Assessing and Explaining the Resurgence of China's Criminal Underworld

Based upon collected crime statistics, this paper provides a sketch of China's criminal underworld during the past two decades and a quantitative assessment of its current state. Through examining the organised criminal groups, it also assesses the hardcore of China's criminal underworld — the mafia-style criminal syndicates and their greater base — the underworld society. It argues that a challenge from the criminal underworld has increasingly posed a serious threat to Chinese society. It also provides explanations for the recent resurgence of the criminal underworld in China through a perspective of political science — placing emphasis on the state-failure factors.     

Unintended consequences: changes in organised drug supply in the UK

Social and institutional alarm around crime and violence within South-Asian communities in the UK has grown substantially over the last 10 years. Whether based on imagined threats and moral panics or on realistic observation of facts, such alarm focuses on drug use, related property crime, gang violence, and ultimately on new forms of organised criminality emerging among Pakistanis, Indians or Sri Lankans. This paper sets the scene by examining this imaginary or realistic alarm, to then offer an overview of studies around South Asian drug use and crime. Subsequently, it presents a number of organised crime models which have taken shape within the communities under examination. Finally, it looks at more recent developments, namely at the changes in organised drug supply determined by specific law enforcement choices and by the general political climate in which such choices are made. The case discussed in this paper shows how the features of illicit markets and the characteristics of the criminal enterprises operating in them may be the unintended consequences of specific social and institutional responses to social problems.     

Networks of organised black market labour in the building trade

The building industry is a sector characterised by a large number of opportunities to commit economic crime. In Sweden, the level of tax avoidance in the building trade is estimated to be substantial, and the use of black market labour extensive. This article focuses on the organised use of black market labour in the building industry, which may be described as a form of both economic and organised crime. To date only a very small number of criminological studies have examined the use of black market labour in this sector of the economy. The article focuses on two of the central roles found in the context of organised, black market labour: the “fixer” and the “criminal entrepreneur”. The fixer is an individual with expertise in the methods of economic crime. The criminal entrepreneur acts first and foremost as a link between a client and the manpower required by this client. In this paper, fixers and criminal entrepreneurs are studied on the basis of data from the Swedish Register of Suspected Offenders. The analysis shows that the networks of fixers and criminal entrepreneurs overlap one another to some extent. There are nonetheless a number of differences between the two groups and also between their respective networks. The networks of the fixers are larger than those of the criminal entrepreneurs, and the individuals that comprise the fixers’ networks are suspected in connection with much larger numbers of offences. The fixers more often commit offences together with others and also have larger numbers of suspected co-offenders than the criminal entrepreneurs. On the other hand, the criminal entrepreneurs are suspected of having maintained their ties to suspected co-offenders for longer periods of time than the fixers. The fixers appear to specialise in fraud and forgery offences, whereas motoring offences, smuggling and drug offences are more common among the criminal entrepreneurs. The networks are highly male-dominated and on balance they are comprised of much older individuals than those of traditional offenders. Many of the fixers and criminal entrepreneurs are suspected of committing offences with the same co-offender for a long period of time. Further out in the networks, co-offenders are replaced more often. Tax offences are very common in both types of network, both in those parts of the network that are close to the fixers and criminal entrepreneurs, and also in more distant parts of the networks. In the more distant parts of the networks, there is also an increase in the proportion of offences that individual network members are suspected of committing. Judging from the material examined in the current study, violent offences do not appear to be very common among either fixers or criminal entrepreneurs. The networks examined are largely comprised of individuals suspected of economic offences. These individuals are linked together with one another by means of direct and indirect contacts that produce semi-legal networks of individuals with knowledge of organised black market labour.

Evaluating the Cost of Organised Crime from a Comparative Perspective

Whilst any estimation of crime costs is a challenge even at a national level and in respect to crimes not particularly problematic from the definitional viewpoint, like volume crimes, the task is much harder when one has to deal with the harm caused by organised crime, especially from a comparative perspective. First, notwithstanding many international acts and studies, the term ‘organised crime’ is still one of those most debated and blurred in criminology. To complicate matters further, any cross-country assessment encounters such a wide variety of national differences (cultural, in the definition of offences, and in crime data collection systems) that the results are hardly comparable. Though extremely difficult, discussing the topic makes a great deal of sense today, and especially within the European Union, because there is strong demand for sound knowledge on the most harmful activities perpetrated by organised criminal groups and where these are localised. Considering the increasing importance attached to the issue, this article critically discusses existing attempts to measure organised crime harm from a comparative perspective, highlighting their strengths and weaknesses. It first reviews harm assessment models developed to date at the international level, and mainly consisting of surveys. It then presents a different approach to the subject, one more centered on official statistics and which has recently resulted in the development of a methodology in the context of a EU-funded study entitled IKOC (Improving Knowledge on Organised Crime to develop a common European approach).     

Models of South-East Asian Organised Crime Drug Operations in Queensland

In 2002, the United Nations Office on Drugs and Crime (UNODC) issued a report entitled Results of a pilot survey of forty selected organized criminal groups in sixteen countries which established five models of organised crime. This paper reviews these and other common organised crime models and drug trafficking models, and applies them to cases of South East Asian drug trafficking in the Australian state of Queensland. The study tests the following hypotheses: (1) South-East Asian drug trafficking groups in Queensland will operate within a criminal network or core group; (2) Wholesale drug distributors in Queensland will not fit consistently under any particular UN organised crime model; and (3) Street dealers will have no organisational structure. The study concluded that drug trafficking or importation closely resembles a criminal network or core group structure. Wholesale dealers did not fit consistently into any UN organised crime model. Street dealers had no organisational structure as an organisational structure is typically found in mid- to high-level drug trafficking.     

Italian Organised Crime: Mafia Associations and Criminal Enterprises

The article reviews the different forms of organised crime in Italy. To begin with, it focuses on the Sicilian Cosa Nostra and the Calabrian 'Ndrangheta, Italy's two largest and most powerful mafia associations. With their centuries-old histories, articulated structures, sophisticated ritual and symbolic apparatuses and claim to exercise a political dominion, these associations have few parallels in the world of organised crime. In its second section, the article considers other groups and networks that are--with varying degrees of justification--also routinely described as organised crime: these range from the Neapolitan camorra to Apulian organised crime and the so-called new 'foreign mafie' and other criminal entrepreneurs. Whereas the new Italian and foreign players are likely to expand their activities on Italy's illegal markets, the future of Cosa Nostra and the 'Ndrangheta is more uncertain and largely depends on the decisions made by the public administrations.     

The Emergence of Penal Extremism in California: A Dynamic View of Institutional Structures and Political Processes

This article examines legal and political developments in California in the 1970s and early 1980s that led to extreme changes in the state's use of imprisonment. It uses historical research methods to illustrate how institutional and political processes interacted in dynamic ways that continuously unsettled and reshaped the crime policy field. It examines crime policy developments before and after the passage of the state's determinate sentencing law to highlight the law's long‐term political implications and to illustrate how it benefited interest groups pushing for harsher punishment. It emphasizes the role executives played in shaping these changes, and how the law's significance was as much political as legal because it transformed the institutional logics that structured criminal lawmaking. These changes, long sought by the law enforcement lobby, facilitated crime's politicization and ushered in a new era of frenetic and punitive changes in criminal law and punishment. This new context benefited politicians who supported extreme responses to crime and exposed the crime policy process to heightened degrees of popular scrutiny. The result was a political obsession with crime that eschewed moderation and prioritized prison expansion above all else.     

Are there Emerging West African Criminal Networks? The Case of Ghana

This paper situates discussions about emerging African Criminal Networks (ACN) within Ghana specifically, and West Africa generally, and seeks to present the initial results of an empirically based study on the activities of transnational organised criminal (TOCs) groups in Ghana. The paper argues that the nature of state and statehood in Africa and its inability to establish effective regulatory mechanisms contributes to the rise of these particular types of criminal groups. It begins by conceptualising the place of Ghanaian and West African criminal groups within the framework of international crime. Furthermore, it undertakes an in-depth analysis of three types of crimes; namely computer and internet crime, drug trafficking and (artisanal) small arms manufacture and smuggling in Ghana. By applying a set of standard variables and criteria, the paper evaluates the growth of TNCs in these three issue-areas and how such activities potentially undermine public institutions like the Ghana Police Service (GPS), customs, excise and preventive services (CEPS), judiciary, banking and political parties and political institutions in Ghana. Finally, it seeks to offer an explanatory framework for the growth and acceptance by local communities of the activities of organised crime in Ghana by situating this within a cultural ethos and the social welfare roles played by those involved in such crimes.     

Resilience of a corrupt police network: the first and second jokes in Queensland

Resilient organised crime groups survive and prosper despite law enforcement activity, criminal competition and market forces. Corrupt police networks, like any other crime network, must contain resiliency characteristics if they are to continue operation and avoid being closed down through detection and arrest of their members. This paper examines the resilience of a large corrupt police network, namely The Joke which operated in the Australian state of Queensland for a number of decades. The paper uses social network analysis tools to determine the resilient characteristics of the network. This paper also assumes that these characteristics will be different to those of mainstream organised crime groups because the police network operates within an established policing agency rather than as an independent entity hiding within the broader community.     

对马克思恩格斯关于犯罪问题论述的新解读

本文突破刑法理论界对马克思、恩格斯关于犯罪问题论述的通说观点,结合特定的历史条件,对马克思、恩格斯关于犯罪问题的论述进行了新的探讨：（1）恩格斯在《英国工人阶级的状况》中封犯罪的阐述,是从无产阶级成长的过程角度来评析,犯罪是工人早期用来反抗资本压迫的行为方式,旨在分析资本的残酷剥削和压迫是产生犯罪的原因;（2）马克思、恩格斯在《德意志意识形态》有关对犯罪的论述,是从政治的角度封犯罪本质的揭示,即反抗统治关系的斗争,并非从刑法学意义上对犯罪概念的界定。     

An analysis of outlaw motorcycle gang crime: are bikers organised criminals?

ABSTRACT

Outlaw motorcycle gangs (OMCGs) are identified in Australia and internationally as being heavily involved in organised crime and/or as being criminal organisations. However, academic studies have shown that OMCG members are involved in organised crime to varying extents; this differs between clubs and across jurisdictions. To date, Australian studies of OMCGs are rare. Despite this, Australian governments target OMCGs as key players in organised crime. This study contributes to the existing literature by analysing OMCGs’ criminality in one Australian jurisdiction – Queensland. It draws on rich qualitative data to determine whether and to what extent Queensland’s OMCGs are involved in serious crime, organised crime and/or are operating as criminal organisations. The study finds that Queensland’s OMCG members participate in serious crime at a higher rate than the general public, but that there are few examples of organised crime. There is little to no evidence of OMCGs acting as criminal organisations.     

Ignorance of the Criminal Law,and Duties to Avoid it

‘Ignorance of the law is no defence,’ so we are told from an early stage in our legal studies. Or, to be more accurate, ‘ignorance of the criminal law is no defence to a criminal charge.’ That appears to be the rule in this country, apart from a couple of well‐established exceptions and another possible one. I will argue that it is a preposterous doctrine, resting on insecure foundations within the criminal law and on questionable propositions about the political obligations of individuals and of the State. In developing these arguments, I will draw attention to the differing problems of ignorance of the criminal law in three broad areas – regulatory offences, serious crime, and offences of omission – with a view to suggesting that there is a great deal more that the State needs to do if the issue of ignorance of the criminal law is to be dealt with adequately and fairly. I begin by scrutinising the relevant rule of English criminal law and the justifications offered for it. I then go on to situate the ‘ignorance‐of‐law’ doctrine in the context of the principle of legality and the rule of law, those bastions of liberal criminal law theory. Part three then explores the three broad areas of the criminal law, and parts four and five carry the debate into the political obligations of individuals and of the State in these matters.     

Criminal Exploitation of Online Systems by Organised Crime Groups

This article considers how information and communications technologies (ICT) can be used by organised crime groups to infringe legal and regulatory controls. Three categories of groups are identified: traditional organised criminal groups which make use of ICT to enhance their terrestrial criminal activities; organised cybercriminal groups which operate exclusively online; and organised groups of ideologically and politically motivated individuals who make use of ICT to facilitate their criminal conduct. The activities of each group are then assessed in relation to five areas of risk: the use of online payment systems, online auctions, online gaming, social networking sites and blogs. It is concluded that the distinction between traditional organised crime groups and the other two groups—cybercriminal groups and ideologically/politically motivated cyber groups—is converging, with financially-motivated attacks becoming more targeted. Legislation will need to adapt to deal with new technological developments and threats that organised criminals seek to exploit.

Forest offences in 21st Century Turkey (with the example for the offender and trial period of illegal use of the forests in Istanbul)

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 İstanbul. 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.     

Organised Crime in East Central Europe: The Czech Republic,Hungary and Poland

Recent developments in East Central Europe have made countries in the region increasingly attractive to organised crime. The development of organised crime in ECE is seen as a significant problem with global implications. The roots of organised crime in ECE date back to the 1970s, but conditions after the revolutions of 1989 led to an influx of foreign-based gangs into the region. This has resulted in the emergence of organised crime that is predominantly international in character. Gangs have established strategic alliances to organise operations spanning three continents. The countries of ECE have been fighting back against organised crime and significant advances have been made. Continued criminal operations through the region, however, are perceived as a threat on a global scale. The accession of the Czech republic, Hungary and Poland into the EU in May 2004 will provide a clear litmus test for how successful these attempts have been to date.     

Criminal justice policy and the psychology of peacemaking

Psychology which once was a primary influence on the development of criminal justice policy has, in recent decades, lost much of its ability to inform how laws and policies are made that concern punishment and social control. The reason for psychology's loss of inluence can be traced to the war on crime political rhetoric adopted by politicians and criminal justice administrators. This paper argues that an emerging peacemaking perspective in the criminal justice system allows the discipline of psychology to once again inform the discourse on criminal justice policy. Issues such as drug abuse, gun control, and capital punishment are appropriate subjects for a psychological perspective in the national debate on criminal justice policy.     

Gorr on actus reus

Advances in forensic techniques have expanded the temporal horizon of criminal investigations, facilitating investigation of historic crimes that would previously have been considered unsolvable. Public enthusiasm for pursuing historic crimes is exemplified by recent high-profile trials of celebrities accused of historic sexual offences. These circumstances give new urgency to the question of how we should decide which historic offences to investigate. A satisfactory answer must take into account the ways in which the passage of time can erode the benefits of criminal investigation, the costs associated with investigating old crimes, and the need to prioritize investigations in the face of limited police resources. This article emphasizes the first of these factors. It begins by considering the moral goals of a criminal justice system and the contribution of criminal investigations to the achievement of these goals, distinguishing between contributions that depend on further steps in the criminal justice process, such as prosecution and punishment, and contributions that can have value independently of these further steps. Using this important distinction, the article then examines a range of factors that relate the passage of time to criminal justice goals, including the seriousness of the crime; deterioration of evidence; death of the offender, victim and others affected by the crime; and diminished psychological connectedness between those affected by the crime and their current selves. While the range and non-uniformity of relevant factors preclude a simple answer to the question of when historic crimes should be investigated and call instead for case-by-case assessment, we find that the analysis does support some general conclusions that can guide such an assessment.     

The use of hair as a toxicological tool in DFC casework

When drugging related offences are cited, most people think of sexual assault. However, the law covers any crime committed whilst the complainant is under the influence of alcohol or drugs i.e. the use of a drug to modify a person's behaviour for criminal gain. The case types encountered include robbery, blackmail and of course sexual offences.Hair analysis for drugs is now well established in Forensic Toxicology. Its use as an analytical tool in workplace testing, post-mortem toxicology and criminal cases is expanding both in the UK and worldwide, and it is now widely accepted as an alternative or complimentary matrix for these cases. This paper will provide a brief overview of hair testing in cases of Drug Facilitated Crime stressing the importance of timely sample collection. Its usefulness in cases of this type will be highlighted through case examples.     

Conceptualising and combating transnational environmental crime

To date, transnational environmental crime has been poorly attended to by the transnational organised crime and transnational policing discourse. Academics have focused on individual elements of environmental crime, neglecting a broader theoretical discussion, while national and international institutions have prioritised other forms of organised crime, giving little thought to the nuanced nature of transnational environmental crime and how this should be reflected in policing and countermeasures. This paper attempts to rectify this by conceptualising transnational environmental crime and suggesting ways forward for countermeasure development. The paper will begin by looking at the problem of environmental crime, its value, scope and effects, concluding that the damaging nature of transnational environmental crime demands a greater focus on its policing. The nature of transnational environmental crime will then be discussed by reference to traditional forms of organised crime. It will be argued that, while transnational environmental crime is a form of organised crime, and has some features in common with the traditional organised crimes, such as drug smuggling and people trafficking, it is the substantial differences that should guide the approach to developing countermeasures. The development of effective countermeasures, it is concluded, requires a significant change in policy at every level.     

The Russian 'Mafiya': Consolidation and Globalisation

Organised crime emerged from the collapse of the Soviet Union unexpectedly quickly and forcefully, rapidly 'colonising' the new economic and political structures. Hyperbole notwithstanding, the 'mafiya' does not 'own' the new Russia, but it is undoubtedly a powerful force, and one which has eagerly exploited new opportunities to cultivate strategic alliances in the global underworld and also to spread across the world. It is presently at an important crossroads at home. It is maturing, as larger, more professional networks eliminate or incorporate the myriad gangs that emerged in the freewheeling days of the early Russian state, and under President Putin it faces a regime embarked upon a state-building programme intolerant of the kind of open anarchy that characterised the early 1990s. However, Russian organised crime remains strikingly disorganised, characterised by loose and highly entrepreneurial networks rather than disciplined hierarchies, and there are still pressures, including the impact of foreign criminal penetration and the growing profits from drug smuggling, which threaten the present status quo.