Criminological theory and organizational crime

To understand the circumstances that lead to organizational crime, we need to consider the insights of strain theories on the distribution of legitimate and illegitimate opportunities, of labeling theory on the way stigmatization can foster criminal subculture formation, of subcultural theory as applied to organized business subcultures of resistance to regulation, and of control theory. It is contended that an integration of these perspectives into a theory of organizational crime is possible; a continuity can be established with the mainstream traditions of criminological theory in the domain of organizational crime. Thirteen propositions are advanced as a basis for building such an integrated theory. The key to this attempt as synthesis is the notion of differential shaming—the shaming from organizational cultures of compliance versus the shaming from subcultures of resistance to regulatory law.     

Policing organized crime

Conclusions Recent criminological research in the Netherlands underscores the fact that organized crime is embedded in society and the overall picture makes it clear that police emphasis on a crime fighting model of the police, based solely on criminal law will not be entirely effective. Therefore, the Twente police force developed a new strategy of policing organized crime in their region. This strategy is based on criminological knowledge and on the approach of community policing: preventive, pro-active and integrated actions taken by various partners of the police in order to reduce illegal activities of organized crime groups. This strategy, however, can only succeed when two conditions are satisfied. First, this approach can only function in an open democratic society in which numerous public and private organizations and the public feel responsible for the emergence of organized crime in their environment. Secondly, the police force and their partners must be (relatively) free of corruption. This implies that this strategy can only be effective in societies in which organized crime has not deeply penetrated democratic institutions and business organizations. Respectively Commissioner of Police and head of the Division Organized Crime of the Twente Police force and Professor of criminology and director of the International Police Institute (IPIT) at the University of Twente. PO Box 217, 7500 EA Enschede, The Netherlands. We would like to thank Alexis Aronowitz of the IPIT for her comments on an earlier draft of this paper and for her grammatical corrections, as well as the members of the editorial committee for their suggestions for improvements.     

The Russian Far East’s illegal timber trade: an organized crime?

Transnational environmental crime is a global problem encompassing not only criminal violations of the law, but harms against the environment and the people reliant upon it as a natural resource. Grounded in the green criminological theory of eco-global criminology, this paper explores the transnational environmental crime of the illegal timber trade in the Russian Far East unpicking the threats to ecological well-being and the global nature and impacts of this crime. In researching transnational environmental crime, it is crucial to uncover the distinct local and regional variations of the forces at play; for this paper that means analyzing the role of organized crime and corruption in Russia’s timber black market. This information was obtained by using the current literature and interviews with Russian and international experts in order to uncover the role of these actors in the harvesting, smuggling and selling of timber. From this exploration, a structure of the illegal timber trade in this region is proposed including at which points along the black market chain organized crime and/or corruption are involved. Additionally, from an eco-global criminological foundation this paper analyzes the consequences to Russia’s people, its environment and the global community if the illegal timber trade is to continue in its current state.     

Facilitating corruption and human rights violations: the role of international financial institutions

The connection between corruption and the suppression of human rights has been recognized by scholars of human rights, state and state-corporate crime, non-governmental organizations, the United Nations as well as various governments. Scrutiny of governmental and/or regime corruption has been a primary focus, in relation to barriers and/or violations of human rights. Additionally, multinational companies’ complicity in corruptive policies and practices has raised concerns, in particular in the arms and natural resources sector. Glaringly absent, however, within the criminological literature are discussions of, and research on, the role of international financial institutions (IFIs) in relation to high levels of state corruption, save for the relatively little criminological research that has explored how cooperative endeavors between international financial institutions, transnational corporations, and states often result in demonstrably harmful activities as a result of structural adjustment policies. As such, it seems appropriate to consider how certain components and/or policies of IFIs facilitate rather than constrain corruptive practices by regimes, militias, paramilitaries, and transnational corporations. Such an exercise is not only important for its etiological contributions, but also to draw criminological attention to this phenomenon and because these organizations have stated a commitment to reducing state level corruption. I hope to extend the focus and insights of criminological analysis of crimes of globalization herein.     

Advancing Science and Research in Criminal Justice/Criminology: Complex Systems Theory and Non‐Linear Analyses

For over a century, criminological research has been able to explain a consistently small amount of the variation in crime. It is plausible that the problem with criminological theory is not in the theory but in the analysis. Complex systems science (CSS) attempts to examine data in a different way – often making the most of error data discarded by linear analyses. This paper addresses the viability of using CSS in criminological research. An example is drawn from social disorganization theory to demonstrate the ability of CSS to explain crime at the neighborhood level. The result is a new theory called Ecodynamics Theory, developed by combining the elements of neighborhood research with complex systems analyses. The implications of this theory to increase the efficacy of criminological research are discussed.     

中国的熟人社会与有组织犯罪的组织性特征

从公开数据可以看出,现阶段中国有组织犯罪成员以当地人为主,外地人所占比例受外来人口数量影响,成员之间关系多为熟人关系。之所以如此,原因在于长期以来中国是一个差序格局下的熟人社会。在此影响之下,现阶段中国有组织犯罪组织性表现出组织规模容易发展壮大,组织对外＂凝聚力＂相对较强,组织内部结构相对松散,组织的核心圈为当地人,外地人往往处于外层等特征。随着社会发展,中国正逐步由熟人社会向半熟人社会转变,有组织犯罪在未来则将出现组织严密性增强、组织人员组成越发复杂、核心圈和外层人员组成差异不再明显等趋势。有组织犯罪的这些组织性特征决定了对其必须＂打早打小＂。     

Sociolegal change in consumer fraud: From victim-offender interactions to global networks

Advances in technology have transformed fraud against consumers from face-to-face, victim-offender interactions to a crime that now transcends international boundaries. Although consumer protection issues have been of interest to investigative journalists and literary scholars for centuries, the topic has only recently been subject to serious criminological inquiry. Employing the American consumer protection movement as an historical framework, we examine the evolution of consumer fraud. Our review documents that progressive social and legal changes in consumer protection and corporate regulation, as well as developments in criminological research, correspond to prominent literary exposés of the time. In today's technological age, such a reactive response to consumer fraud is neither efficient nor effective. Contemporary criminologists need to simultaneously address the questions of ‘how’ fraud is perpetrated and ‘why’ it occurs. Toward this end, we identify methodological strategies and data sources to promote empirical and theoretical understanding of consumer fraud, and to ultimately contribute to multi-national crime control policy.     

影像中的有组织犯罪亚文化——以香港黑社会题材电影为例

文化是一个十分模糊的概念，但它的表现形式十分具体。研究跨国有组织犯罪的角度可以有很多，其中黑社会组织犯罪的文化形式可以是其一。作为一种传播广泛的媒体形式，电影与文化生活的互动频繁。以黑社会为题材的电影是华语电影的重要组成部分，其中属香港涉黑题材电影最为典型。电影投射出的黑社会组织犯罪有许多符号，较为突出的包括神秘、“义”、身份认同、崇尚暴力和拜金。而这些只是现实中的香港黑社会组织犯罪亚文化的抽象与简化。尽管如此，研究涉黑题材的香港电影还是能从一个侧面了解现实中的黑社会组织犯罪，回答为什么黑社会摆明了是有组犯罪的姿态却仍然让有些人加入而深陷其中的问题。     

On an entrepreneurial criminology of mass political violence

This article examines an entrepreneurial criminology of mass political violencewithin the broader set of criminological communications on this theme, and identifies some troubling dimensions of the criminological closures on which the enterprise rests. The criminological enterprise over mass political violence testifies to ambitions of external expansion at the expense of other social scientific analyses, that are represented as ill-qualified for the study of this particular object, while evacuating from its conception of criminology intellectual traditions averse to the promotion of criminalization as a means to constitute and respond to troubling events. The normative values advanced in enterprising calls seem to have led to a failure to submit certain assumptions to rigorous intellectual (and political) critique. The result is an analytic conservatism that, perhaps unwittingly, reinforces dominant assumptions about crime, as well as an uncritical adoption of liberal internationalism and western cultural dominance.     

有组织犯罪“打小”从一般违法开始——兼论司法打击与行政处理的配合价值

有组织犯罪作为犯罪的高级形态,其组织严密,危害严重。由于其具有很强的自我保护能力,导致发现不易,查处困难。有组织犯罪的组织化程度愈高,形式也日趋公司化、企业化,手段日趋现代化,犯罪的领域也愈趋扩大。因此,选择最优的手段治理有组织犯罪势在必行。无论是历史的经验还是现实的选择,打击有组织犯罪都要＂打早＂、＂打小＂,从一般违法开始,力求将其遏制在萌芽之中。这既可以避免或减少危害,又可达到投入少,效果好地遏制有组织犯罪的目的,而这尚需相关法律规则的完善与观念的支撑。     

The ‘Groundhog Day’ of the Human Trafficking for Sexual Exploitation Debate: New Directions in Criminological Understanding

This paper considers the intellectual framework that is used to understand human trafficking and the limitations that it imposes on the criminological study of this phenomenon. First, there is a brief historical perspective which allows for comparisons between current debates and the moral crusades of the Victorian/Edwardian social purists. The contemporary focus on trafficking for sexual exploitation, rooted in Victorian/Edwardian construction has, the authors argue, narrowed the policy remit and the criminological investigation into human trafficking. The paper then proceeds to address the interaction between these enduring (historical) myths, the role of trans-national organised crime and the constraining effects of the contemporary intellectual framework. It is argued that in order to challenge the cyclical nature of the debates, it is necessary to make redundant the use of the term human trafficking and to widen the criminological lens through which we consider the problem. In doing so, we hope to highlight those groups whose experiences are missing or marginalised in the current construction of the problem and urge a reconsideration of the way in which criminology approaches this issue.     

Indigenous People,Organized Crime and Natural Resources: Borders,Incentives and Relations

This article explores the relationship between the Emberá–Wounaan and Akha Indigenous people and organized crime groups vying for control over natural resources in the Darién Gap of East Panama and West Colombia and the Golden Triangle (the area where the borders of Laos, Myanmar (Burma), and Thailand meet), respectively. From a southern green criminological perspective, we consider how organized crime groups trading in natural resources value Indigenous knowledge. We also examine the continued victimization of Indigenous people in relation to environmental harm and the tension between Indigenous peoples’ ecocentric values and the economic incentives presented to them for exploiting nature. By looking at the history of the coloniality and the socioeconomic context of these Indigenous communities, this article generates a discussion about the social framing of the Indigenous people as both victims and offenders in the illegal trade in natural resources, particularly considering the types of relationships established with dominant criminal groups present in their ancestral lands.

     

Transnationalisation, Orientalism and Crime

The paper begins with the question: how applicable are European and North American criminological theories to the situation in Asia? It takes a transnational and comparative perspective in relating contemporary and historical trends in crime, crime definition and crime control in a variety of Asian countries that comprise the so-called Confucian sphere. It provides a criminological critique of the ‘Asian values debate’ and, through an analysis of trends in crime, crime definition and crime control in China and Japan, of organised crime across the region, as well as selected examples of state-organised crime, seeks to provide a perspective on the developing criminological discourses of ‘the Orient’. The paper argues that, although cultural aspects are important and interesting in understanding the crime situation in the region, ultimately it is changes in politics and governance, economy and society that are most efficacious in explaining current criminological trends and developments.     

有组织犯罪的刑事责任与刑罚问题研究

有组织犯罪已成为各国各地区立法、司法部门以及刑法理论界普遍关注的问题。本文主要就有组织犯罪的刑事责任 ,包括犯罪组织内部个人刑事责任的承担及犯罪组织的刑事责任问题进行了讨论 ,并对我国刑法关于有组织犯罪刑罚的规定提出了一些修改完善的建议。     

Re-visiting Mr. Nice. On organized crime as conversational interaction

Studies of organized crime often seem to have focus almost exclusively on its functionality and rationality. Many researchers tend to construct organized crime as an object, and then to find relations between ‘it’ and its environment. The focus then is on organized crime as a goal-driven object. This view holds that success in crime depends on the roles and tasks people assume. It equates success in crime with functional secrecy and obedience, and therefore with stability. Researchers are seldom interested in everyday, informal elements and events such as coincidental encounters that may occur in everyday life, or personal relationships which have no direct connection with criminal activities. Inspired by the work of Watts and Strogatz [84] and Stuart Kauffman [38, 39], this paper attempts to suggest a complementary perspective on organized crime. The focus here is on the messiness and unpredictability of everyday relations and interactions. This paper illustrates the usefulness of this alternative perspective through a re-reading of Howard Marks’ ego-document which was analysed earlier by Carlo Morselli in his work on network dynamics and criminal career opportunities.     

Sexual Violence Against Women Through the Lens of Environmental Criminology: Toward the Accumulation of Evidence-based Knowledge and Crime Prevention

Sexual violence against women is a serious problem worldwide. In this study, we organize and critically review previous empirical studies on sexual offenses against women through the lens of environmental criminology. For this purpose, we use the questions asked by environmental criminologists/crime analysts in the study of crime events; that is the: who, what, where, when, and how this phenomenon typically occurs. Based on the current state of the criminological research literature, we then provide a discussion on the prevention of sexual offenses against women drawing on a situational crime prevention framework. By engaging in this exercise, we argue that environmental criminology can substantially contribute to understanding and informing prevention practices in the field of sexual offenses against women.     

Organized crime: A social network approach

This article applies the anthropological approach of social networktheory to the study of organized crime in its local, domestic and transnational contexts. It argues that a social network approach transcends existing criminological paradigms like organizational, patron-client and enterprise theories in that it emphasizes a common supposition held by each paradigm – that human relationships form the basis for organized criminal activity. By understanding the dynamics behind these relationships and the networks they create, one can subsequently gain a clearer picture of organized criminalactivity across time, space and culture.     

Criminology and the sociology of organizations

The sociology of organizations offers conceptual tools that can be used bycriminologists. The logic of crossing intra-disciplinary boundaries to borrowconceptual tools rests in the analogical properties of structure and processacross social settings that are fundamental aspects of all social organization.Analogy itself is underrecognized and used as a tool for conceptual thinkingand analysis in sociology. In this article, I give examples of theories andconcepts from the sociology of organizations that can usefully be appliedto substantive criminological problems. Then I compare family violence andcorporate crime as examples of organizational misconduct, foregroundingthe organizational setting in order to examine links between micro-, meso-,and macro-levels of analysis. These two exercises demonstrate thatincorporating organization theory into criminological research can providenew insights in data analysis of substantive problems, build toward generalsociological theory, and toward integrative general criminological theorythat escapes the levels of explanation problem.     

Organized crime or crime that is organized? The parrot trade in the neotropics

The illegal wildlife trade is one of the most profitable illegal industries in the world, only behind the trafficking of drugs, guns, and humans. Because of the relative ease in poaching wildlife combined with the possibility of high profit margins, many assume that organized crime is heavily linked to the trade. One group of species that is poached, trafficked and sold in illicit markets throughout the world are parrots. While some have claimed organized crime groups are involved in the trade, parrot experts contend there is no evidence of organized crime being involved. The purpose of this paper is to examine the structural organization of the illegal parrot trade in the neotropics to determine if the trade is driven by organized crime or if it is a simply a crime that is organized. The following study is based on 38 interviews with parrot poachers, middlemen, wildlife market sellers, and others knowledgeable on the trade in multiple cities within Bolivia and Peru to better understand the organization of the trade. The results garnered from these interviews do not support the notion that organized crime is involved in the illegal parrot trade in either country. The vast majority of participants are freelance operators where there appears to be no formal organization between or amongst those operating in the parrot trade. Implications of findings are discussed.