Methods and motives: Exploring links between transnational organized crime and international terrorism

The nexus with transnational organized crime is increasingly a focus for security planners in their analyses of terror groups. Their approach is best described by the phrase “methods, not motives.” While the motives of terrorists and organized criminals remain divergent most often, our research indicates this is not always the case. For that reason, this report argues that such a general approach has become too restrictive and can be misleading since the interaction between terrorism and organized crime is growing deeper and more complex all the time. In short, the lines of separation are no longer unequivocal. The report analyzes the relationship between international organized crime and terrorism in a systematic way in order to highlight the shortcomings of the “methods, not motives” argument. In so doing, the report considers the factors that most closely correspond to crime-terror interaction and identifies those regions of developed and developing states most likely to foster such interactions. Likewise, the paper will suggest an evolutionary spectrum of crime-terror interactions that serves as a common basis for discussion of such often used terms as “nexus.” The centerpiece of the report is a groundbreaking methodology for analysts and investigators to overcome this growing complexity, identify crime-terror interactions more quickly and to assess their importance with confidence. The approach is derived from a standard intelligence analytical framework, and has already proven its utility in law enforcement investigations. The report is the product of a recently concluded and peer-reviewed 18-month NIJ sponsored research project, and includes empirical evidence drawn from numerous case studies developed in the course of the research program. This project was supported by Grant No. 2003-IJ-CX-1019 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 authors and do not necessarily represent the official position or policies of the US Department of Justice. Research assistance on this project was provided by Allison Irby, Douglas M. Hart, Patricia A. Craig-Hart, Dr. Phil Williams, Steven Simon, Nabi Abdullaev, and Bartosz Stanislawski. Drafting and editing help was provided by Laura Covill.     

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.     

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     

“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.     

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.     

<Emphasis Type="Italic">Random Activities Theory</Emphasis>: The Case for ‘Black Swan’ Criminology

In the United States, infamous crimes against innocent victims—especially children—have repeatedly been regarded as justice system “failures” and resulted in reactionary legislation enacted without regard to prospective negative consequences. This pattern in part results when ‘memorial crime control’ advocates implicitly but inappropriately apply the tenets of routine activities theory, wherein crime prevention is presumed to be achievable by hardening likely targets, increasing the costs associated with crime commission, and removing criminal opportunity. In response, the authors argue that academic and public policy discourse will benefit from the inclusion of a new criminological perspective called random activities theory, in which tragic crimes are framed as rare but statistically inevitable ‘Black Swans’ instead of justice system failures. Potential objections and implications for public policy are discussed at length.     

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 Value of Quantitative Analysis for a Critical Understanding of Crime and Society

The value of quantitative analysis for a critical understanding of crime and society has often been questioned. This paper joins the debate by reviewing quantitative evidence on key criminological topics: the causes of crime, public opinion on crime, and the operation and impact of the criminal justice system. This evidence highlights the importance of economic deprivation and racial prejudice and discrimination for understanding U.S. crime and justice and points to the ineffectiveness of the nation’s “get tough” approach to crime control. In these ways, quantitative analysis has already bolstered central propositions in critical criminology and promises to continue to do so.     

Self-reported crime rates of women prisoners

This paper presents findings from the first study of female prisoners' self-reports of criminal activity. Using the criminal career paradigm to frame the analysis, self-reported estimates of crime participation and frequency rates were examined for eight felony crimes. Important similarities between women and men were found in overall patterns of crime. Specifically, a small proportion ofboth women and men described committing a large portion of the total crimes reported. These data also suggest that women and men are similar in violent crime participation — a finding that varies from the current literature. Once active in a crime type, women and men committed assault, theft, and forgery at significantly different rates; no gender differences were found in the annualized frequency rates of burglary, robbery, motor vehicle theft, fraud, and drug dealing. However, although statistical differences were not found in the overall frequency of drug dealing, specific patterns of drug dealing reflected considerable gender variation, with a larger proportion of the female sample committing very frequent (daily) drug dealing activity. The findings reflect the value of the criminal career paradigm for the study of gender differences. Future research should include largescale quantitative designs that allow detailed analyses of correlates of the distinct criminal career dimensions.Points of view are those of the author and do not necessarily reflect the official position of the U.S. Department of Justice.This research was funded in part by the National Institute of Justice, Grant 87-IJ-CX-0048.     

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.     

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.     

Practice in search of a theory: The case of intensive supervision— An extension of an old practice or a new approach?

Intensive supervision of probationers and parolees has recently emerged as a potential solution to the chronic problem of overcrowding in our jails and prisons. This emergence has taken place in the absence of any true theory which supports the contention that more supervision will lead to lower recidivism rates. The future of this option is analyzed within this framework. This article represents an updated version of a paper, “Practice In Search of a Theory: The Case of Intensive Probation,” delivered at the Annual Conference, Academy of Criminal Justice Sciences, Chicago, Illinois, March, 1984. While prepared under the auspices of the National Institute of Justice, the views expressed are those of the author and do not necessarily represent the official position or policies of either the National Institute of Justice or the U.S. Department of Justice.     

我国刑事赔偿制度之改革

In reference to the United Nations International Covenant on Civil and Political Rights (hereinafter referred to “the Covenants”), the state compensation system of China in criminal justice shall be reformed as such: Compensation for a miscarriage of justice should not be determined by the results of first instance or second instance, but no guilty through retrial in the final trial upon finding of new evidences. If policemen, prosecutors and judiciaries take lawful measures, causing loss to the suspected due to arrest, detention or other enforcement in the criminal proceedings, the suspected should not get the state compensation for that even if he is decided no guilty in the final trial. If the suspected is cooped up illegally, he should get the state compensation even if being decided guilty finally. The measures of search and seizure should be included in coercive measures, hence differentiating the lawful search and seizure and the unlawful infringement of the property rights. Yang Yuguan, Professor of the Procedure Law Institute in China University of Political Science and Law, whose research mainly covers procedure law and human rights law. He wrote many books and essays, for instance, “Computer and Crime” (1986), “On Plea Bargaining” (1986), “Basic Education in Prisons in China” (1995), “The United Nations Crime Prevention and Criminal Justice Policy” (1996), “On the Ratification and Implementation of the International Covenant on Civil and Political Rights” (2000), “On Hearsay” (2001), “On Exclusionary Rule” (2002), “Human Rights Law: Study On International Covenant on Civil and Political Right” (2003), “The International Criminal Court: Idea, reality and Prospective” (2007), “Death Penalty Control with Procedural Law” (2006), “On Due Process of Law and Human Rights Protection” (2005). He was once a researcher fellow of Ministry of Justice of China, a member of the Crime Prevention Branch of the United Nations Office at Vienna, and an editor-in-chief in some books, such as “The United Nations Criminal Justice Norms and Standards”, “The United Nations Human Rights Treaty Bodies and their Comments”, “A Study On UN Convention of Anti-corruption”.     

Organized economic crime and corruption in Urkraine: The problem of countermeasures

The collapse of communism in Ukraine created opportunities for organized criminal groups to expand their economic criminal activities in the “shadow economy” by penetrating all levels of public and economic administration. Ukrainian law enforcement agencies are poorly equipped to handle this increase in criminal activity, especially with respect to uncooperative foreign and domestic economic institutions. State machinery for regulation and control of industry and commerce was easily accessible to organized crime through bribing of state officials, who received no supervision during economic restructuring. Notwithstanding the active assistance of corrupt government officials, organized economic crime has benefited from chaos and lost government control as the result of recent economic reforms in Ukraine. Researchers in this study hypothesize that the social and economic disorder, as well as a common and justified mistrust of state officials, fosters a pessimism and erodes moral standards, which in turn fosters criminal activity. Of late, judicial sentencing for those convicted of economic crimes has become lighter while many economic criminal cases are never investigated or prosecuted in the first place. In order to combat large-scale corruption, there must be better supervision of government officials and better monitoring of foreign economic transactions. One of the most disastrous consequences of the collapse of the Ukrainian communist system has been the widespread increase of economic crime. This phenomenon is self-sustaining, penetrating all levels of Ukraine's economy and administrative sectors. Criminal activity helps to sustain the shadow economy in Ukraine, which has been estimated by various sources to constitute 50 to 60 percent of the economy. Law enforcement and administrative efforts have been largely futile in curbing this corruption. Nevertheless, it is possible to overcome the criminal social and economic order that has become ingrained in this “shadow economy.” This paper seeks to propose policy solutions for Ukrainian economic crime and corruption that could be implemented at the national level.     

Stateless Crimes,Legitimacy, and International Criminal Law: The Case of Organ Trafficking

Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions of genocide or crimes against humanity. Although the United States Code characterizes trafficking as “a transnational crime with national implications,” (22 U.S.C. § 7101(b)(24) (2010)), trafficking is rarely prosecuted in domestic courts. It has thus functioned in practice largely as what might be judged a “stateless” offense, out of the purview of both international and national courts. Yet these forms of organ trafficking remain widespread—and devastating to those who are its victims. In this article, we begin by describing what is known about the extent of organ trafficking and trafficking in persons for the purpose of removal of organs. We then critically evaluate how and why such trafficking has remained largely unaddressed by both international and domestic criminal law regimes. This state of affairs, we argue, presents a missed chance for developing the legitimacy of international criminal law and an illustration of how far current international legal institutions remain from ideal justice.     

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”.     

Beating a dead horse: Is there any basic empirical evidence for the deterrent effect of imprisonment?

Crime has declined over the past several years, renewing the belief that punishments such as imprisonment are useful mechanisms for deterring criminal activity. This article assesses this claim by examining data on U.S. crime and imprisonment trends from 1972 through 1993, a period that saw a continuous increase in levels of incarceration. This period was purposefully chosen because it represents a “natural” experiment concerning the impact of continuous increases in the rate of incarceration on crime rates. A second analysis examining cross-sectional, state level data for the period 1980-1991 is also presented. The findings from these analyses indicate that sentiments concerning the deterrent effect of imprisonment are overstated, and there appears to be no statistically significant relationship between imprisonment rates and crime rates for the period and areas under study. This revised version was published online in July 2006 with corrections to the Cover Date.     

“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”.     

Fraud: The Characteristic Crime of the Twenty-First Century

In the same way that larceny characterized much of twentieth century, fraud will likely characterize the twenty-first century. Larceny remains the most common oi all serious crimes, but fraud may overtake larceny as the crime of choice in the future, because of changes in our ownership, storage, and movement of property. Fraud involves purposely obtaining the property of another through deception, and its popularity as a crime of choice is growing. Entrusting property to the custody oi others, storing property at remote locations, and electronic movement of property are shown to be major changes in the way we treat property and increase opportunities for theft. The connection between fraud and many of the serious crimes of the twenty-first century are shown in the facts of recent cases. The motivation of thefl behind many frauds is also shown to be used to fund larger criminal objectives, such as illegal immigration and terrorism. The points of view expressed are those of the author and do not necessarily reflect the position or policies of the U.S. Department of Justice. Dr. Albanese is chief of the International Center at NIJ on leave from his position as professor of Government and Public Affairs at Virginia Commonwealth University.     

Enemies and Citizens of the State: Die Boeremag as the Face of Postapartheid Otherness

This examination is a case study analysis of the Mail & Guardian’s news coverage surrounding the ongoing trial of members of the separatist group, die Boeremag. The 22 defendants stand accused of treason and 41 other criminal charges for the 2002 bombings of Soweto and conspiring to establish an independent Boer state. Utilizing a race critical lens, this analysis looks at these news representations of Afrikaner nationalists to glean insight into how law, race and racism can imbricate public understandings crime, specifically, in this case, domestic terrorism. It draws attention to the ways in which this fundamentalist group emerges as a repugnant Other and interrogates their roles within the “imagined” postapartheid South African community, the newspaper’s target audience. After explicating these dynamics, the paper concludes with a discussion of how this case study relates to practical dilemmas that stem from the utopian ideologies of reconciliation and nonracialism.