types across time and between country and by determining societal factors that correlate with the “dark figure of crime” when contrasting arrests and reported victimization across nations. The findings suggest cautious optimism for proceeding with rigorously compiled multinational official data sources to advance this important field of work.

Correction to: reducing discretion in the Administration of Prison Leave: in search of legitimacy

Abstract: The article Reducing Discretion in the Administration of Prison Leave: In Search of Legitimacy, written by Elena Larrauri, was originally published electronically in SpringerLink on 22 August 2019 without Open Access.

Breaking silos of legal and regulatory risks to outperform traditional compliance approaches

Abstract: The ever-evolving legal and regulatory landscape and resulting pressure on organizations to adapt and comply is just one of many factors that have turned compliance management into a crucial yet increasingly complicated activity. In recent years, numerous compliance challenges have been reported on and traditional approaches for managing legal and regulatory risks are increasingly being scrutinized. This paper provides an overview of the main challenges faced by commercial organizations and goes on to focus on what is referred to as a holistic, integrated approach to managing compliance. It explores the key characteristics and suggested benefits of the approach, as well as some factual and more substantive arguments in support of its claims and underlying logic. Borrowing from criminological theory, it further argues that despite the potential benefits of a holistic view of compliance, there equally remains room for caution.

The Local Provision of Restorative Justice in Scotland: an Exploratory Empirical Study

Abstract: This article presents the results of the first empirical qualitative research on the provision of restorative justice (RJ) in Scotland, based on interviews with 14 practitioners. In Scotland, RJ has attracted the attention of penal reformers and practitioners since the late 1980s, offering an alternative to criminal justice practices based on retribution and/or rehabilitation whilst promising to reduce reoffending and heal people harmed by crime. In 2017, the Scottish Government has fully recognized the existence of RJ by issuing the first national ‘Guidance’ for the delivery of this process, followed by an ambitious ‘Action Plan’. In spite of such a long-lasting interest and recent policy recognition, there is a lack of knowledge regarding the organization and actual delivery of RJ in Scotland. In fact, research on this subject is scant, anecdotal and dated. This article addresses this knowledge gap by presenting original data on the provision of RJ within Scottish local authorities. The findings show similar understandings of RJ, context-specific organizational models and common systemic challenges characterizing RJ providers, generating evidence to critically assess recent Scottish policy on RJ, whilst drawing implications with relevance for the development of RJ across Europe.

Conceptualising Violence in Close Relationships : Discrepancies Between Police Conceptions and the Letter of the Law in Finland

Abstract: The focus in this Finland-based study is on violence in close relationships—a term that partly overlaps with the more commonly used ‘domestic violence’, ‘family violence’ and ‘intimate partner violence’. We demonstrate how police officers’ conceptualisations of such violence differ from how it is defined in relevant legal documents. The data consists of the Government Bill and legal text on the subject issued as part of a legal reform enacted in 2010, and of a qualitative sample of freelist responses from 79 police officers. We examined both sets of data using theory-driven directed content analysis and deriving from prevailing theoretical frameworks reflecting the family- and gender-based perspectives on violence. The results expose the predominance of a narrow definition of ‘family’ in police understandings of close relationships, but also a notably broad spectrum of conceptualisations of both physical and non-physical forms of violence. In contrast, the legal definition of a close relationship is broader and encompasses multiple types of relationships, whereas forms of violence are more strictly defined. These findings could explain some of the discrepancies between legal policies on violence in close relationships and police responses to it.