The roots of Russian organized crime: from old-fashioned professionals to the organized criminal groups of today

This study focuses on the development of persons and organizations in the successor states of the Soviet Union, with an emphasis on Russia. It examines the development of criminal professionalism in Russia between the seventeenth and nineteenth centuries and argues that exiling peasants to Siberia contributed to the development of a criminal underworld and the creation of a professional criminal underclass. In the early to late Soviet periods, vory v zakone, or “thieves-in-law,” evolved together with criminal groups as a means to survive in the GULAG, these criminal groups operating within the Soviet prisons and penal colonies. Inadequacies of the Soviet system of central planning led to the criminalization of the Soviet economy and the emergence of the thieves-in-law as critical players. Activities such as racketeering, robbery, and other crimes were dangerous but predominantly secondary. The roots of the Russian mafia lie in the innermost depths of the Russian shadow economy. Some of the key aspects of the post-Soviet privatization process are analyzed together with the interaction between various levels of the Russian government and organized crime groups. It is argued that the state was not corrupted by organized crime groups, but rather the organized crime groups became the state. In the new Russia, organized crime groups and corrupt government executives work together to generatea new criminal state.     

Transnational organised cyber crime: distinguishing threat from reality

Cybercrime has become an integral part of the transnational threat landscape and conjures up pressing images of nefarious and increasingly complex online activity. More recently, the concept of ‘organised crime’ has been attributed to cybercriminality. There has been subsequent disagreement and confusion concerning whether such crime is a derivation of traditional organised crime or an evolution of such crime within the online space. This opaque state of affairs has been exacerbated by the relative lack of clear evidence attesting to and supporting either scenario. Technological advances have always been used to the advantage of the criminal fraternity. The crucial question that remains is whether those advances have merely facilitated the commission of physical crime or whether in fact they have led to the creation of a new wave of traditional, but virtual, organised crime.     

Reimagining Sutherland 80 years after white‐collar crime*

Eighty years ago, Edwin H. Sutherland conceptualized and defined white‐collar crime. In this article, I engage retrospectively with Sutherland's ideas and work to emphasize important aspects that continue to guide research today; to note where he was prescient as well as shortsighted. I center this discussion around “corporate crime” or crimes by business. Four main themes are discussed: 1) law and official responses to corporate offending—the data problem, 2) corporate crime and the life cycle of organizations, 3) psychological and trait‐based explanations, and 4) consequences of definitional ambiguity.     

关于创设“继任犯”理论的构想

基于封约三年内先後出现的三个类似疑案的研究，笔者首次发现了这类犯罪是除犯罪预备、犯罪未遂、犯罪中止之外的又一种“不完整一罪”犯罪形态，首次提出了“继任犯”理论，有效解决了“继任犯”定罪乱、处罚乱问题。     

Drugs and crime revisited

The relationship between drugs and crime is investigated, building on previous research by Huizinga, Menard, and Elliott and by Goldstein and his colleagues. The previous research is extended by examining the relationship between drugs and crime at different stages of the life course, adolescence and early adulthood; by extending the age range used in previous research by Huizinga and colleagues; and by examining the impact of adolescent substance use and illegal behavior on adult substance use and illegal behavior. The results are consistent with past research in finding that (1) for initiation, the “drug use causes crime” hypothesis is untenable because crime typically is initiated before substance use; (2) more serious forms of crime and substance use usually are initiated after minor forms of those behaviors, and rarely in the absence of such behaviors; and (3) once crime and substance use are initiated, each appears to increase the likelihood of continuity of the other or (equivalently) to reduce the likelihood of suspension. Beyond results from prior research, it also appears that (4) crime and drug use are more closely related in adolescence than in adulthood, and that (5) examination of the transition from adolescence to adulthood suggests that the most plausible conclusion is that drugs and crime are related by mutual causation: crime affects drug use and drug use affects crime.     

An incipient taxonomy of organised crime

This article constructs a taxonomy of organised crime groups. It examines the existing literature and finds a sizeable gap in relation to the classification of organised crime groups. The article uses concepts from Weberian sociology to divide groups according to their primary motivations. Such a taxonomy can help develop understanding in the field of organised crime, and potentially allow for the development of more effective counter measures.     

The incantations of the EU organised crime policy making

This article provides an analysis of the knowledge base of organised crime assessments and policy making in the European Union. It is argued that the current European organised crime (threat) assessments are no reliable and relevant instruments to make meaningful statements about organised crime. The data collection system of the current assessments is defective and to a large extent dependant on what Member States decide to disclose and not based on clear developed concepts, definitions and methods. There is no discernable “counting unit” as a basis for deducing threats or risks. More fundamental: the definition or criteria list used is defective, providing no basis for further deductions or conclusions. The conclusions of the open versions of the European reports are of a very general nature, not substantially different from what can be found in open sources. Though European decision making claims to be founded on these assessments, it looks more like a ritual incantation than a knowledge based process.

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Organized crime control: The limits of government intervention

This article explores generally prevailing explanations of organized crime in the United States, chiefly the “parasitic” and “symbiotic” models, and offers in their stead a synthesis of these two, called the “functionally exploitative” model. According to this model, law enforcement policies and strategies affect conditions in the illicit market. The proper role of law enforcement is to allocate scarce resources in accordance with the greatest “social good.” This may occur by either reducing the supply of or demand for illegal goods by allowing a monopoly to exist in the illicit market, or it might be by allowing competition. The article concludes that eliminating organized crime could destroy a cherished American principle—the freedom from government intervention. The goal of law enforcement is to maintain balance between the obligation of government to maintain its legitimacy and the civil rights of citizens.     

巨额财产来源不明罪证明责任实证分析-以100例司法裁判为研究样本

巨额财产来源不明罪证明责任的司法适用分歧,折射了关于证明责任和无罪推定之间关系认识的模糊不清。巨额财产来源不明罪中被告人应当承担的证明责任,不宜理解为“提供证据的责任”,而应阐释为“较大可能性”或“优势证据”标准的“说服责任”,这一结论的得出,是基于无罪推定原则的合理限制角度,充分考虑该罪立法目的以及在我国的司法适用情形,从比例原则的角度进行的正当性考量。     

Race, urban governance, and crime control: creating model cities

In the late 1960s and early 1970s, the city of Seattle received federal Department of Housing and Urban Development “Model cities” funds to address issues of racial disenfranchisement in the city. Premised under the “Great Society” ethos, Model cities sought to remedy the strained relationship between local governments and disenfranchised urban communities. Though police-community relations were not initially slated as an area of concern in the city's grant application, residents of the designated “model neighborhood” pressed for the formation of a law and justice task force to address the issue. This article examines the process and outcome of the two law-and-justice projects proposed by residents of the designated “model neighborhood”: the Consumer Protection program and the Community Service Officer project. Drawing on the work of legal geographies scholars, I argue that the failure of each of these efforts to achieve residents' intentions stems from the geographical imagination of urban problems. Like law-and-order projects today, the geographical imagination of the model neighborhood produced a discourse of exceptionality that subjected residents to extraordinary state interventions. The Model cities project thus provides an example of a “history of the present” of mass incarceration in which the geographical imagination of crime helps facilitate the re-creation of a racialized power structure.     

Violence as unresponsiveness: Toward a new conception of crime

A theory of crime and violence as “unresponsiveness” was inferred by translating concepts of American criminology into Norwegian. According to this theory, punishment of offenders is a product of a criminality that the punishers share. Reducing crime and violence entails decentralizing and democratizing government. The practice of criminology—testing propositions about crime and violence—becomes problematic.     

The phantom and threat of organized crime

Organized crime is often perceived in terms of extended, hierarchical crime “families” that extend not only their activities but also their authority structures across national boundaries. However accurate such a view may or may not have been in the United States, where it originated, evidence from a Dutch survey of organized crime enterprises reveals a different picture. For organized crime in northwestern Europe, it is more helpful to think of crime markets of two kinds: those in which the goods and services are themselves forbidden, and those in which legal goods and services are handled in illegal ways. Case studies of the drug trade, and of organized crime in the business realm, offer a detailed look at these two kinds of markets. The evidence suggests that while organized crime enterprises conduct trade across national boundaries, they do not constitute an international authority structure. Crime entrepreneurs constitute a challenge, not to the basic structure of society itself, but rather a more subtle kind of challenge to basic values and morals, particularly when criminal enterprise is linked to power at higher levels of society.     

Governing crime and violence in Latin America

ABSTRACT

The last two decades turned Latin America into one of the most violent regions in the world. While previously, violence in the region has predominantly been associated with state repression and military dictatorships, the “new violence” that emerged since the mid-1990s is predominantly criminal. Related research has been mostly problem-driven, implying that the focus has been on how to improve security governance in the region. The multiple ways in which governance itself is both shaped by as well as contributing to the pervasiveness of this “new violence,” has remained uncharted. This article offers an analytical framework, inspired by the literature on governance, for assessing this issue. To this end, it highlights different modes and instances of governance with, by, and through crime (and violence) in the region. In doing so, the article offers a contextualization for this special issue as well as an overarching analytical framework for the individual contributions.     

Newsmaking criminology: Reflections of the media,intellectuals, and crime

Although academicians in criminology and criminal justice have come to appreciate the importance of the media in constructing ideological images of crime and punishment, apparently they have not considered how to use mass communications for the purposes of informing, interpreting, and altering those images to reflect more realistically the social, political, and economic conditions of crime and social control. Beginning with an analysis of the relationships among the developing political economy of the mass media, intellectuals, and conceptions of crime and justice, this essay introduces a criminological practice that can take advantage of the available opportunities in the production of crime news. I call this practice “newsmaking criminology.” It refers to the conscious efforts of criminologists and others to participate in the presentation of “newsworthy” items about crime and justice.     

Crime in transition: The post-Communist state, markets and crime

Given that the state was central to the Soviet Communism, the paths and practices of its transformation need to be carefully studied. This article probes the emerging dimensions of a new state-market-crime nexus. It explores processes leading to a substantial merger betweebn the transforming state and new, controlled markets, whereby both are shaped and suffused by state/corporate criminal organized interests. These processes confound the traditional dilemma of `too much' or `to little' state as the state and law are simultaneously undetermined and fortified, dwarfed and augmented, supplanted and made indispensable by the quasi marketization of corruption, crime, security and surveillance. This article serves as an introduction to the papers collected in the present volume.     

Cybercrime jurisdiction

The principles that govern a sovereign’s exercise of jurisdiction to prohibit conduct and to sanction those who violate such prohibitions are well-established as to conduct occurring in the real, physical world. These principles evolved over the last several millennia, as law increased in sophistication and life became more complex. Real-world crime is, almost exclusively, a local phenomenon; the perpetrator(s) and victim(s) are all physically present at a specific geographical point when a crime is committed. The principles that govern the exercise of criminal jurisdiction are therefore predicated on the assumption that “crime” is a territorial phenomenon. Cybercrime makes these principles problematic in varying ways and in varying degrees. Unlike real-world crime, it is not physically grounded; cybercrime increasingly tends not to occur in a single sovereign territory. The perpetrator of a cybercrime may physically be in Country A, while his victim is in Country B, or his victims are in Countries B, C, D and so on. The perpetrator may further complicate matters by routing his attack on the victim in Country B through computers in Countries F and G. The result of these and other cybercrime scenarios is that the cybercrime is not committed “in” the territory of a single sovereign state; instead, “pieces” of the cybercrime occur in territory claimed by several different sovereigns.     

From tong war to organized crime: Revising the historical perception of violence in Chinatown

An analysis of New York City press accounts and official documents from 1894 to 1908 challenges many assumptions about Chinese organized crime in the United States. Contrary to conventional wisdom, this analysis provides strong evidence that Chinese organized crime is neither “emerging” nor “nontraditional” and that it predates, in structure and sophistication, organizations of other ethnic origins later recognized as “modern” organized crime by academics, the media, and the government. A qualitative, document-based case study of the first “tong war” between the Hip Sing Tong and the On Leong Tong (1899–1907) shows that both organizations were heavily involved in a multiethnic social system of organized crime that extended across the United States and to China itself. The turn-of-the-century tongs were involved with police and political corruption, labor racketeering, price fixing, prostitution, gambling, immigrant smuggling, slavery, drug trafficking, and violent crimes. They are still associated with these activities.     

Reducing and preventing organised crime: An evidence-based critique

Theory and practice in crime prevention and crime reduction have developed and changed significantly, but attention has been focused largely upon conventional forms of crime (especially street crime) and upon situational approaches to their reduction. Drawing on research with a variety of relevant organisations across Europe, this article explores the possibilities of developing more effective crime reduction strategies in respect of organized crime, an area in which (despite important exceptions, particularly in relation to financial regulation), law enforcement rather than prevention has continued to dominate the thinking and the practical responses of the police and other relevant agencies. It illustrates the difficulties of evaluating prevention in the many areas in which data quality on crime levels and their organisation are poor, but also gives examples (mainly financial crime) where private sector data quality are good enough to demonstrate effectiveness. It differentiates impact on crime from impact on the organisation of crime, and between market crimes involving voluntary vice and predatory crimes involving direct harm to victims, concluding that current performance indicators for enforcement agencies may need substantial revision if the focus shifts to organised crime reduction.     

What Does It Mean to Control Migration? Soviet Mobility Policies in Comparative Perspective

The migration policies of the former Soviet Union (or USSR) included a virtual abolition of emigration and immigration, an effective ban on private travel abroad, and pervasive bureaucratic controls on internal migration. This article outlines this Soviet package of migration controls and assesses its historical and international distinctiveness through comparison with a liberal state, the United States, and an authoritarian capitalist state, Apartheid South Africa. Soviet limitations on external migration were more restrictive than those of contemporary capitalist states, and Soviet regulation of internal migration was unusual in its direct bureaucratic supervision of the individual. However, Soviet policy did not aim at the suppression of internal migration, but at its complete regularization. The ultimate goal was “regime adherence”: the full integration of the citizen into the Soviet political order. In contrast to the USSR, migration in the contemporary world is marked by “irregularization”: policies that lead to the proliferation of insecure and unauthorized migration.     

Measurement problems in official and survey crime rates

This paper analyzes sources of error in the two major methods we use to measure crime in America—official police statistics and victimization surveys. The two produce quite different pictures of the volume and distribution of crime, but it is not clear that this is because victim-based statistics are “accurate.” Each measurement procedure has its characteristic errors, some of which it shares with the other. Comparisons of official and survey data on crime are helpful in revealing the dimensions of these error terms, and they point out the analyses which must be conducted if we are to specify their exact proportions.