Criminologists,duct tape,and Indigenous peoples: quantifying the use of silencing research methods

A recent quantitative evaluation of mainstream criminological research found that there is a dearth of research on “Indigenous peoples in the criminal justice context” conducted in Australia, Canada, New Zealand, and the United States and published in elite criminology journals while these nations continue to incarcerate Indigenous peoples at markedly disproportionate rates. Although the silence prohibits public attention to this social issue, counter-colonial critics have mostly focused on criminologists who deliberately marginalize Indigenous peoples through use of inappropriate research methods. This study is a first attempt to quantify the use of “silencing research methods” in contemporary mainstream criminology. It involves a comprehensive review of research published in elite criminology journals over the past decade (2001–2010). The findings reveal that although mainstream criminologists generally prefer non-silencing research tools, they primarily employ silencing research methods when studying Indigenous peoples. Also, studies that focus on Native American peoples use silencing research tools more often than studies on other disproportionately incarcerated social groups, i.e., African and Hispanic Americans. The study concludes that by using “silencing research methods,” elite mainstream criminology has contributed to the marginalization of Indigenous peoples to varying degrees in all four countries over the past decade.     

跨国企业食品安全与社会责任担当探析

从2006年美国的毒菠菜事件到2007年染毒点心事件,再纵观中国毒奶粉和肉制品食品安全事件,食品安全问题所呈现出的企业社会责任感的弱化再次引起公众的关注。企业社会责任在20世纪20年代由美国欧利文.谢尔顿首次提出。此后,美国和英国司法机构相继制定了利益相关法,以促进企业承担社会责任。本文认为,在经济全球化的背景下,跨国企业更好地承担社会责任,更好地进行法律规制,对于实现企业的长远利益具有积极的推动作用。     

Applying Black's theory of law to crack and cocaine dispositions

Since crack cocaine first appeared on the streets of the United States, the criminal justice system has been overwhelmed with poor, minority drug offenders. This situation can be attributed in part to the existence of mandatory minimum sentences that treat violations associated with crack cocaine more harshly than those associated with powder cocaine. Using data from New York City, the present study uses Black's theory of law to help understand discrepancies in crack and cocaine dispositions. Results show mixed support for Black's propositions. Racial minorities are more likely to be charged with a felony and receive longer prison sentences compared to Whites. Implications of the study and directions for future research are discussed.     

Temperance and the origins of the new penology

This article discusses the nineteenth century origins of indeterminate sentencing and discretionary penology. Was this idea an offshoot of contemporary positivist criminology, emanating from Europe, or was it a separate development in the United States? It is argued that although European influences were felt, the “new penology” was clearly an American product. However, it did not derive either from new insights in social science, or from simple reforming zeal. Rather, the new penology is seen here as an outgrowth of the contemporaneous temperance movement, which in turn resulted from social and ethnic conflict. The article suggests that the temperance movement was central to the evolution of discretionary penology, and crucial in keeping these ideas alive until the new positivism made itself felt. In summary, the temperance movement is seen as a vital, through understudied, force in the evolution of the twentieth century justice system in the United States.     

New right,new left,new challenges: understanding and responding to neoconservatism in contemporary criminology

This essay examines the rise of neoconservative thought within criminological discourse from the enlightenment ‘quarrel’ with ancient philosophy and church supported scholasticism in the 1700s to the present day. From the perspective of criminology, it is argued that there is little new about the ‘new right’ with the exception that it has managed to galvanize itself as a popular retributionist alternative among the working class in the United States, Canada, and England. The current organization of social institutions in a modern ‘risk society’ facilitates the easy re-definition of the crises of late-modern capitalism into issues of social control. It is not surprising we find the right reinvigorated and prominent under these conditions. New left realism and crime control through social development are offered as competitive platforms from which to advance critique of barbaric right-wing crime-control policies. Despite all my rage, I am still just a rat in cage (Smashing Pumpkins 1996)     

Border Enforcement,Organized Crime,and Deaths of Smuggled Migrants on the United States – Mexico Border

In response to ever increasing numbers of illegal immigrants entering the United States from Mexico, the United States adopted a border enforcement strategy in the 1990s that sought to bring the problem under control. This strategy relied primarily on increasing the number of Border Patrol agents directly on the border, the erection of walls at heavy traffic areas, and insertion of electronic surveillance systems. While these efforts succeeded in making it more difficult for illegal migrants to gain entry into the United States undetected, it also resulted in an increased reliance on human smugglers. Thus, the nature of the problem has shifted from one of illegal immigration to one of human smuggling. In an effort to gain entry successfully, smugglers have continued to lead migrants through hazardous terrain along the border where surveillance is less intense. Anecdotal evidence is presented which suggests that smugglers' drive for profit often results in the abandonment and death of migrants. Implications for future border policing strategy and research are discussed. An earlier draft of this paper was presented at the International Conference on Organized Crime and Humanitarian Disasters at the initiative of the International Scientific and Professional Advisory Council of the United Nations Crime Prevention and Criminal Justice Programme (ISPAC) in cooperation with the United Nations Office on Drugs and Crime (UNODC), Courmayeur Mont Blanc, Italy, December 3–5, 2004.     

The Ad That Changed Libel Law: Judicial Realism and Social Activism in New York Times Co. v. Sullivan

The 1964 decision by the Supreme Court of the United States in New York Times Co. v. Sullivan transformed libel law by extending constitutional protection to the publication of false and defamatory statements about public officials made without actual malice, that is, without knowledge of falsity or reckless disregard for the truth. Less well recognized is the decision's advancement of advocacy advertising and unhindered news coverage as a means to counter racism in the United States. Civil rights history, increasing visibility of advocacy advertisements and the Court's reliance on thin legal precedent suggest the decision embodies judicial realism and social activism.     

Youth suicide in New Mexico: a 26-year retrospective review

Although suicidal behavior in children and adolescents is a major public health problem, large-scale research on suicide in this population is uncommon. In this study, we reviewed autopsy and field reports for all pediatric suicide cases referred to the New Mexico Office of the Medical Investigator from 1979 to 2005. The age-adjusted suicide rate was 4.8 per 100,000. Psychologic stressors and parasuicidal behavior were identified in some cases. Seventy-six percent of suicides occurred in the victim's home or yard, and 25% left a suicide note. In 26% of cases, alcohol or other drugs were detected in postmortem. Gunshot wound was the most common method overall (58%), followed by hanging (30%). Although the age-adjusted suicide rate is higher in New Mexico than nationally, the trends in the population are similar. With a solid understanding of the circumstances, it may be possible to predict, and hopefully prevent, future cases of child and adolescent death.     

Left Out? The coverage of critical perspectives in introductory criminology textbooks, 1990–1999

DeKeseredy and Schwartz have criticized introductory criminology textbooks published in the United States for their ‘poor treatment’ of critical/radical perspectives. This paper subjects this criticism to empirical analysis by studying the coverage of critical perspectives in 34 introductory criminology textbooks published from 1990 to 1999. Specifically, I examine how the coverage of critical perspectives in the textbooks is influenced by: 1) the theoretical orientations of the texts; 2) the positions of the texts on debate over conflict and consensus theories of law; and 3) the positions of the texts on the evidence supporting critical perspectives. This analysis shows that critical/radical perspectives in general, but in particular recent developments in critical criminology (including critical feminism, left realism, peacemaking criminology and postmodern criminology) are often ‘left out’ of contemporary criminology textbooks.     

Biofuel,Energy Diversification,and NAFTA: A Proposition for the Future of the North American Biofuels Industry

This article demonstrates how the United States can use the free-trade legal structure to diversify the nation's energy portfolio by importing jatropha plants from southern Mexico for use as biofuel. The North American Free Trade Agreement has created a free trade zone among Canada, Mexico, and the United States, so jatropha imports from Mexico are not subject to tariff. This article contends that the United States and Mexico can change two of their legal devices, PROCAMPO and ethanol subsidies for U.S. farmers, to facilitate jatropha trade. Thus, the United States can diversify its energy market by using an abundant and easily accessible resource.     

North American Organised Crime

The Italian-American mafia is one of the most enduring images of organised crime, but separating fictional images of organised crime from the real thing has not been easy. Overall, organised crime is a continuing criminal enterprise that rationally works to profit from illicit activities that are often in great public demand. Its continuing existence is maintained through the use of force, threats, monopoly control, and/or the corruption of public officials. The past 20 years have seen a decline in the influence of Italian-American organised crime in the US, but this has been offset by the rise of other forms of organised crime, not least groups from the former USSR. Meanwhile, the Canadian underworld is dominated by Asian groups, East European groups, Italian groups, and outlaw motorcycle gangs. The major organised crime groups in Mexico are extended networks composed of Mexican nationals living in Mexico, Mexican-Americans, and Mexican immigrants living in the United States, operating as competing networks in the illicit drug business from supply, to transit, to destination and buyers.     

Trends in suicide by carbon monoxide inhalation in King County, Washington: 1996-2009

Carbon monoxide (CO) inhalation is one of the leading methods of suicide in the United States. A sharp increase in suicide by inhaling the CO produced from burning charcoal has been reported in parts of Asia; however, the incidence of this method has not been determined in a U.S. population. Thus, we determined trends of CO suicide in the ethnically diverse population of King County, Washington, U.S.A. During the period 1996-2009, we identified 158 cases of suicide by CO poisoning, with 125 because of automotive exhaust, 26 because of charcoal burning, and seven from other CO sources. While historical U.S. data indicate >99% of CO suicides in the United States occurring by automobile exhaust inhalation, in the most recent years analyzed, c. 40% of CO-related suicides in King County, Washington, were because of charcoal burning, indicating a possible shift in suicide trends that warrants further scrutiny in additional populations.     

THE LIFE COURSE OF CRIMINOLOGY IN THE UNITED STATES: THE AMERICAN SOCIETY OF CRIMINOLOGY 2003 PRESIDENTIAL ADDRESS*

The field of criminology lacks a sense of its own history. To rectify this situation, I apply the concepts and framework of the life‐course perspective to the development of criminology as a discipline. Examining criminology in the United States over the last 100 years, I discuss three eras (or life‐course phases), intellectual continuities and turning points in the field. My thesis is that if we knew our history, we would realize that ideas about crime matter. I offer a revised version on how to view criminology and in doing so address the theme of the 2003 annual meeting of the American Society of Criminology, “The Challenge of Practice, the Benefits of Theory.”     

Working to Death: The Regulation of Working Hours in Health Care

Recent research highlights significant risks associated with health professionals working long hours—risks to their health and safety, to the safety and quality of care provided to patients, and to public safety. This article undertakes a review of the various instruments used to regulate working hours in health systems, using six countries (Australia, Canada, Denmark, New Zealand, the United Kingdom, and the United States) and the European Union as primary comparators. The review demonstrates differences in the instruments used to regulate the issue in these countries and in the economic, social, and cultural factors that limit instrument choice and moderate instrument effectiveness.     

Suicide by intravenous injection of cocaine. A report of three cases

Death as a consequence of cocaine abuse is continuing to increase in all parts of the United States. Cocaine use may cause the development of psychosis, with subsequent expression of suicidal ideations, and potentially even successful suicide. Cocaine dependence may also cause depression in the individual who is unable to control his or her craving for the drug, and suicide may be perceived as the only solution to a desperate problem. Despite the dramatic escalation of cocaine abuse and the potential toxicity of this drug, there have been no reports within the United States of cocaine being used as the agent to accomplish a suicide. Herewith are reported three cases in which depression and desperation over cocaine dependence were the motivations for successful suicide, which was accomplished through the intravenous injection of cocaine to the point of death. True cocaine suicide is probably only identified through the presence of objective scene information that unequivocally proves suicidal intent, such as notes or letters which contain information to this effect. A careful search of the scene of death in cocaine fatalities is mandatory, and diligent application of routine scene investigation principles may reveal that suicide through the use of cocaine is more widespread than first appearances would suggest.     

TOWARD AN ANALYTICAL CRIMINOLOGY: THE MICRO–MACRO PROBLEM,CAUSAL MECHANISMS,AND PUBLIC POLICY

In this address, I revisit the micro–macro problem in criminology, arguing for an “analytical criminology” that takes an integrated approach to the micro–macro problem. I begin by contrasting an integrated methodological‐individualist approach with traditional holist and individualist approaches. An integrated approach considers the concept of emergence and tackles the difficult problem of specifying causal mechanisms by which interactions among individuals produce social organizational outcomes. After presenting a few examples of micro–macro transitions relevant to criminology, I discuss research programs in sociology and economics that focus on these issues. I then discuss the implications of social interaction effects for making causal inferences about crime and for making crime policy recommendations.     

Public criminologies

Research Summary Public scholarship aspires to bring social science home to the individuals, communities, and institutions that are its focus of study. In particular, it seeks to narrow the yawning gap between public perceptions and the best available scientific evidence on issues of public concern. Yet nowhere is the gap between perceptions and evidence greater than in the study of crime. Here, we outline the prospects for a public criminology, conducting and disseminating research on crime, law, and deviance in dialogue with affected communities. We present historical data on the media discussion of criminology and sociology, and we outline the distinctive features of criminology—interdisciplinary, a subject matter that incites moral panics, and a practitioner base actively engaged in knowledge production—that push the boundaries of public scholarship. Policy Implications Discussions of public sociology have drawn a bright line separating policy work from professional, critical, and public scholarship. As the research and policy essays published in Criminology & Public Policy make clear, however, the best criminology often is conducted at the intersection of these domains. A vibrant public criminology will help to bring new voices to policy discussions while addressing common myths and misconceptions about crime.     

Patents for critical pharmaceuticals: the AZT case

Patents and other statutory types of market protections are used in the United States to promote scientific research and innovation. This incentive is especially important in research intensive fields such as the pharmaceutical industry. Unfortunately, these same protections often result in higher monopoly pricing once a successful product is brought to market. Usually this consequence is viewed as the necessary evil of an incentive system that encourages costly research and development by promising large rewards to the successful inventor. However, in the case of the AIDS drug Zidovudine (AZT), the high prices charged by the pharmaceutical company owning the drug have led to public outcry and a re-examination of government incentive systems. This Note traces the evolution of these incentive programs--the patent system, and, to a lesser extent, the orphan drug program--and details the conflicting interests involved in their development. It then demonstrates how the AZT problem brings the interest of providing inventors with incentives for risky innovative efforts into a sharp collision with the ultimate goal of such systems: ensuring that the public has access to the resulting products at a reasonable price. Finally, the Note describes how Congress and the courts have attempted to resolve these problems in the past, and how they might best try to solve the AZT problem in the near future.     

Institutional weakness and organized crime in Mexico: the case of Michoacán

In the case of Mexico, the prevalence of organized crime and drug trafficking can be explained more as a consequence of the weak and insufficient institutional bureaucracy that impedes the application of the law than the demand for narcotics in the United States. In this context, a study was undertaken in the state of Michoacán, Mexico, the state where one of the most violent criminal groups, Los Caballeros Templarios (the Knights Templar), a splinter group of La Familia Michoacána (the family Michoacán), is located. This article, which draws upon LaFree’s ‘social control’ research, raises the question of the urgent need to strengthen state and municipal government within an integrated strategy to combat organized crime. Failure to reform bureaucracies and the continued lack of local and state institutions that guarantee a modicum of compliance with the law will result in an institutional environment which continues to favor impunity and delinquency.     

A Comparison of Criminological and Public Health Models: Geographic and Social Diversity Associated with Methamphetamine Laboratory Seizures

In the 1990s methamphetamine (meth) emerged as a significant drug problem in the United States. Along with more widespread meth use was a growing pattern of localized production of the drug in small-scale clandestine laboratories, creating public health issues beyond the drug’s direct harms to the health of users. Early efforts in analyzing aggregate patterns of meth lab production across communities suggest this phenomenon is different from other types of crime and drug problems, showing distinctive geographic patterns and different causal/etiological dynamics. This paper assesses the viability of public health outcomes as predictors of methamphetamine laboratory problems and compares them with traditional criminological predictors as explanations for aggregate patterns in meth lab problems across U.S. counties. It documents how local variations in meth production are different from other types of crime patterns and identifies whether geographic variations in local meth labs might be more effectively predicted and explained in public health terms.