Court Sentencing Patterns for Environmental Crimes: Is There a “Green” Gap in Punishment?

Objectives

This study examines sentencing patterns for environmental crimes and tests the assumption that “green” offenders receive more lenient treatment from criminal courts than non-environmental offenders.

Methods

We present two sets of analyses. First, we present an empirical portrait of environmental felony offenses convicted in a single state (Florida) over a fifteen-year period and the resulting criminal sanctions. Second, we use a precision matching analysis to assess whether environmental offenders receive more lenient treatment when compared to non-environmental offenders with the same characteristics and offense severity scores.

Results

Findings indicate that an overall small percentage of felony convictions in state courts stem from environmental crimes. We also find that punishments for environmental crimes are more lenient than sanctions assigned to comparable non-environmental offenses when the environmental crime is ecological, but that punishments are sometimes harsher when the environmental crime involves animals.

Conclusions

The findings provide general support for the argument that courts and other formal institutions of social control treat environmental crimes more leniently than non-environmental crimes. This paper also raises important questions about citizen and state actors’ perceptions of crimes against the environment and, more generally, about the ways in which theories of court sentencing behaviors apply to environmental crime sanctioning decisions.

     

The International Criminal Court and the Control of State Crime: Prospects and Problems

Over the past two decades, crimes committed by nation states has received strong theoretical and empirical attention from critical criminologists. Much of this work has highlighted the lack of internal and external mechanisms to control such injurious behavior. Potentially, this has now changed. In the summer of 1998, delegates from nearly 140 countries created the Rome Statute establishing the International Criminal Court (ICC). Entering into force in the summer of 2002, the ICC has unprecedented international jurisdiction over the crimes of genocide, war, aggression, and those against humanity. This paper provides a brief history of international law and attempts to develop an ICC. It then examines the functioning and structure of the ICC as established in the Rome Statute. We then proceed to analyze the potential which the ICC posses to control state criminality. Our analysis concludes with discussions of how the ICC might be modified to better act as a deterrent to such offending.     

America's response to terrorism: An empirical analysis of federal intervention strategies during the 1980s

Despite considerable interest among criminologists, the literature on terrorism has been largely atheoretical and nonempirical. This paper provides the results of a national study of federal criminal cases that arose from the FBI's Counterterrorism Program during the 1980s. The strategies of federal prosecutors are discussed in relation to Turk's notions of “explicit politicality” and “exceptional vagueness.” Evidence shows that in keeping with historical studies of American political crime, prosecutorial efforts to depict terrorists as common criminals have been the most frequently used and most successful strategy. Prosecutors' efforts to explicitly politicize the terrorists' crimes have been largely unsuccessful and are rarely employed.     

Emerging combatants, war crimes and the future of international humanitarian law

The purpose of this paper is to examine the traditional paradigm of international law that regulates warfare and defines criminal behavior,and examine how the emergence of new actors has changed the environmentof armed conflict. The existing paradigm takes into account state actorsand insurgents who have recognizable political goals. All such combatantshave some stake in the existing international political system and somemeans are available (military intervention, war crimes trials) to compeltheir compliance with the law. However, new categories of combatants areemerging. They are not connected to states, may have no political goalsand are difficult to reach or persuade with time-tested methods.Compelling or persuading them to better compliance with the law is essential to protect vulnerable populations from their depredations.The paper concludes by identifying some contributions that criminologistscan make toward understanding these groups and devising strategies to meetthe challenge of war crimes. Those contributions by criminologists wouldbe equally valuable in dealing with the problem of war crimes and ``traditional' combatants.     

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.     

State-Organized Crime,International Law and Structural Contradictions

Following the trail blazed by Bill Chambliss in his 1988 Presidential Address to the American Society of Criminology, this article engages two interrelated issues concerning the concept of state-organized crime that he pioneered. First, the article develops Chambliss’s argument that criminologists should define state crime as behavior that violates international agreements and principles established in the courts and treaties of international bodies. Second, although Chambliss effectively argued that international law “on the books” provides a framework of substantive concepts and categories that allows criminologists to define certain state actions as a form of crime, “in action” international laws fail to provide legal accountability for states and protection for victims. This article demonstrates, however, that Chambliss’s structural contradictions theory of law can help to explain this paradox.     

More Norms,Less Justice: Refugees,the Republic,and everyone in between

The paper argues for conflating refugees and internally displaced persons (IDPs) as two sides of a work-in-progress postcolonial state. To be sure, aliens, refugees, IDPs, and stateless persons are separate legal entities. Nevertheless, this fragmented normative regime stands testimony to more laws and less justice. Many Asian states have no domestic refugee law. India, a common law system, takes a case by case approach as refugees are given “temporary shelter on humanitarian considerations”. Ironically, a work-in-progress postcolonial state sustains even de jure citizens as de facto stateless persons; the erstwhile Indo-Bangla enclaves for more than half a century were an apt example. Surely, the raison d’être of international law on refugees is to end human suffering, if needed, by transcending the absence of positive laws. A constitutional and political desire to minimise human suffering alone could cut the rigour of such positivist legal narratives. The Delhi High Court seemingly walked that path in Koul v Estate Officer noting “refugees and IDPs appear to be similarly situated”. Rising terrorism has made states increasingly believe in a security narrative all the same. A simultaneous emergence of a demographic anxiety particularly in India’s North-eastern states increasingly pits aliens and refugees against the domiciled indigenous and tribal people.     

Post-motivational Progression and the Possibility of Aborting Protracted Crime

The idea for this article emerged from a cursory examination of the National Crime Victimization Survey (US Department of Justice, 1997–2004). Unbeknownst to the authors (and possibly to most of the readers) is a trend confirming that about 2/3 of all violent crimes in the United States end up as attempted crimes, as opposed to completed crimes. Equally intriguing is that international crime figures confirm, almost exactly, the US Survey statistics. If these figures are accurate, then criminologists and crime control agents should ask the question: if 2/3 of all violent crimes fail to materialize—for whatever reason—under their own weight, why cannot criminologists and crime control agents in the future develop a clinical competency that can exploit this failure and further reduce the completion rate of violent crime to technically zero? If that can be accomplished, then violent crimes can theoretically be aborted. Such a futuristic design should not be considered farfetched in light of the current advancements in today’s technology, including the military practice of laser-bombing a car speeding on the road several miles below, or the on going military testing of “shooting a missile with a missile”. This article focuses on the undiscovered, yet enormous, role of post-motivational criminology, which—when the desired clinical competency is developed—can literally change the trajectory of violent crimes and possibly abort them in progress. While this article cannot promise answers for the next decades, it can, at least, stimulate the criminological community to think beyond its traditional boundaries and to engage in quantum research consortiums that can study the dynamics of post-motivational progressions and eventually resolve why some bullets miss or can intentionally be made not to hit.     

On the Social Foundations for Crimmigration: Latino Threat and Support for Expanded Police Powers

Objectives

Because of the merging of immigration control and criminal justice, or “crimmigration,” state and local police increasingly drive interior immigration enforcement through the routine policing of crime. At the same time, growing evidence indicates that immigration is an ethnicity-coded issue that allows for the veiled expression of broader anti-Latino sentiments. Yet little research has examined whether public perceptions of either immigrants or Latinos influence support for police policies and practices that, in the context of crimmigration, may significantly shape immigration enforcement and, more broadly, may contribute to the subordination of Latinos. The current study addresses this research question.

Methods

The study draws on data from a recent nationally representative telephone survey and employs multivariate regression methods to evaluate whether perceptions of Latino economic and political threat are associated with support for granting police greater latitude in stopping, searching, and using force against suspects.

Results

This study provides the first evidence that, at least among Whites, perceived Latino threat is positively associated with support for expanding police investigative powers, especially the power to stop suspects based only on the way they look.

Conclusions

The results suggest that by increasing public support for aggressive policing, or, at minimum, by reducing opposition to discriminatory social controls such as police profiling, Latino threat perceptions may increase the political attractiveness and viability of crimmigration as a “solution” to the “Latino problem.”

     

Institutionalization of Criminology: A Prerequisite to Comparative Criminology

The increased prevalence and enrichment of comparative analysis would invigorate criminology generally as a scientific field because comparative criminology is a movement toward a “true science of criminology.” But, at least at its present stage, comparative criminology awaits the institutionalization of criminology at a level sufficient for the essential availability of criminologists capable of and competent for meeting the peculiar demands of transnational research.

“Comparative, coordinated and interdisciplinary research should be carried out to determine the relative effects of programs in different countries” and through cooperation between researchers from different countries…to develop a highly promising new field of comparative criminology”, in order to determine “uniformities and differences in causal influences, in predictive factors, and in results of preventive and treatment programs” and to develop “a true science of criminology.”     

What can Southern Criminology Contribute to a Post-Race Agenda?

Drawing on Raewyn Connell’s Southern Theory (2007), Carrington et al. (British Journal of Criminology, 56(1), 1–20, 2015) have called for a de-colonization and democratization of criminological knowledge, which, they argue, has privileged the epistemologies of the global North. Taking up the challenge of “southern criminology,” in this paper we examine the concept of race as a political artifact of northern thinking. The idea of race is durable in criminology. To illustrate this, we examine the racialization of Aboriginal Australians. Given the relationship between processes of racialization and criminalization, criminology should avoid engaging in practices which produce or reinforce racial schema. Further, with reference to southern epistemologies, we offer an alternative construct of human difference and diversity grounded in discourses of belonging specific to Australasian cultures.     

Consequences of legal risk communication for sanction perception updating and white-collar criminality

Objectives

Scholars have long emphasized that communicating, or “advertising”, information about legal sanction risk is necessary for the success of deterrence-based crime policies. However, scant research has evaluated whether direct communications about legal risk can cause sanction perception updating, the updating of ambiguity in sanction perceptions, or changes in persons’ willingness to offend. No prior studies have evaluated sanction perception updating for white-collar crimes.

Methods

To address this research void, the current study analyzes data from an experiment embedded in a recent national survey (N?=?878). Multivariate regression models estimate the effect of providing participants with information about the “objective” arrest risk for white-collar offenses on their sanction perceptions.

Results

The findings provide the first evidence that such information, when it is inconsistent with individuals’ prior beliefs, causes them to update: (1) their perceptions of the certainty of arrest; (2) their ambiguity about arrest risk; and, indirectly, (3) their willingness to commit white-collar crimes.

Conclusions

The results imply that individuals are willing to incorporate relevant information into their subjective beliefs about sanction risks. Importantly, however, they also make meaningful distinctions about the value of new information for understanding criminal risks.

     

RACE,RACIAL THREAT,AND SENTENCING OF HABITUAL OFFENDERS*

As legislatures proliferate novel “enhancements” to criminal sentencing, such as “three-strikes” and related provisions, and as criminologists debate their effects, the role of existing enhancements, such as habitual offender statutes, has received little empirical attention. This article explores the effect of race in the decision to prosecute and sentence eligible defendants as “habitual” offenders. During FY 1992–93, 9,690 males admitted to prison in Florida were statutorily eligible (two prior felony convictions or one prior violent felony conviction) for sentencing as “habitual” offenders. Approximately 20% received that disposition. They will serve at least 75% of their enhanced sentence as compared with the state average of about 40%. Logistic regression, controlling for prior record, crime seriousness, and other relevant factors, shows a significant and substantial race effect. The disadvantage of black defendants is particularly strong for drug offenses and for property crimes that have relatively high victimization rates for whites (larceny, burglary). Race is less consequential for violent and weapons-related crimes. Race effects are more often significant in sentencing contexts that are low in terms of percent black, racial income inequality, drug arrest rates, and violent crime rates. The relevance of these findings for a “racial threat” interpretation of sentencing outcomes is discussed.     

ADHD and criminality: A primer on the genetic, neurobiological, evolutionary, and treatment literature for criminologists

Objective

This state of the art review of 102 studies is a primer on ADHD and its major comorbidities for criminologists unfamiliar with the genetic, neurobiological, and evolutionary literatures.

Materials and methods

Neurological, genetic, medical, and criminal justice data bases were keyword searched for articles on ADHD and/or articles using ADHD as a major independent variable.

Results

ADHD is a disorder that is closely connected to externalizing behaviors, conduct problems, and criminal behavior across the life course.

Conclusions

To date, ADHD research has been carried out primarily by biomedical researchers and de-emphasized by criminologists whose training is overwhelmingly in the social sciences. The special expertise of criminologists in uncovering environmental correlates of antisocial behavior can benefit biomedical researchers who in turn can assist criminologists in uncovering the individual-level correlates of antisocial behavior.     

Corporate Colonialism and the “Crimes of the Powerful” Committed Against the Indigenous Peoples of Canada

Canada is both a capitalist and colonial society, one founded on the seizing of Indigenous lands for capitalist purposes. In the process, a variety of “crimes of the powerful” were committed, including the theft of Indigenous lands, the forcible confinement of Indigenous people onto reserves, and the subjection of Indigenous children to physical and sexual assaults via the residential school system. In more recent times, the corporate quest for extractive resources has created further harms for Indigenous communities. The lives of too many Indigenous people in Canada are now contoured by complex poverty, Indigenous children are over-represented in the child welfare system, and Indigenous adults are over-incarcerated in prisons and jails. Using a “crime” lens, this paper brings an awareness of Canada as a capitalist and colonial society—conceptualized here as “corporate colonialism”—to the foreground. In the process, the various manifestations of the “crimes of the powerful” against the Indigenous peoples of Canada are exposed.     

The Damage Done: Cocaine Methods in Detroit

The pro-competitive antitrust doctrine has originated in the free-market economies of Western capitalist countries but with economic transformations in Eastern Europe the doctrine ceased to be an exclusive Western concept. Using the example of the Polish law on combating Trust in the National Economy of 1987, the author demonstrates the spread of the antitrust doctrine from capitalism to socialism. Apart from these changes, the doctrine has been spreading on the international level because increasingly it has found application not only within particular countries but also with regard to trade and commerce between and among countries. The multidimensional nature of the antitrust doctrine has important implications for combating both domestic and international antitrust crime. The efficiency of efforts to combat abuse of a dominant market position, limiting access to the market or other forms of restraining competition will depend increasingly on the degree to which organs responsible for fighting antitrust crimes are willing to benefit from the multi-dimensional nature of the antitrust doctrine.     

State Tasks and Human Rights

This paper analyses the change in the notion of fundamental and human rights in Germany and throughout the European Union during the process of European integration. This change, that can be summarized in the formula “from human rights to state tasks,” signifies the integration and partial amendment of the French Revolution's ideals (liberté, égalité, fraternité) with the new ideals of security, diversity and solidarity. These new ideals make it necessary for the state to play a positive role in devising, for example, a policy of minority recognition and a long list of social rights. These rights are often translated into merely generic “norms on state objectives” and not directly binding law in force. This means that such rights increasingly become a political and legislative issue making it more difficult for the Courts to offer guarantees. 1 Abstract by Giorgio Bongiovanni.
     

Tocqueville's Question. The Role of a Constitution in the Process of Integration

Starting from the contemporary processes of “fragmentation of societies” (pluralization of individual lifestyles, the increasing ethnic‐cultural diversity, de‐solidarity, the melting away of political loyalties) and of “dissolution of the nation” (the erosion of the monopoly of the state, economic globalization), the author examines Tocqueville's question about what holds society together. This problem of integration is analysed in the perspective of social and legal sciences. Accordingly, the author stresses that solutions to such a problem should come from a constitutional theory which is open to debates and answers developing in other disciplines, thus obtaining relevant information concerning the role of law and of constitution for integration. 1 Abstract by Antonino Rotolo.
     

The Law of Crime Concentration: An Application and Recommendations for Future Research

Objective

We address four outstanding empirical questions related to the “law of crime concentration” (Weisburd in Criminology 53:133–157, 2015): (1) Is the spatial concentration of crime stable over time? (2) Do the same places consistently rank among those with the highest crime counts? (3) How much crime concentration would be observed if crimes were distributed randomly over place? (4) To what degree does the spatial concentration of crime depend on places that are crime free?

Methods

The data are annual counts of violent and property crimes in St. Louis between 2000 and 2014. Temporal stability in the spatial inequality of crime is measured by computing the fraction of crimes that occur in the 5% of street segments with the highest crime frequencies each year. The spatial mobility of crime is measured by computing the number of years each street segment appears in the top 5% of street segments. Poisson simulations are used to estimate the fraction of crimes that could appear in the top 5% of street segments on the basis of chance alone. The impact of crime-free locales on the spatial concentration of crime is evaluated by comparing results from analyses that include and exclude crime-free street segments from the crime distributions.

Results

The concentration of crime is highly unequal and stable over time. The specific street segments with the highest crime frequencies, however, change over time. Nontrivial fractions of street segments may appear among the 5% with the highest crime frequencies on the basis of chance. Spatial concentration of crime is reduced when crime-free street segments are excluded from the crime distributions.

Conclusions

The law of crime concentration is not a measurement artifact. Its substantive significance, however, should be assessed in future longitudinal research that replicates the current study across diverse social settings.