Queer Contestations and the Future of a Critical “Queer” Criminology

It is intuitive to include critical criminologists in early conversations about “queering” criminology given that the paradigms and methods of critical criminology can be employed to challenge subordination and inequality in its several dimensions. The first part (and main focus) of this article problematizes this intuition, which is easy to accept at face value, by reflecting backwards and explaining how early influential critical criminological views perpetuated damaging stereotypes and representations of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people as sexual deviants. The second part reflects forward, and discusses the difficulties of carving a space in the discipline for critical queer perspectives. Drawing on critical and critical race theories, this article advocates a relational, intersectional approach to conceptualize sexual orientation and gender identity in criminological theory and research. This approach considers the connections among sexual orientation or gender identity and other differences (e.g., race, ethnicity, nationality, religion, class, gender, etc.) without assuming or attaching fixed meanings to those differences.     

Toward a Green-Cultural Criminology of “the Rural”

There are many connections between the various strands of critical criminology. Previously, we highlighted common issues between green and cultural criminology, while also noting some of the ways that each perspective could potentially benefit from cross-fertilization (Brisman and South in Crime Media Cult 9(2):115–135, 2013, Green cultural criminology: constructions of environmental harm, consumerism and resistance to ecocide. Routledge, Oxford, 2014; McClanahan in Crit Criminol. doi:10.1007/s10612-014-9241-8, 2014). In this article, we extend our analysis to consider green, cultural and rural criminologies through the exposition of several key issues, including “the rural” as local context in which exploitative global forces may exercise power; agribusiness and the food/profit chain; farming and the pollution of land, water and air; and finally, cultural/media images and narratives of rural life. We focus more specifically on this final intersectionality through an analysis of Jonathan Franzen’s novel Freedom (2010), analyzing his depictions of rural people, environmental activists, and the rural environment through the issue of mountaintop removal. We conclude our article by identifying several examples of key directions in which the intersectionality of green, cultural and rural criminologies might proceed, including trafficking and abuse of farmworkers, harms associated with the cultivation of quinoa, and a critical interpretation of media and popular narrative depictions of environmental issues within rural contexts.     

‘Cultural Criminology,Governmentality and the Liquidity of the Failing State: The View from Ireland’ for Critical Criminology

A number of incidents and community movements in the post-economic growth era have come to shape understandings of the Republic of Ireland’s marginalised groupings. These groups exist in both urban streetscapes and rural communities; all have come to represent a new culture of transgressive resistance in a state that has never completely dealt with issues of political legitimacy or extensive poverty, creating a deviant form of ‘liquid modernity’ which provides the space for such groupings to exist. The article demonstrates that the prevailing ideology in contemporary, post-downturn Ireland have created the conditions for incidents of ‘cultural criminology’ that at times erupt into episodes of counter hegemonic governmentality. The article further argues that these groups which have emerged may represent the type of transgressive Foucaultian governmentality envisaged by Kevin Stenson, while they are indicative of subcultures of discontent and nascent racism which belie the contented findings of various affluence and contentment surveys conducted during the years of rapid growth. The paper develops this theme of counter-hegemonic ‘governmentality’, or the regional attempts to challenge authorities by local groups of transgressors. The paper finally argues that, in many ways, the emergence of a culture of criminality in the Irish case, and media depictions of the same, can be said to stem from the corruption of that country’s elites as much as from any agenda for resistance from its beleaguered subcultures.     

Angola and Kenya Pavilions in the 2013 Venice Biennale: African Contemporary Art and Cultural Diplomacy in the “Olympics of Art”

A record six African states were awarded a national pavilion at the 2013 Venice Biennale, the premier venue for showcasing a nation's contemporary art, from which Africa has historically been excluded. While first-time participant Angola won the top prize, Kenya's pavilion was the target of bafflement and ire. Using a cultural diplomacy framework that integrates the insights of leading scholars, this research makes concrete recommendations for practitioners vis-à-vis a comparative case study of the two pavilions. Analysis and recommendations consider the interests of a variety of stakeholders and offer insights relevant to Africa and other emerging regions.     

“Just Describing is Not Enough”: Policy Learning,Transfer, and the Limits of Best Practices

Despite widespread use in the cultural field, best practices remain theoretically and empirically under-researched. The aim of this article is to achieve better understanding of their use and effectiveness in policy learning and transfer, using a case study of a cross-national policy coordination process in the European Union, the Open Method of Coordination. Using empirical data from interview and participant observation material, the article highlights several fundamental challenges of best practices, such as issues of contextualization, representativeness, and critical analysis. It finishes by offering six critical reflection questions on the use of best practices.     

Decolonizing Southern Criminology: What Can the “Decolonial Option” Tell Us About Challenging the Modern/Colonial Foundations of Criminology?

Critical Criminology - Southern criminology has been recognized as a leading theoretical development for attempting to overcome the perpetuation of colonial power relations reflected in the unequal...     

Asian Criminology – Challenges, Opportunities, and Directions

Despite considerable advances in the field of criminology in Asia over the past few decades, the pace of growth has been quite slow compared with the rapid development of the field in North America and Europe. This paper discusses key features of the Asian context as they are related to the development of criminology in Asia. The paper examines the major challenges that Asia’s diverse culture, legal traditions, crimes, and crime control pose for development of criminology in Asia. It also discusses the opportunities afforded by the Asian context. The paper proposes general strategies in response to the challenges. The author suggests the importance of moving towards a unified paradigm of Asian Criminology. The Asian Journal of Criminology aims to play an instrumental role in this process of advancing Asian criminology.     

Constitutive Criminology and the ‘War on Terror’

This article presents a constitutive criminological perspective of the ‘war on terror’. The article will first deconstruct the ‘war on terror’; showing how constitutive criminology provides a framework in which foreign policy, the UK state; the police, and society can be systematically analyzed in relation to one another. Second, the article explores how constitutive criminology enables a critical analysis of the dominant state-centric ‘war on terror’ discourse. The article through discussing the multifaceted ‘war on terror’ demonstrates the relevance of constitutive criminology, as a non state centric approach to critical perspectives in criminology.     

‘I Would Prefer Not To’: Giorgio Agamben, Bartleby and the Potentiality of the Law

In Homo Sacer, Giorgio Agamben suggests that Herman’s Melville’s ‘Bartleby the Scrivener’ offers the ‘strongest objection against the principle of sovereignty’. Bartleby, a legal scribe who does not write, is best known for the formula with which he responds to all his employer’s requests, ‘I would prefer not to.’ This paper examines this formula, asking what it would mean to ‘prefer not to’ when the law is in question. By reading Melville’s story alongside Aristotle’s theory of potentiality and Walter Benjamin’s theses on history, it suggests that Bartleby’s interest, for Agamben, lies in his challenge to dominant conceptions of the relation between potentiality and actuality, which, he believes, are rendered indistinct in sovereignty. By reflecting critically on Agamben’s depiction of Bartleby as a ‘new Messiah’, this paper examines Agamben’s understanding of what it would mean to fulfil the law, and what form of political task this would entail.     

Hate Crime and the Privatization of Political Responsibility: Protecting Queer Citizens in the United States?

My purpose in this article is to address issues that arise with the emergence of “hate crime” law as a response to violence against historically subordinated groups, with particular reference to gay, lesbian, bisexual, transgendered (henceforth “GLBT”), and otherwise queer citizens. The specific jurisdictional context of my reflection is the USA but the issues I raise have significance beyond that context. Increasingly in recent years hate crime legislation has been adopted or proposed in the US as well as other jurisdictions as a response to bigotry and violence directed against minority groups in multi-cultural societies. In 2006 in the UK, proposals to outlaw “incitement to religious hatred” were hotly debated. In 2008 demands are being made to extend the ‘incitement laws’ to include incitement to homophobic hatred. In 2007 in the US the Senate and House of Representatives in Washington DC passed an Act, which some described as the Matthew Shepard Act, to promote and enhance the use of the criminal law against perpetrators of crimes motivated by hatred based on perceived sexual orientation and gender identity. Ultimately the Act failed to become law. The debates in the UK and US provide the backdrop against which I want to examine the arguments for and against hate crime legislation, both generally and with specific application to queer citizens. This require us to think again about the relation of queer citizens to the state, the reach of political equality and human rights, and the aims and limits of the criminal law and system of “criminal justice”.

Rethinking the Probative Value of Evidence: Base Rates,Intuitive Profiling,and the “Postdiction” of Behavior

It is argued that American courts may be routinely admitting evidence with little to no probative value and great potential for prejudicial impact. This may be particularly likely with regard to what is essentially intuitive profiling or stereotype related evidence, defined herein as evidence suggesting that the defendant (or other party), or his (her) behavior, fits intuitive profiles (or stereotypes) of the type of person likely to commit the crime or behavior in question. In other words, intuitive profiling evidence is admitted to postdict behavior. Formal empirically based profiling evidence (testimony regarding the fit of a defendant's characteristics or behaviors to formal or scientific profiles of the typical perpetrator of the crime in question for use to prove guilt is inadmissible in American courts. However, we suggest that everyday use of informal intuitive profiles underlies both judicial determinations of probative value diagnosticity, and thus admissibility, of evidence, and jurors' use of the evidence in determining guilt. Demonstrations of the use of base rate information to evaluate the probative value of such intuitive profiling evidence both as evidence of guilt and as evidence of innocence are provided. Demonstrations of both how to evaluate the actual probative value of evidence (when all necessary values are known), and the theoretical limit of its probative value (in circumstances where some values are not known) are provided. It is argued that such evaluations may provide the basis for (1) support of motions to either admit or to exclude evidence, (2) testimony to the jury to help them weigh or interpret evidence, (3) exculpatory profiling (profiling evidence of innocence), (4) pretrial research to establish probative versus prejudicial value of evidence, and (5) sufficiency analyses to determine maximum likelihood of guilt, given multiple items of evidence. Among these, the first two are considered most important, as it can be demonstrated that many profiling characteristics currently admitted in trial (such as evidence of battery to support a murder charge) are not probative of guilt.     

The business of bribery: Globalization, economic liberalization, and the “problem” of corruption

This paper is intended as a critical response to the emerging consensus within both academic and policy literatures that we are currently facing an epidemic of corruption which threatens to undermine the stability of economic and political development on both a national and global scale, and which requires both immediate and wide-ranging policy interventions. Based on a review of the publications and policy statements of the leading anti-corruption crusaders — namely the OECD, the IMF, and the World Bank — it will be argued that the recent concern with corruption is attributable, not to any substantive increase incorrupt practices, but rather, to the re-framing of corruption in light of broader shifts and transformations within the global economy. This revised version was published online in July 2006 with corrections to the Cover Date.     

Asian Criminology’s Expansion and Advancement of Research and Crime Control Practices

Inspired by Professor Jianhong Liu’s article entitled “Asian Criminology—Challenges, Opportunities, and Directions,” published in 2009 in the Asian Journal of Criminology, I attempt to document the expansion of Asian criminology in terms of the numbers of journal articles published, but also to encapsulate some of the unique contributions of original articles published in the Asian Journal of Criminology. To document the expansion of Asian criminology in terms of journal articles, I used the academic search engine, the ISI Web of Science, to identify criminology articles across a variety of Asian countries and time. This led to distinguishing between more traditional criminology and crime control (TCCC) articles and articles focusing on violence against women/children and on trafficking (VAWCT). Second, because it is not yet part of the ISI Web of Science, I read all of the original articles in the Asian Journal of Criminology to account for how Asian criminology is advancing the larger discipline of criminology. The ISI Web of Science data document the rapid expansion of Asian criminology. Some of the specific Asian Journal of Criminology articles are used to exemplify specific examples of how Asian criminology is advancing the field of criminology worldwide through theoretical, methodological and framing designs, and crime control practices.