Showing papers in "International Journal of Law Crime and Justice in 2014"
TL;DR: In this paper, the authors discuss the opportunity to differentiate four different criminological types of organized crime in Italy by drawing on a subset of case studies and interviews to law enforcement officers and experts collected for two on-going research projects.
Abstract: This paper discusses the opportunity to differentiate four different criminological types of organised crime in Italy by drawing on a subset of case studies and interviews to law enforcement officers and experts collected for two on-going research projects. We hypothesise that, since these types exploit different social opportunity structures for their criminal activities, they have different capacities of adaptation and react differently when confronted with different kinds of innovations and changes. We test these four types against two significant phenomena that have been deeply impacting Italian society, among others, recently: the commercialization of the Internet and the economic and financial crisis that has hit Europe since late 2008. We conclude that these types offer a valid help to guide our understanding of what organised crime is today in Italy, as well as to assess the capacity of the existing legal framework to properly face all them. These criminological types could also serve as lenses to filter the different experiences of organised crime in other European countries, thus facilitating comparative research.
42 citations
TL;DR: An analysis includes a mapping of applicable legislative provisions at the European and national level, an analysis of the Terms of Service of the largest social networking provider, Facebook, and an overview and assessment of self-regulatory initiatives that have been taken by the industry in this area in Europe.
Abstract: The availability and use of social networking sites creates both opportunities and risks for their young users. This article evaluates the applicability of the current legal framework to (cyber)bullying and sexting, two types of (potentially harmful) behaviour that are increasingly occurring between peers in the social networking environment. The analysis includes a mapping of applicable legislative provisions at the European and national level, an analysis of the Terms of Service of the largest social networking provider, Facebook, and an overview and assessment of self-regulatory initiatives that have been taken by the industry in this area in Europe. The ultimate goal is to identify a number of elements for a comprehensive strategy to ensure that risks of (cyber)bullying and sexting are dealt with in a manner that empowers young users.
30 citations
TL;DR: In this paper, the authors describe the structural changes to policing that have occurred in both the Netherlands and Scotland during 2013, focusing on the spatial re-organization of policing and the structure of police governance and accountability.
Abstract: During 2013 the national governments of both the Netherlands and Scotland have introduced radical reforms which have replaced largely autonomous regional police forces with a national police service. Despite these structural similarities, however, there are important differences in the underlying processes which have shaped these reforms and the broader narratives about policing which have informed public and policy discourses. The purpose of this paper is to understand the underlying dynamics of these police reforms. Following an overview of concepts drawn from the public policy literature regarding policy change, the paper describes in detail the structural changes to policing that have occurred in both countries. These structural changes relate not just to the spatial re-organization of policing but also to the structure of police governance and accountability. The focus then shifts to disentangling key aspects of the decision-making processes which led to the reforms drawing on Kingdon's analysis of policy change and policy formation. The paper concludes with a broader discussion of the similarities and differences in police reform in the two countries, highlighting important issues regarding the significance of political context, debates around localism and policing, and narratives regarding a normative vision of the police role.
23 citations
TL;DR: In this article, the authors used a structural equation modeling approach to examine expressive and instrumental models of confidence in the police among South Koreans, and found that the expressive perspective (i.e., perceptions of local disorder, informal social control, and social cohesion) was more important than the instrumental perspective in explaining confidence in police among Koreans.
Abstract: The legitimacy of police authority has often been questioned due to a relatively low level of public confidence in the police in South Korea. Instrumental and expressive perspectives provide competing explanations of the determinants of public confidence in the police. Empirical studies comparing these competing perspectives are thus far limited to British and US studies. To fill this void, this study used a structural equation modeling approach to examine expressive and instrumental models of confidence in the police among South Koreans. Analyses of data from the Korean National Crime Victimization Survey revealed that both models were empirically supported. However, the expressive perspective (i.e., perceptions of local disorder, informal social control, and social cohesion) was more important than the instrumental perspective (i.e., worries about crime) in explaining confidence in the police among Koreans. The implications for research and policy are discussed based on the findings.
22 citations
TL;DR: This paper examined the correlations between work situation, treatment styles and perceived prison conditions by means of a multilevel linear regression and found that a good work situation for prison staff is a precondition for practicing an active approach to inmates.
Abstract: In the Dutch prison system, motivational treatment is seen as one of the key contributors to a dignified and humane prison climate, stimulating inmates to assume personal responsibility and to change their lives. Staff are seen as the crucial factor to attaining this goal. The assumption is that the staff’s work situation has an impact on how inmates are treated. How inmates are treated in turn influences how they perceive prison conditions. In this study, we will examine the correlations between work situation, treatment styles and perceived prison conditions by means of a multilevel linear regression. The results show that a good work situation for prison staff is a precondition for practicing an active approach to inmates. In addition, inmates are more satisfied with the prison conditions if the various treatment styles are thoroughly applied. A balance between providing support and structure for inmates appears to be very important. Motivational treatment proves to be significantly correlated to the inmates’ satisfaction regarding prison conditions.
21 citations
TL;DR: In this article, the authors examined the differences in sentence length for white-collar occupational and corporate offenders from street crime offenses and identified which factors eventually could explain such differences, and discussed whether the difference in length of the sentence could be explained by the fact that occupational crime is committed for the criminals' own purposes or enrichment.
Abstract: Research carried out previously, aimed at examining differences in the length of the sentencing and type of offence, have typically compared white collar and street criminality. The main aim of the current study is to examine the differences in sentence length for white collar occupational and corporate offenders from street crime offenses and to identify which factors eventually could explain such differences. The crime amount was smaller in occupational convictions despite the fact that the average crime amount was significantly less in this group compared to the crime amount among corporate criminals. Socioeconomic status and company size were not found to be associated with the length of the sentence. We discuss whether the difference in length of the sentence could be explained by the fact that occupational crime is committed for the criminals' own purposes or enrichment, while this is often not the case among corporate criminals.
16 citations
TL;DR: In this article, the challenges and opportunities for the use of private prosecutions for fraud are considered and recommendations are made on the changes needed before there could be significant developments in private prosecutions.
Abstract: This paper considers the challenges and opportunities that exist in England and Wales for the use of private prosecutions for Fraud. It considers the need for sanctions against fraudsters: looks at the prosecution landscape as it has evolved, especially during the 21st century: considers the legal basis for private prosecution and gives a brief history of its extent. The advantages and disadvantages associated with private prosecution are considered and recommendations made on the changes needed before there could be significant developments in the use of private prosecutions.
16 citations
TL;DR: In this article, the case law of English, Welsh and Scottish courts, along with Italian and Belgian courts, is examined, and it is shown how courts can safeguard the individual's rights and freedoms against (illegitimate) penalisation of conduct that is deemed anti-social or uncivil at the local level.
Abstract: In recent years, the legislators in the UK, Italy and Belgium have progressively empowered local authorities to subject sometimes already criminalised and harmful, but also some relatively harmless uncivil conduct to intrusive and punitive measures deeply affecting individuals' rights. However, judicial action in these three countries has been recently trying to restrain the (illegitimate) use of penalising powers of local authorities by delivering interesting liberty-safeguarding decisions. This paper firstly describes the (expanded) regulation of incivilities in the three aforesaid European countries. Secondly, it focuses on two criteria that inform judicial review of legislative and administrative action, namely the principle of legality and the principle of proportionality. Thirdly, it examines the case law of English, Welsh and Scottish courts, along with Italian and Belgian courts, and shows how courts can safeguard the individual's rights and freedoms against (illegitimate) penalisation of conduct that is deemed anti-social or uncivil at the local level.
14 citations
TL;DR: In this article, the authors examined three conceptual models of social cohesion (collective efficacy, sense of belonging and feeling of morale) that are designed to explain the residents' victimization in Malaysia.
Abstract: The ecological theories linking neighborhood characteristics to victimization have rarely been tested in Asia. This article examines three conceptual models of social cohesion (collective efficacy, sense of belonging and feeling of morale) that are designed to explain the residents' victimization in Malaysia. This study focuses on the effects of social cohesion on crime using a sample of 294 ethnically diverse residents living in a high-crime neighborhood. The study shows the relevance of all three conceptual models in predicting victimization for both males and females. The findings indicate that a greater sense of belonging and feeling of morale among the neighborhood residents is significantly associated with lower levels of victimization. Contrary to the literature, the collective efficacy measure was associated with higher reported victimization. Our model also links social cohesion measures to neighborhood racial heterogeneity, a finding that adds knowledge to the study of ethnic diversity and crime–community relationships.
14 citations
TL;DR: In this paper, the authors explore the common modus operandi used by fraudsters in LC transactions and highlight the various actions taken by banks when dealing with forged LC documents and fraudulent goods.
Abstract: This paper explores the issue of fraud in letter of credit (LC) transactions in Malaysia. We explore the common modus operandi used by fraudsters in LC transactions and highlight the various actions taken by banks when dealing with forged LC documents and fraudulent goods. We find that although the phenomenon of fraud in LC arrangements in Malaysia is marginal, banks have indeed experienced fraud in LC dealings. Banks actions are firmly guided by the Uniform Customs and Practice (UCP) for Documentary Credits, which clearly affirms that banks must honour payment to the seller upon full compliance of the LC requirements. Findings reveal that banks adhere to the UCP guidelines despite being presented with falsified documents that cannot be fully proven or even when there is a possibility that substandard goods are being transacted. Finally, recommendations on how banks can mitigate these problems are offered.
12 citations
TL;DR: In this article, the authors discuss challenges to achieving justice for slave descendents in Mauritius 177 years after the abolition of slavery and argue that the greater participation of civil society is required in decisions regarding reparations and that such decisions need to be grounded in contemporary and democratic approaches to achieving Justice and the protection of human rights.
Abstract: This article discusses challenges to achieving justice for slave descendents in Mauritius 177 years after the abolition of slavery. It reflects on the 2009 institution of a Truth and Justice Commission (TJC) in Mauritius to investigate the legacies of slavery and indentured labour. It is argued that time, the ethnic and cultural complexity of Mauritius as well as the TJC itself makes it difficult for Mauritians to achieve restorative justice for slave descendents. Reviewing transitional and restorative justice, the article argues that the Mauritius case study is potentially useful to reflections on the issue of social justice for ancient atrocities and for reflections on the challenges of reparations in complex and democratic societies. It concludes that the greater participation of civil society is required in decisions regarding reparations and that such decisions need to be grounded in contemporary and democratic approaches to achieving justice and the protection of human rights.
TL;DR: Goto et al. as mentioned in this paper studied the impact of Saiban-in-seido on the role of lay persons as legal decision makers in Japanese criminal trials and found that victims of crime can participate in significant ways in criminal trials.
Abstract: The introduction of new lay participation systems such as those in Japan has much to teach scholars of lay adjudication. The Japanese experience with lay participation can offer fresh scientific insights into the role of lay persons as legal decision makers. Many other jury and mixed tribunal systems are generations or even centuries old, making it difficult to identify their effects. Because Saiban-in seido is a new system with unique characteristics, its immediate and long-term effects can be studied. One important new feature of the Saiban-in seido system is that victims of crime can participate in significant ways in criminal trials (Goto, 2013; Saeki, 2010). Therefore, studying the impact of Saiban-in seido has the potential to add to our knowledge about the best methods for incorporating lay decision makers as well as to provide
TL;DR: Wang et al. as discussed by the authors demonstrate that the passive coping strategies utilized among Chinese police, prosecutors and judges could partly account for the high rates of prosecution and conviction in China, and discuss the pros and cons of the use of passive coping strategy in the decisions to prosecute and convict, and offer some legislative recommendations.
Abstract: This article demonstrates that the passive coping strategies utilized among Chinese police, prosecutors and judges could partly account for the high rates of prosecution and conviction in China. Passive coping strategies are defined as inactive tactics employed to avoid disagreements and conflicts among people or institutions. After a brief introduction, a review of the relevant statistic rates is offered, which indicates that both the prosecution and conviction rates remain persistently high. Next, an outline and evaluation of the formal intra-institutional relationships between the criminal authorities are offered. After that, a detailed account of the application of case dismissal tactics, a type of passive coping strategy, to the legal decision-making process is demonstrated. Finally, this article concludes with a discussion of the pros and cons of the use of passive coping strategies in the decisions to prosecute and convict, and offers some legislative recommendations.
TL;DR: The International Society for Criminology held its 16th World Congress in Kobe, Japan, in August 2011, and Setsuo Miyazawa organized an open symposium "Citizen Participation in Criminal Trials: The Saiban-in System and Victim Participation in International Perspectives" as mentioned in this paper.
Abstract: The International Society for Criminology held its 16th World Congress in Kobe, Japan, in August 2011. Setsuo Miyazawa organized an open symposium “Citizen Participation in Criminal Trials: The Saiban-in System and Victim Participation in International Perspectives.” Scholars from Japan, United States, Germany, and South Korea, as well as a Japanese journalist presented papers. This mini-symposium issue publishes papers by Japanese, US, and South Korean scholars, and this introduction provides background of the symposium, including outlines of the saiban-in (lay judge) system and the victim participation system, as well as the text of the presentations by the German scholar and the Japanese journalist in appendixes.
TL;DR: In this article, the authors compared the views of 2012 final year undergraduate law students with the answers the same cohort gave in 2010, when starting their studies, and with final year law students 2010.
Abstract: Law students prepare for a legal career and it is therefore of general interest, how much trust they have in the police and the courts. Their views may be influenced by their studies, media consumption, direct experience and other factors. In a previous study it appears as if law students are becoming more critical over the course of their studies. This explorative questionnaire study compares the views of 2012 final year undergraduate law students with the answers the same cohort gave in 2010, when starting their studies, and with final year law students 2010. Contrary to our expectation, the final year law students of 2012 showed more trust in courts and police than their predecessors 2010. The data suggest that the study of law, personal experiences and those of family and friends, as well as media effects are among the factors forming trust in the institutions.
TL;DR: In this article, an exploratory study examines the practices of Coroners in one region of England and Wales in the management of the homicide-suicide inquest and reveals that Coroner have well developed abilities in recognizing the needs of bereaved family members and a range of techniques in responding to these.
Abstract: This exploratory study examines the practices of Coroners in one region of England and Wales in the management of the homicide-suicide inquest. It reveals that Coroners have well developed abilities in recognizing the needs of bereaved family members and a range of techniques in responding to these. The study shows that Coroners are skilled in managing the intersecting and yet sometimes opposing agendas that are present at an inquest, where a group of both lay and professional people come together to answer the question of how an individual (or individuals) has met their death. First and foremost judges who are legally trained, most Coroners nonetheless show considerable awareness of the issues faced by the bereaved families who come before them, and together with a range of their own staff and members of other agencies, put in place a range of supports to assist family members to cope with the inquest.
TL;DR: The authors investigated the practice of Korean news media under Japanese colonial rule, developing the concept of verbal caricature and found that the indigenous media create outrageous verbal images of collaborators: sinners, pawns, and criminals.
Abstract: Under foreign rule, indigenous collaborators pose a serious challenge that betrays the trust and faith of their compatriots with whom they have long shared experiences. This being the case, the question arises concerning how the occupied define “betrayal” and execute their sense of morality and justice against those considered as switching allegiance from being their fellow nationals to being considered as outsiders. For this analysis, I investigate the practice of the Korean news media under Japanese colonial rule, developing the concept of verbal caricature. I find that the indigenous media create outrageous verbal images of collaborators: (1) sinners, (2) pawns, and (3) criminals. By exploring the media's social justice under political constraint, this project contributes to the accumulation of knowledge on the unique practices of deviance-making, prompting a dialog between the two isolated research realms – social deviance and foreign occupation.
TL;DR: In this article, the authors explored the primary determinants of internal judicial independence in three Latin American countries: Chile, Peru, and Ecuador, and found that judges' autonomy from politicians does not follow the same path as the lower-court judges' independence from their hierarchical superiors.
Abstract: This article explores the primary determinants of internal judicial independence in three Latin American countries. Considering the relative absence of research focused on this dimension of judicial life, this article is innovative in demonstrating how it is affected by two variables: the quality of judges' training and respect for their judicial careers as criteria for promotions or transfers. While these variables explain why some countries enjoy greater internal judicial independence than others, this article also shows – contrary to popular wisdom – that judicial activism does not have a strong influence on internal judicial independence. Conducting a comparison of the courts in Chile, Peru, and Ecuador using surveys and semi-structured interviews, this study also shows that judges' autonomy from politicians does not necessarily follow the same path as the lower-court judges' independence from their hierarchical superiors.
TL;DR: In this paper, the authors have explained the acts described as crimes by considering them within the framework of criminal law, and only crimes have been excluded and only misdemeanors have been examined.
Abstract: Turkey's forests are under supervision and control of the state. The applicable Forestry Law decides which acts would be considered as forest offences and the punishment for them. In the study, the acts described as crimes have been explained by considering them within the framework of criminal law. Misdemeanors have been excluded and only crimes have been examined. Major forest offences have tried to be explained through statistical data and information related to perpetrators of the crime; the trial period and court judgments have been presented as a result of file observations in Istanbul. It has been observed that the increase in forest offences in Turkey changes depending on the country's economic structure and the changes in legislation. These offences have also been found to be in decline as of late. It can be stated that adjudications have been concluded more immediately. However, there are still doubts about the penalties' not being deterrent enough.
TL;DR: Dear Author, Please check your proof carefully and mark all corrections at the appropriate place in the proof (e.g., by using on-screen annotation in the PDF file) or compile them in a separate list.
Abstract: Dear Author, Please check your proof carefully and mark all corrections at the appropriate place in the proof (e.g., by using on-screen annotation in the PDF file) or compile them in a separate list. Note: if you opt to annotate the file with software other than Adobe Reader then please also highlight the appropriate place in the PDF file. To ensure fast publication of your paper please return your corrections within 48 hours. For correction or revision of any artwork, please consult http://www.elsevier.com/artworkinstructions. Any queries or remarks that have arisen during the processing of your manuscript are listed below and highlighted by flags in the proof. Location in article Query / Remark: Click on the Q link to find the query’s location in text Please insert your reply or correction at the corresponding line in the proof Q1 Please confirm that given names and surnames have been identified correctly.
TL;DR: Kim et al. as discussed by the authors identified factors affecting citizens' likelihood of hiring private investigators (PI) for resolving their criminal and/or civil matters, including demographics, desire for personalized justice, attitudes toward PI's investigation, fear of crime, and attitudes toward public police.
Abstract: The aim of this study is to identify factors affecting citizens' likelihood of hiring private investigators (PI) for resolving their criminal and/or civil matters. Limited research has been conducted to investigate factors relevant to private investigators, but none of prior studies have studied citizens' characteristics and attitudes toward police and PI in this regard. To fill the void of the literature, this study utilized data collected from 225 Korean citizens. Factors examined include citizens' demographics, desire for personalized justice, attitudes toward PI's investigation, fear of crime, and attitudes toward public police. Findings indicate that citizens' desire for personalized justice was the most significant factor affecting likelihood of hiring PI for different types of cases. Results of the finding also showed that citizen's satisfaction with police work was negatively related with likelihood of hiring PIs for their criminal and/or civil cases. Based on results, policy implications for law enforcement were discussed.
TL;DR: Lee et al. as mentioned in this paper proposed a new system of civil participation in criminal trials based on the evaluation of the current system by the Committee on Civil Judicial Participation, which was comprised of members from the judiciary, the academia, and civil organizations.
Abstract: As citizen participation in criminal trials was first introduced in 2008, it is advisable to keep the present form of an all-citizen jury system rather than introduce or adopt aspects of the Continental mixed tribunal system because the former system makes the best use of the meaning of Article 1 of the Act of Citizen Participation in Criminal Trials in Korea. Though previously professional judges participated in the deliberation process, under the current system, the new procedure should allow only jurors to engage in deliberations and render verdicts, with sentencing still left to professional judges. The new law should also eliminate a consent agreement required for a defendant in jury trial, thereby making jury trial mandatory for certain classes of heinous crimes like murder or even political crimes; juvenile cases, however, may still be excluded from jury trial. In addition, the exclusion right of the court should also be recognized, but the current comprehensive rule (Article 9 (1) (3)) should be eliminated. It is necessary for the jury verdict to have legal binding force such that the prosecutor cannot appeal the acquittal if the verdict was decided unanimously. Lastly, as for the use of victim participation programs, it is enough to simply allow victims to make statements as witness. This year, on March 6, 2013, the revised system of civil participation in criminal trials has been ready based on the evaluation of the current system by the Committee on Civil Judicial Participation, which was comprised of members from the judiciary, the academia, and civil organizations. The new amendment will be submitted to the National Assembly within this year.
TL;DR: In this article, the authors compared rates of violent conviction in 917 native and 657 foreign national male offenders, and explored differences in risk factors for violence between groups using logistic regression, receiver operating characteristic (ROC) curve analysis, and positive and negative predictive values (PPV and NPV, respectively).
Abstract: Although the foreign national population in Spanish prisons has doubled during the past decade from 22% to 44%, few studies have investigated the contribution of foreign nationals to criminality and their risk profiles compared to natives. The present paper compared rates of violent conviction in 917 native and 657 foreign national male offenders, and explored differences in risk factors for violence between groups using logistic regression, receiver operating characteristic (ROC) curve analysis, and positive and negative predictive values (PPV and NPV, respectively). Natives and foreign nationals showed no significant differences in the rate of violent conviction (19.6% vs. 17.2%, respectively). However, when multivariate models were developed to predict violence in the samples using logistic regression, between-group differences in the risk profiles of violent and non-violent offenders were found. Implications of the findings for research, public policy and risk management were explored.
TL;DR: Wang et al. as discussed by the authors examined the iron triangle of the gong jian fa (police, prosecutors and courts) in China, based on Chinese lessons from high-profile wrongful convictions in capital cases.
Abstract: This article examines the iron triangle of the gong jian fa (police, prosecutors and courts) in China, based on Chinese lessons from high-profile wrongful convictions in capital cases. It argues that the iron triangle acts as both an administrative and a political control on such cases, behind which lies overly close cooperation between the three state institutions. This cooperation often results from coordination by local political-legal committees (PLCs). Under this institutional environment, the police, prosecutors and courts have to work together and cooperate with combating crime, without necessary restricts to ensure criminal justice even in capital cases. Responding to repeated occurrences of such typical injustices, China has promoted several waves of justice reforms to prevent and reduce wrongful convictions over the last ten years, but has failed to make substantive progress without effectively addressing the iron triangle. This continued failure calls for a holistic approach to future systemic reform. Particularly, specific measures are required to enhance judicial independence and to reduce intervention from local PLCs during the handling of individual cases. Such reforms would greatly reduce the risk of wrongful convictions in capital cases.
TL;DR: In this article, the authors investigate the reasons upon which challenges were made to fingerprint comparison evidence in the courts, as well as the position that was taken by the courts and consider the fundamental test for the admission of expert evidence, and whether the critique pointed out by the defendants in the cases with regard to reliability are sufficiently penetrating to warrant the exclusion of fingerprint comparisons.
Abstract: The decision in Daubert v Merrell Dow Pharmaceuticals 509 US 579 (1993) brought about renewed attention to and scrutiny of fingerprint comparison evidence in the United States of America. In terms of the decision courts were to act as the gatekeepers with respect to the admissibility of scientific expert evidence. This article describes these events and investigates the grounds upon which challenges were made to fingerprint comparison evidence in the courts, as well as the position that was taken by the courts. The article also considers the fundamental test for the admission of expert evidence, and whether the critique pointed out by the defendants in the cases with regard to reliability are sufficiently penetrating to warrant the exclusion of fingerprint comparison evidence.