Crime Control in the 2008 Presidential Election: Symbolic Politics or Tangible Policies?

Presidential candidates regularly use crime issues to help win electoral support. Contrary to conventional wisdom, crime control became an issue in the 2008 presidential campaign. Despite decreasing crime rates and public opinion focused only temporarily on illegal immigration, the three major presidential candidates (Obama, Clinton, & McCain) discussed many anticrime initiatives during the campaign. Unlike past research which has found presidential candidates use primarily symbolic rhetoric in their anticrime rhetoric, all three presidential candidates in the 2008 presidential election were found to have employed tangible statements. The article discusses the different findings, making recommendations for future research.     

State aid control in the modernisation era: Moving towards a differentiated administrative integration?

Despite contentions that state aid control is an instance of direct execution, the State Aid Modernisation (SAM) package has largely dispersed responsibility for giving effect to the common legal framework across national administrations. In this setup, the effectiveness of state aid law is confronted with asymmetric capacities, diffuse application of complex rules and difficulty in keeping dispersed powers under control. This article combines selected evidence on the operation of state aid control with a multidisciplinary analysis of the functioning of integration mechanisms in the European administrative space. The aim is to examine the potential effects of SAM. It contends that, while the reform has strengthened the Commission's dominance, the instruments of administrative integration might fail to secure adequate capacities and implementation performances at national level, due to constitutional constraints and opposing forces. This effect, it is argued, could be divisive, and risks undermining the integrity of the internal market.     

Is There a Crime Drop in Western Europe?

Combining data from police statistics and crime victim surveys, this article analyses the evolution of crime in Western Europe from 1988 to 2007. The results show that there is no general drop in crime. Property offences and homicide have been decreasing since the mid 1990s, while violent and drug offences have increased during the period under study. These trends highlight the limits of the explanations to the crime drop in the United States, which are based on the premise of a correlation in the evolution of all offences. The drop in property offences seems related to changes in the socioeconomic situation in Europe as well as to increases in security measures in households, and the reinforcement of private security. The increase in violent offences can be explained by the combination of several factors, including changes in youth’s free time provoked by the development of the Internet, changing demographics, and the rise of episodic heavy alcohol consumption and street gangs.     

Administrative justice in Wales: a new egalitarianism?

Administrative justice systems are under a variety of pressures, in particular austerity-inspired civil justice reform. I argue that such pressures do not necessitate the decline of administrative justice, and that a developing Welsh model has cross-jurisdictional appeal, especially to legal orders currently lacking a relevant organisational centre and joined-up approach. I examine the efficacy of existing conceptions of administrative justice and delineate a developing Welsh approach grounded in egalitarian principles. The nascent Welsh model emphasises reforming administrative justice hierarchies so that they work harmoniously with regulatory and value-promoting parts of the system, focusing on user perspectives and tackling the risks of less transparent forms of bureaucratic decision-making.     

When Love is a Crime: Is the Criminalisation of Same Sex Relations in Nigeria a Protection of Nigerian Culture?

Even though studies suggest that people do not have a choice about their sexual orientation since it is innate in them, some African countries including Nigeria continue to criminalise same sex conduct between two consenting adults. Before the administration of President Goodluck Jonathan passed the Same Sex Marriage (Prohibition) Act 2014 into law in Nigeria, there have already been laws in the country criminalising sexual relations between persons of the same sex. It appears that the Act of 2014 was motivated to show a resolve by the Nigerian government to clearly point out to certain sections of the international community, who at that time were lobbying for the decriminalisation of same sex relations in the country, that there was no intention by the Nigerian state to cave into any such demand. This paper re-examines the prohibition of same sex relations in Nigeria with a focus on whether the laws protect the culture of the Nigerian people or the moral ideals introduced by religion.     

White-Collar Crime in Socialism: Myth or Reality?

Previous research on the determinants of police expenditures has not risen to the level of empirical understanding in large part because it has failed to explain substantively important variation among local jurisdictions. This suggests a need to reevaluate research strategies and to examine closely those cases which cannot be predicted using traditional, social, economic, and environmental approaches. Incorporating deviant case analysis, the authors outline an alternative approach to determine whether policy maker variables should be added to more broadly based models.     

The Dark Figure of Online Property Crime: Is Cyberspace Hiding a Crime Wave?

A pronounced drop in crime, since the early 1990s, has encompassed every crime category tracked by the FBI’s Uniform Crime Reports, including property crime. However, over the same period, the rates of online property crime (OPC) have been on the rise according to available evidence. We delineate the extent of our knowledge and data concerning cybercrime and identity theft and, using data from several nationally representative victimization surveys, offer an alternative view of property crime trends while pointing out the glaring gap in crime reporting and accounting in relation to the growing category of property crimes perpetrated online. In addition, we compare estimated costs of traditional property crime vs. OPC. Finally, we identify the main challenges for obtaining reliable data on OPC and discuss their implications, especially when applying the traditional methods of compiling crime statistics.     

Is Terrorism a Crime or an Aggravating Factor in Sentencing?

Common law systems, in criminal cases, distinguish between theguilt/innocence proceedings and the sentencing stage. This isnot the case in civil law systems where criminal trial consistsof a single phase, combining the inquiry into guilt with sentencing.Under common law practice many facts relevant for sentencingare considered irrelevant at the stage of finding guilt forthe commission of the crime. Aggravating elements, therefore,address a fundamental distinction of substantive criminal lawbetween guilt and dangerousness: guilt is a determination ofresponsibility for a prior wrongdoing; dangerousness is a speculativefuture determination. The intensification of terrorist activityin the past few years has made terrorism one of today's mostpressing problems. But is terrorism a crime or an aggravatingfactor in sentencing? In this article, the author challengesconventional wisdom regarding the meaning of ‘terroristcrimes’, by providing a conceptual understanding of ‘terrorism’,as well as articulating a theory of guilt. Terrorists seldomexpress ‘guilt’. The word ‘terrorism’describes, instead, an overriding motivation, a way of acting,rather than the objective circumstances of acting. Terrorismis nothing but common crimes although committed with an overridingmotivation of imposing extreme fear on the nation as such. Theauthor presents the conceptual grounds of the phenomenon ofterrorism as it has evolved through history, before enquiringinto the meaning of ‘terrorist crimes’: the overridingmotivation associated with the concept of terrorism constitutesthe degree of cognate dangerousness of terrorist crimes.     

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”.

What Could a New Crime Commission Accomplish?

Even though the crime rate in the United States has dropped since the U.S. President's Commission on Law Enforcement and Administration of Justice under President Johnson issued its report in 1967, the total number of serious crimes in the nation has increased, and public concern about the subject remains high. The 1960s Commission did not fully consider several major subjects that have emerged after it reported, including mental illness, immigration, cybercrime and other white collar crimes, indigent defense, crime victims, and evidence‐based crime policy. Many observers believe that the need to deal with these subjects in addition to those discussed by other researchers in this volume warrants an examination of crime and justice by a new commission. Congress has considered proposals for such a study for nearly a decade, but they are yet to be acted on amid ideological disputes over other criminal justice issues. If Congress fails to establish a new commission, it is still possible that one could be formed with the support of state, county, and local governments, as well as with the support of private foundations.     

Violent Crime,Residential Instability and Mobility: Does the Relationship Differ in Minority Neighborhoods?

This study examines the reciprocal relationship between violent crime and residential stability in neighborhoods. We test whether the form of stability matters by comparing two different measures of stability: a traditional index of residential stability and a novel approach focusing specifically on the stability of homeowners. We also examine whether the racial/ethnic composition of the neighborhood in which this stability occurs affects the instability—violent crime relationship. To test the simultaneous relationship between residential mobility and crime we estimate a dual multivariate latent curve model of the change in the violent crime rate and the change in the rate of home sales while controlling for neighborhood socioeconomic and demographic characteristics using data from Los Angeles between 1992 and 1997. Results indicate that the initial level of violent crime increases the trajectory of residential instability in subsequent years, whether the instability is measured as homeowner turnover specifically, or based on an index of all residents. However, the effect of instability on violent crime is only apparent when measuring instability based on an index of general residential turnover and not when including the presence of owners in this measure, or when measuring it based on homeowner turnover. We consistently find that stable highly Latino communities exhibit a protective effect against violence.     

Marriage and Desistance from Crime in the Netherlands: Do Gender and Socio-Historical Context Matter?

Over the last two decades, research examining desistance from crime in adulthood has steadily increased. The evidence from this body of research consistently demonstrates that salient life events—in particular, marriage—are associated with a reduction of offending across the life course. However, previous studies have been largely limited to male samples in the United States. As a result, questions regarding the universal effect of these relationships remain. Specifically, research is needed to assess whether the desistance effect of life events like marriage varies by gender and/or socio-historical context in countries other than the U.S. The present research addresses these gaps by examining the relationship between marriage and criminal offending using data from the Criminal Career and Life Course Study (CCLS). The CCLS includes criminal conviction histories spanning a large portion of the life course for nearly 5,000 men and women convicted in the Netherlands in 1977. Because we assess change over multiple observations within and between individuals, we utilize hierarchical models to estimate gender and contextual effects of marriage on criminal offending (i.e., any, violent, and property convictions). Overall, we find consistent support for the idea that marriage reduces offending across gender and socio-historical context. Notably, we find that the reduction in the odds of offending due to marriage is significantly greater for individuals in the most contemporary context. The implications of these findings are discussed.