Crimes committed by terrorist groups: Theory,research, and prevention

Statement of Purpose: A decline in state-sponsored terrorism has caused many terrorist organizations to resort to criminal activity as an alternative means of support. This study examines terrorists' involvement in a variety of crimes ranging from motor vehicle violations, immigration fraud, and manufacturing illegal firearms to counterfeiting, armed bank robbery, and smuggling weapons of mass destruction. Special attention is given to transnational organized crime. Crimes are analyzed through the routine activity perspective and social learning theory. These theories draw our attention to the opportunities to commit crime and the criminal skills necessary to turn opportunity into criminality. Through these lenses, the research appraises the “successes” and “failures” of terrorists' engagement in crime. Because “failures” can result from law enforcement efforts to (1) interrupt criminal skill development, and/or (2) remove criminal opportunities via technologies and transportation systems, the research represents a best practices approach to the study and control of terrorism. This project was supported by Grant No. 2003-DT-CX-0002 awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.     

“Organized crime” and “organized crime”: Indeterminate problems of definition

Despite decades of effort, the search for a universal definition of organized crime has eluded both academics, criminal justice agencies, as well as international bodies. More than two decades ago, a content analysis of such definitional efforts by this writer (Hagan, 1983) noted that, while many writers, including those of textbooks, failed to supply explicit definitions of organized crime, some consensus was apparent. These earlier findings are explored and compared with updated content analyses of American criminology and criminal justice textbooks and organized crime textbooks. Also discussed are definitions offered by criminal justice agencies and those by international organizations. A distinction is made between “Organized Crime” groups and “organized crime,” activities by groups that are organized. This paper was presented at the Academy of Criminal Justice Sciences, Baltimore, Maryland, March 2006.     

Looking at terrorism through left realist lenses

While terrorism has moved into the spotlight of criminological study, including critical criminology, it has yet to be thoroughly explored from a left realist perspective. Left realism addresses four aspects of crime: causes of offending, impact on the victims, and both official and public responses to crime. A left realist approach to terrorism would argue that similar to those who engage in street crimes, many terrorists are socially or economically disenfranchised young men who become involved in terrorism through connections with similarly situated members of the fringe population, and “get tough” policies on terrorism will backfire. Four propositions of left realist theory organized by DeKeseredy and colleagues are presented and addressed through the extant literature, which offers partial support for a left realist explanation of terrorism.     

The fight against terrorism and crime in the context of National, Regional, and Global security

The large quantity of illegal drugs remaining in Afghanistan since the fall of the Taliban regime presents an opportunity for both drug dealers and terrorists. The potential for generating vast sums of money could lead to“ narcoterrorism,” sustaining and financing terrorism over the long term. Narcoterrorism is not specifically recognized as a crime in many countries, nor is“ state sponsored terrorism.” The Republic of Georgia is currently drafting legislation to do this. That project, described here, is managed by the National Security Council of Georgia and includes several tasks to determine the causes and nature of the threats as well as the development of tools to combat them.     

Organized criminal involvement in the illicit antiquities trade

From the ”glocal” perspective of a large sample of archaeologists conducting fieldwork throughout the world and working on the very sites of interest to looters, this paper explores the question whether and to what extent organized crime is involved in the theft and illicit export of archaeological resources. Two major findings are presented: first, archaeologists tend almost unanimously to consider that organized crime operates within the ‘global’ antiquities market, but when asked about their own personal experiences with looting on the sites where they work, many fewer report observations of organized crime; second, however, it is apparent that respondents’ conceptions of “organized crime” involve media-driven, stereotypical representations of mafia-style structures. Therefore, although in their reporting of observed local activities they do not provide substantial survey evidence of the presence of organized crime so defined, they do report appreciable “organization” among those who have looted their sites—which, again, they have almost unanimously experienced. This paper considers the implications of such findings for both the definitional debate on organized crime and the academic analysis of the trade in looted antiquities.     

Race and the death penalty in Kentucky murder trials: 1976–1991

This study re-examines the effect of race of the victim on the probability that an accused murderer is charged with a capital crime and sentenced to death in Kentucky. It adds over five years of data to our original study. The results show that Blacks accused of killing Whites had a higher than average probability of being charged with a capital crime (by the prosecutor) and sentenced to die (by the jury) than other homicide offenders. This finding remains after taking into account the effects of differences in the heinousness of the murder, prior criminal record, the personal relationship between the victim and the offender, and the probability that the accused will not stand trial for a capital offense. Kentucky’s “guided discretion” system of capital sentencing has failed to eliminate race as a factor in this process. An earlier version of this article was presented at the “Variations in Capital Punishment” panel, Academy of Criminal Justice Sciences, Chicago, IL. This paper is based upon a report that was developed in response to Kentucky Senate Bill 8 —Bias Related Crime Reporting passed by the 1992 Kentucky General Assembly. The authors wish to express their appreciation to the following persons who assisted in the development of this report: Fonda Butler of the Kentucky Justice Cabinet, Dale Helton of the Kentucky Department of Public Advocacy, Kathy Black-Dennis, Colleen E. Williams, and Bill Clark of the Kentucky Department of Corrections, and James Oakes, Greg Bucholtz, and Jeanne M. Fenn, our graduate research associates at the University of Louisville.     

The Crime-Terror Continuum: Tracing the Interplay between Transnational Organised Crime and Terrorism

Increasingly since the end of the Cold War and the subsequent decline of state sponsorship for terrorism, organised criminal activities have become a major revenue source for terrorist groups worldwide. Building on the precedent set by narco-terrorism, as it emerged in Latin America in the 1980s, the use of crime has become an important factor in the evolution of terrorism. As such, the 1990s can be described as the decade in which the crime-terror nexus was consolidated: the rise of transnational organised crime and the changing nature of terrorism mean that two traditionally separate phenomena have begun to reveal many operational and organisational similarities. Indeed, criminal and terrorist groups appear to be learning from one another, and adapting to each other's successes and failures, meaning that it is necessary to acknowledge, and to understand the crime-terror continuum to formulate effective state responses to these evolving, and periodically converging, threats.     

Introduction: Global Crime Today

International relations scholars and practitioners alike have paid increasing attention to how malevolent non-state actors like terror groups and transnational criminal organisations challenge the state and otherwise threaten secure and stable human relations. Scholars and experts have yet to agree on the existence, nature and scope of enduring alliances (or a nexus) between crime and terror groups. In this article, the author wades into the debate and offers a new perspective using an analytical framework rooted in James Rosenau's postinternationalist paradigm. Drawing on research gathered through a recently-completed comparative study of the crime-terror nexus, the article notes that two forms of the crime-terror nexus exist. Such bifurcation eclipses the more parsimonious view that criminals and terrorists only engage in marriages of convenience to further their methods but their motives maintain long-term separation. The articles concludes with suggestions on how to develop state policies that address all forms of the crime-terror nexus.     

The political-criminal nexus in the united states

Summary The 1967 Task Force Report on Organized Crime (TFR) found that “...all available data indicate that organized crime flourishes only where it has corrupted public officials.” 48 From that standpoint, neutralizing local law enforcement would appear to be central to criminal operations. That conclusion would depend on (a) how one defines “organized crime” and (b) the assumption that organized crime described by the Task Force covers all cases and species of it including what is referred to as “non-traditional” organized crime. A conclusion that seems unchallengeable in the Report is the observation that it was impossible to determine “the extent of the corruption of public officials in the United States.” The lack of information on this question was aggravated by the fact that many of those who provided information to the Task Force were themselves public officials.     

Toward “Safer” and “Better” Communities?: Canada’s Youth Criminal Justice Act,Aboriginal Youth and the Processes of Exclusion

After a decade of high incarceration rates, the Canadian Department of Justice has revised its approach to juvenile justice. Enshrined in the Youth Criminal Justice Act (YCJA), the renewed youth justice system stresses the importance and responsibility of community for crime control. While on the surface the state’s appeals to such programmes as restorative justice seem laudable, caution should be exercised in fully endorsing this approach. While community initiatives have been criticized for “widening the net of social control” and intruding state control deeper into social life, their exclusionary potential is perhaps more troubling. Following Derrida’s metaphysics of presence, I suggest that ‘community’ perpetually finds meaning in opposition to the other. In this environment, Aboriginal youth, who are among the most marginalized in Canadian society, will likely be the most unfavourably effected. This paper does not, however, entirely reject the Act’s appeal to community. Nevertheless, I argue that for meaningful challenges to contemporary constructions of community and youth justice to occur the discursive limits forced upon ‘community’ must be fractured and fashioned in ways that renounce homogeneity. We strongly believe the solution to youth crime is in the community. Give the community the ability to deal with it and they will (Canada 1997).     

Victimization and fear of crime in an entertainment district crime “hot spot:” A test of structural-choice theory

Theories of criminal opportunity and criminal victimization (lifestyles, routine activities, and structuralchoice) all stress the convergence of motivated offenders, suitable targets, and the absence of guardianship in time and space. They each assert the chances of victimization increase as proximity to motivated offenders, exposure to highrisk environments, target attractiveness, and ineffective guardianship increase. This study tests Miethe and Meier’s structuralchoice theory by examining domainspecific victimization and fear of crime among patrons of an entertainment district crime “hot spot. ”Regression results show both victimization experience and fear of crime are associated significantly with indicators of proximity and guardianship, but not with exposure or target attractiveness. White patrons of this area are more likely to be victimized, nonwhites report significantly higher levels of fear. The research for this paper was supported by Grant No. 97PRWX0298 from the Office of Community Oriented Policing Services. Findings and conclusions of the research reported here are those of the authors and do not necessarily reflect the official position or policies of the U.S. Department of Justice.     

The Internet, Technology, and Organized Crime

Digital technology has transformed organizational life. Developments in communications, and in information storage and retrieval, to name just two areas, have greatly enhanced the efficiency with which legitimate organizations operate. Unfortunately, the benefits of digital technology are not lost on criminal organizations, which exploit digital technology to enhance the efficiency and effectiveness of their own operations. This paper will discuss the organized criminal exploitation of digital technology, by looking at a number of illustrative cases from Asia and around the world. It will discuss the various types of “conventional” organized crime that can be facilitated by digital technology, as well as terrorism, which itself can be regarded as a special kind of organized criminal activity. One fundamental question that the paper will seek to address is whether the activities of Asian organized crime have become substantively different as a result of technology, or whether traditional organized criminal activities in Asia are merely being conducted on a more efficient and effective basis. The paper will note the transnational nature of much organized criminal activity, and will discuss mechanisms for the control of organized crime in the digital age.     

“Where's Whitey?”: Black Mass, ethnic criminality, and the problem of the informant

The essay is an interdisciplinary examination of the popular American tradition of organized-crime narratives based on the testimony of criminal informants. Primarily, it examines the most prominent current instance of this tradition: a book entitled Black Mass: The Irish Mob, the FBI, and a Devil's Deal (2000), depicting the recent scandal involving James “Whitey” Bulger. While this book is often received as a contemporary exposé of the ethical perils of informant use in combating organized crime, it actually reiterates the chronic interpretive pitfalls of more traditional “gangland” informant narratives like Murder, Inc. (1951) or Peter Maas's The Valachi Papers (1968). Black Mass's adoption of a classical “noir” literary form, meanwhile, imports certain traditional assumptions that often make these popular narratives immune to recent academic revisions: assumptions about the “Fordist” character of criminal organization, about the uncanny but invisible skills of modern ethnic gangsters, and about the relationship of the state to organized crime. Portions of this paper were presented at a conference hosted by the University of Chicago in May 2004: “Constructing the Current: Theorizing Media in a New Millennium”.     

White-collar crime and the justice department: The institutionalization of a concept

The sudden and unexpected incorporation of white-collar crime as a top investigative priority of the U.S. Justice Department of the 1970s is the focus of this inquiry. This pursuit of white-collar crime is especially problematic for instrumentalist and structuralist variants of conflict theory, which generally view the origins of law in terms of the interests of a ruling or capitalist class. This apparent contradiction between official concern for white-collar crime and instrumentalist and structuralist theories of law creation is examined in the context of the discovery of white-collar crime by the Justice Department. It is noted that in the process of operationalizing white-collar crime, the Justice Department transformed the traditional (Sutherland) definition of white-collar crime so that targeted offenders are not limited to the economic and political elite, but instead are drawn from all social classes. This modification of the definition has far-reaching implications for assessing the nature of the Justice Department's response to the problem of elite crime and provides insight into the ongoing theoretical debate on the origins of law.     

Nigeria

Conclusion Organized crime activities flourish in Nigeria because law enforcement is weak or nonexistent at all levels. The police were corrupt even before organized crime emerged in its present form in Nigeria. Since “corruption is necessary for the successful operation of organized crime,”⁹⁴ the structure and operation of the Nigerian police, together with the activities of corrupt heads of state and corrupt politicians, made Nigeria fertile ground for organized crime. When those who make the laws and those who enforce the law are shamelessly corrupt, then the entire society is cor-rupted. These leaders are supposed to be the role models of the younger generations in Nigeria. Instead, they represent what Gresham Sykes and David Matza have termed the “appeal to higher loyalty”—a technique for rationalization of wrongs by under-privileged elements of Nigerian society who willingly engage in criminal activity.     

Organised Criminals as “Agents of Obligation”: The Case of Ireland

Relying on Brown's (2005a, b) thesis that contemporary shifts in penal policy are best understood as a reprisal of colonial rationality, so that offenders become “non-citizens” or “agents of obligation”, this article argues, firstly, that this framework (with certain important refinements and extensions) finds support in developments in Irish criminal justice policy aimed at offenders suspected of involvement in “organised crime”. These offenders have found themselves reconstituted as “agents of obligation” with duties to furnish information about their property and movements, report to the police concerning their location and, importantly, refrain from criminal activity or face extraordinary sanctions. Secondly, it is submitted that this draconian approach to the control of organised crime is built on false premises; specifically the idea that “organised crime” as such exists and is best controlled through restrictions on the freedom of key groups or “core nominals”.     

Beware the razorwire: Psychology behind bars

Nearly 2 million people are incarcerated in federal, state and local correctional facilities in this country. Individuals with serious mental disorders increasingly fill these ranks. The roles psychologists and other mental health professionals adopt while working with this population can become an issue of silent consternation. As a point of departure, some (e.g., Levinson, 1985) have suggested that psychologists rightly function as institutional mediators of conflict, a virtual Marcus Welby of the collective correctional “psyche”. In practice, it is not uncommon for some clinicians to retreat from this approach and do little, or conversely, march in one hundred directions at once. The authors suggest that as psychology service delivery has matured in the past few decades this latter, well-intentioned but unrealistic position should be reconsidered. We suggest that greater depth and definition in the area of forensic psychology, coupled with recently developed ethical and professional standards of care, may serve to guide the clinician when providing services “behind bars”. Authors' Note: The views expressed in this article are solely those of the authors and may not reflect the opinions of the United States Department of Justice, Federal Bureau of Prisons, Texas Department of Criminal Justice, other state or local criminal justice agencies, or the University of Texas at Austin.     

Evaluating small town policing: Methodological issues

This research provides helpful information for those who evaluate police performance. While researchers commonly espouse the merit of using more than one form of research police evaluation often involves citizen surveys exclusively. Demographic factors and the “halo effect” can influence police evaluations, particularly in rural communities which are especially vulnerable to political agendas and personal relationships that can skew survey data. Our research finds that while citizens generally evaluate police favorably, a high percentage of “don't know” responses suggest that citizens are not prepared to evaluate all aspects of police services. Furthermore, police evaluator observation reveals that police services were inadequate, both within the organization of the department and the patrol practices. Finally, some questions, not traditionally included in police evaluation surveys reveal high levels of fear among citizens. These inconsistencies question the exclusive use of citizen surveys and may indicate indirect evidence of a “halo effect”. A conscientious effort to combine quantitative and qualitative measures may better capture relevant information concerning the quality of police services. Authors' Note: Loreen Wolfer, Ph.D., and Thomas E. Baker, M.S., M.ED., are Assistant Professors in the Department of Sociology/Criminal Justice, University of Scranton, Scranton, PA 18510. This research was supported by a federal grant, number, ORI# FBI ID # PA 040-2500, U.S. Department of Justice (Office of Community-Oriented Policing Services (COPS). Points of view or opinions expressed here do not necessarily represent the official position of U.S. Department of Justice, National Institute of Justice or the COPS office     

Corruption and organized crime: Lessons from history

The intention of this paper is to serve in part as a warning to the international community concerned about corruption, to keep the focus based on the critical analysis of empirically verifiable information. In ways similar to how theorists spoke about organized crime in the 1960's and 1970's, articles today attempt to refer to corruption as if there were one agreed upon definition. However, like the concept “organized crime”, the term “corruption” involves diverse processes which have different meanings within different societies. Corruption (or a focus on corruption), may be the means toward very diverse ends and each may have a different impact on the society. While in some societies corruption may correctly be seen to be the “cause” of forms of social disorganization, in other situations corruption may be the “result” of larger changes. Understanding the processes within a specific context allows one to understand the nature of the corruption. Corruption rhetoric may too easily become apolitical platform for ranking and evaluating nations as to their worth based on criteria that lose meaning when applied across jurisdictions. This revised version was published online in August 2006 with corrections to the Cover Date.     

Attrition and Conviction Rates of Sexual Offences in Europe: Definitions and Criminal Justice Responses

The “loss” of cases within the criminal justice chain, especially from police to conviction level is known as attrition – a phenomenon that can be observed in every criminal justice system and for every offence type. But is this attrition particularly strong for sexual offences as theories based on the so-called “rape myths” suppose? This question is dealt with by this paper; it studies the different conviction ratios of sexual offences in Europe and tries to evaluate the resulting findings. The data presented are based upon the work done by the expert group for the European Sourcebook (ESB) of Crime and Criminal Justice Statistics and a special EU-funded project on "Defining and Registering Criminal Offences and Measures, Standards for a European Comparison". In order to gain a basis for comparison, the differences between the national legal concepts and definitions are discussed. Then attrition and conviction rates (understood as the ratio of suspected to convicted persons) are examined, firstly for different crime types in order to show the relative importance of attrition in the field of sexual offences, secondly with a special focus on rape, sexual assault and sexual abuse of minors in some European countries. Beyond these mere statistical data the question whether there are particular reasons for the selection process in cases of sexual offences is raised.