Struggles against subjection. Implications of criminalization of migration for migrants’ everyday lives in Europe

The criminalization of migration has, over the last decade, gained unprecedented focus in migration, criminology and socio-legal literature. Recently, there have been some developments critically revisiting the criminalization thesis, particularly with reference to the European experiences: criminal law might exist ‘on the books’ but quite often it is not actually enforced in immigration practice. Therefore, whilst the incorporation of criminal law into the immigration domain serves mainly symbolic functions to demonstrate a government’s firm grip over immigration control, it also legitimizes a discourse presenting migrants as potential criminals, cheats and abusers. This begs the following question: how do migrants respond to this increasing conflation between criminal and immigration domains in the wider social context? How are the official and public discourses over ‘crimmigrant bodies’ reflected in migrants’ everyday life experiences? Do migrants resist, reproduce or redefine this criminal labelling? I grapple with these questions while qualitatively investigating the experiences of 270 return migrants from four European countries (Norway, Netherlands, the UK and Portugal): migrants’ responses to the stigmatizing force of symbolic criminalisation do not always mean resistance, but, quite often, are placed on a continuum between the contestation and the reproduction of the stigma and the hegemony of the law.     

Reflecting on Brexit: migration myths and what comes next for EU migrants in the UK?

This article considers the potential impact of Brexit on the family and welfare entitlement of EU migrants living in the UK and of UK migrants living in other EU Member States. Whilst the vast majority of those campaigning for the UK to leave the EU (publicly at least) argued in favour of those already present in the UK at the time of the referendum having their status protected, the government has been considerably less vocal in its support for this outcome. As such, EU migrants living in the UK presently face considerable uncertainty as to their own and their families’ future legal status and entitlement to welfare rights. The article will expose some of the evidential and legal gaps in the assertions made about EU migrants’ socio economic entitlement with a view to providing a more informed, legally accurate appraisal of how the Brexit negotiations could unfold.     

Determinants of Citizens’ Perceptions of Police–Community Cooperation in India: Implications for Community Policing

In this study, we examine citizens?? perceptions of police?Ccommunity relationships in India. More specifically, in this exploratory study, we examine the extent to which factors such as general satisfaction with police services, police professionalism, feeling of safety, and perception of police integrity all explain the public confidence in police?Ccitizen relationships. Those who are generally satisfied with police like to work with police and view police?Ccommunity relationships positively. Further, we find that those who feel police are fair in dealing with citizens, irrespective of social status, and those who feel more safe in their communities are those who are most willing to work with police.     

‘We are Jamaicans:’ living with and challenging the criminalization of homosexuality in Jamaica

Today, some 80 countries around the world have legislation criminalizing homosexuality, while those who engage in same-sex relations risk mob violence resulting from cultural intolerance. Despite this, gay rights advocacy within these countries exists. This paper examines gay rights advocacy in Jamaica – a nation which criminalizes same-sex relations and which has been identified by observers as among the most intolerant of same-sex relations. Using interviews with gay rights activists working with Jamaica’s leading gay rights organization, this paper describes the gay rights movement in a climate of repression. It begins with an overview of Jamaican sexual values, tracing its condemnation of homosexuality to a history of plantation slavery. Next, it discusses the emergence of a gay pride movement and the development of a broad-based association for all sexual orientations and identities. Finally, it examines the advocacy and activism of the Jamaican Forum for Lesbians, All-Sexuals, and Gays, a voice for Jamaica’s lesbian, gay, bisexual, and transgendered community. Throughout, the paper reveals how even an oppressed identity may find a voice and thrive despite the greatest of legal and cultural challenges.     

Pathways from Childhood Maltreatment to Unsupportive Emotion Socialization: Implications for Children’s Emotional Inhibition

Journal of Family Violence - Adults who have experienced child maltreatment report problems with emotion regulation (ER) and parenting difficulties, which have been associated with maladaptation in...     

Updating,subtyping, and perceptions of the police: Implications of police contact for youths’ perceptions of procedural justice

Individuals enter police encounters with expectations about how these interactions will unfold. These expectations are often rooted in racialized personal, vicarious, and collective experiences with the police. Bayesian updating posits that the way youth perceive treatment by the police during stops and arrests combines with prior expectations and perceptions to shape current views of the law, whereas subtyping suggests this process differs by race. This study examines intra- and interracial variability in these processes using longitudinal survey data from 3,085 Black and White youth. Regardless of race, youth who indicate they were treated with disrespect during police encounters had lower perceptions of procedural justice than did those with no contact, whereas contact perceived as respectful had no significant effects. For White but not Black youth, police encounters rated as “neutral” are associated with more negative views of the police. Other forms of legal socialization are also racialized, including messages conveyed in the media and by parents. Limited evidence exists that prior views of the police moderate the effect of police encounters on procedural justice or that these conditioning effects vary by race. Findings support updating, but race differences do not neatly align with findings expected with updating or subtyping theory.     

From vocational training to education: the development of a no‐frontiers education policy for Europe?

This article focuses on developments towards an EU educational policy. Education was not included as one of the Community competencies in the Treaty of Rome. The first half of the article analyses the way that the European Court of Justice and the Commission of the European Communities between them managed to develop a series of substantial Community programmes out of Article 128 on vocational training. The second half of the article discusses educational developments in the community following the Treaty on European Union and the Treaty of Amsterdam. Whilst the legal competence of the community now includes education, the author's argument is that the inclusion of an educational competence will not result in further developments to mirror those in the years before the Treaty on European Union. If the 1980s were a decade of expansion, the medium‐term future is likely to be one of consolidation.     

US police officers’ knowledge regarding behaviors indicative of deception: Implications for eradicating erroneous beliefs through training

Abstract

The current study surveyed a random sample of Texas law enforcement officers (n?=?109) about their knowledge regarding behaviors indicative of deception. The officers were not highly knowledgeable about this topic, overall performing at a chance level in assessing how various behavioral cues relate to deception. Confidence in one's skill was unrelated to accuracy, and officers who reported receiving the most training and utilizing these skills more often were more confident but no more accurate in their knowledge of the behaviors that typically betray deception. The authors compare these results to previous studies that have examined officers’ beliefs in other countries and discuss the implication of these results in terms of developing future training programs that may debunk the common misconceptions that officers possess.     

Constructing a New Scottish parliament for the ‘Europe of regions’: Can institutional engineering assure subsidiarity?

The creation of an elected parliament in Scotland raises questions for legislative scholars, among them how a parliamentary body representing a stateless nation within a member state of the European Union can influence and implement European legislation. One version of the ‘principle of subsidiarity’ states that decisions are taken as closely as possible to the citizen, encouraging assemblies throughout the EU to articulate and implement their own preferences in key policy areas. Reporting findings from a survey of the Scottish parliament's first cohort of legislators, this article identifies conflicting perceptions of subsidiarity, charts how best to pursue it, and evaluates the institutional norms, rules and procedures put in place to help secure it. Data demonstrate that preferences vary by level of MSP knowledge about European policy, by party membership and by method of election. Low levels of legislator knowledge combined with internal divisiveness constitute barriers to institutional strength in the pursuit of subsidiarity.     

Suppliers to a sellers’ cartel and the boundaries of the right to damages in U.S. versus EU competition law

While customer damage claims against price-cartels receive much attention, it is unresolved to what extent other groups that are negatively affected may claim compensation. This paper focuses on probably the most important one, suppliers to a downstream sellers’ cartel. The paper first identifies three economic effects that determine whether suppliers suffer losses due to a cartel by their customers. We then examine whether suppliers are entitled to claim net losses as damages in the U.S. and the EU, with exemplary looks at England and Germany, delineating the boundaries of the right to damages in the two leading competition law jurisdictions. We find that, while the majority view in the U.S. denies standing, the emerging position in the EU approves of cartel supplier damage claims. We show that this is consistent with the ECJ case law and in line with the new EU Damages Directive. From a comparative law and economics perspective, we argue that more generous supplier standing in the EU compared to the U.S. is justified in view of the different institutional context and the goals assigned to the right to damages in the EU. We demonstrate that supplier damage claims are also practically viable by showing how supplier damages can be estimated econometrically.     

Are ‘pseudonymised’ data always personal data? Implications of the GDPR for administrative data research in the UK

There has naturally been a good deal of discussion of the forthcoming General Data Protection Regulation. One issue of interest to all data controllers, and of particular concern for researchers, is whether the GDPR expands the scope of personal data through the introduction of the term ‘pseudonymisation’ in Article 4(5). If all data which have been ‘pseudonymised’ in the conventional sense of the word (e.g. key-coded) are to be treated as personal data, this would have serious implications for research. Administrative data research, which is carried out on data routinely collected and held by public authorities, would be particularly affected as the sharing of de-identified data could constitute the unconsented disclosure of identifiable information.Instead, however, we argue that the definition of pseudonymisation in Article 4(5) GDPR will not expand the category of personal data, and that there is no intention that it should do so. The definition of pseudonymisation under the GDPR is not intended to determine whether data are personal data; indeed it is clear that all data falling within this definition are personal data. Rather, it is Recital 26 and its requirement of a ‘means reasonably likely to be used’ which remains the relevant test as to whether data are personal. This leaves open the possibility that data which have been ‘pseudonymised’ in the conventional sense of key-coding can still be rendered anonymous. There may also be circumstances in which data which have undergone pseudonymisation within one organisation could be anonymous for a third party. We explain how, with reference to the data environment factors as set out in the UK Anonymisation Network's Anonymisation Decision-Making Framework.