An introduction to the special issue on ‘Organised crime and illegal markets in the UK and Ireland’

This paper provides an introduction to the articles and report excerpt submitted to the special issue of Trends in Organized Crime on ‘Organised crime and illegal markets in the UK and Ireland’. The aim of the special issue is to draw together empirical research findings and theoretical accounts on various manifestations of organised crime in the particular geographic context(s), the evolution of organised crime, the links between organised crime, the legal sphere and paramilitary groups, as well as an account of the demographic profile and attitudes of citizens in areas in which organised crime groups thrive.     

Citizenship,Belonging and Attachment in the ‘War on Terror’

The ‘war on terror’ has had an enormous impact on citizens’ legal rights and legal status. Using data from interviews with British Pakistani Kashmiri Muslims, this paper explores how the change to citizens’ legal rights and legal status in the ‘war on terror’, the legal dimension of citizenship, has impacted the psychological dimension of citizenship. Through denoting legal rights, equality and status the study revealed the powerful role of the state and the police in shaping citizens’ perceptions of the legal dimension of citizenship. The paper explores how changes to participants’ perceptions of their legal status and legal rights are instrumental in shaping the psychological dimension of citizenship—participants’ sense of loyalty, belonging and attachment to their British identity and their Islamic identity.     

‘Alien family’: The impact of the Aliens Act 1935 and subsequent Orders on the family in Ireland, 1933–1945

This article examines the consequences of Irish ‘aliens’ policy on families fleeing Nazi Germany using case studies of Irish German-speaking families and German-speaking families to ascertain the difficulties they faced. Analysis of the applications process undergone by families in order to secure a safe-haven from the reaches of the Third Reich reveals the main concerns of the Irish establishment and how these matters affected the potential safety of some individuals above others because of how they were officially categorised. Juxtaposing those who were considered an asset to Irish society against those who were not granted refuge this study traces the process both endured. While this article outlines the Irish government policy on refugees it focuses more particularly on how civil servants and government agencies implemented such policies and the subsequent impact on refugee family units affected by the Nazi regime.1 1?My doctoral research forms part of the German-speaking exiles in Ireland Project an initiative led by Dr Gisela Holfter in the Centre for Irish-German Studies at the University of Limerick. The overall project is attempting to fill a previous void in international exile studies, from an Irish perspective see Holfter, Gisela (Ed.). (2006 Holfter, Gisela, ed. 2006. German-speaking Exiles in Ireland 1933-1945, Amsterdam: Rodopi. New York [Google Scholar]). German-speaking Exiles in Ireland 1933-1945 Amsterdam/New York: Rodopi. This article attempts to reconcile internal policy, international relations and the effect these had on the lives of ordinary people both German-speaking and Irish. It will conclude by recognising the importance to the Irish authorities of the former two elements while acknowledging that despite them there were some successes for refugees although they were of least consequence in the priorities of the day.     

The ‘Strasbourg Effect’ on data protection in light of the ‘Brussels Effect’: Logic,mechanics and prospects

This article considers various factors that will shape the potential effect of the Council of Europe's modernised Convention on data protection (Convention 108+) on non-European states’ regulatory policy. It does so by elucidating the logic and mechanics of this effect in light of the ‘Brussels Effect’ that is commonly attributed, in part, to EU data protection law. The central arguments advanced in the article are that the impact of Convention 108+ beyond Europe will rest primarily on the Council of Europe's ideational power tempered by processes of acculturation, and secondarily on the degree to which the EU is willing to use the ‘Brussels Effect’ as a vehicle for promoting non-European states’ accession to the Convention.     

Sentencing ‘Anonymous’: exacerbating the civil divide between online citizens and government

The rise of the hacktivist collective Anonymous and its activities have led to a number of international high profile arrests and criminal sentences. In Canada, birth cohort studies and the established age–crime curve consistently show that even in the absence of intervention the majority of offenders desist in offending as they age. We argue that criminal justice responses need to be restrained and policy makers need to consider the measureable harm of virtual protests. We anticipate that failure to do so will result in produced criminalization effects that are more reflective of a societal overreaction on the part of authorities. In conclusion, we reflect on the responses to activity akin to civil protest carried out in defense of liberty and argue contemporary trajectories will only exacerbate a civil divide between those who believe a system is corrupt and failing and those whose job it is to maintain law and order.     

Denied their ‘natural nourishment’: religion,causes of death and infant mortality in the Netherlands, 1875–1899

At the end of the nineteenth century, infant mortality rates started to fall rapidly in the Netherlands. Unfortunately, not all regions benefited from this development. High infant death in the Roman Catholic provinces of North-Brabant and Limburg has often been ascribed to a growing reluctance of Catholic mothers to breastfeed their infants after 1870. This was supposedly caused by the combination of a strict, prudish Roman Catholic norm prohibiting women from baring their breasts and a refusal to accept new medical insights into healthy childcare. The food given to weaned children was generally of such poor quality that many infants succumbed to gastrointestinal diseases. Consequently, infant mortality rates caused by water- and food-borne infectious diseases would have been higher amongst weaned babies. By using recently digitised municipal cause-of-death registration statistics, it is possible to see if there are, indeed, indications of a shift in breastfeeding patterns after 1870. First, the authors look at infant deaths from all causes to see whether Roman Catholic municipalities underwent a rise in the mortality of children under the age of one. Second, the authors do the same for cause-specific infant mortality from typhus, typhoid fever, diarrhoea, dysentery, acute diseases of the digestive system and cholera. Based on the outcomes, there was no homogenous rise in infant mortality in all Roman Catholic municipalities. Furthermore, there is no indication that infant mortality due to digestive diseases increased uniformly in all Roman Catholic communities between 1875 and 1899. Either some communities were able to counteract the negative effects of a shift towards weaning or changes in breastfeeding patterns were not a specific Roman Catholic phenomenon at all.     

‘Social Services will not touch us with a barge pole’: social care provision for older prisoners

Older prisoners are the fastest growing subgroup in the English and Welsh prison estate. Older prisoners have high levels of health and social care needs. This mixed-method study involved the distribution of a questionnaire examining the availability of health and social care services for older prisoners to all prisons housing adult males in England and Wales, followed by qualitative telephone interviews with representatives from eight prisons. Over half of establishments had some contact with external social care services, but reported significant difficulties in arranging the care for individuals. A professional lead for older prisoners had been identified in 81% of establishments; however, the value of this role to positively affect practice appeared questionable. Statutory social care was often non-existent in prison due to the lack of understanding of what it constituted and who was responsible for its provision.     

The ‘good’, the ‘bad’ and the ‘Charlie’: the business of cocaine smuggling in Greece

This article examines the social organisation of cocaine smuggling in Greece. Emphasis is placed on the involvement of professionals from the shipping industry and actors from the ‘upper society echelons’ who play a pivotal role in the transportation and importation of cocaine to Western Europe and Greece. After considering empirical evidence from a variety of sources, our findings indicate that the cocaine market in Greece is ‘organised’ by a system of collaborative relationships between state, business and civil society actors. It is suggested that to better understand the nature of this illegal market, further research is required to take a closer look into the economic, socio-cultural and political incentives of these actors.     

The ‘unwanteds’ and ‘non-compliants’: ‘unsupported mothers’ as ‘failures’ and agents in Australia’s migrant Holding Centres*

Abstract

Ideas of assimilated citizenship are inherently gendered and during Australia’s post-World War Two migration boom they were deeply and explicitly invested in marriage, children and domesticity. In this period of social conservatism and economic boom, assimilation rhetoric functioned as a reassuring mirror for the host population, promoting the dream of prosperous family life as the ultimate aspiration for refugees and migrants. The role of immigration Holding Centres within this vision was to provide a context in which migrants and refugees could take their first steps towards accomplishing this dream. These Centres of necessary temporary residence were designed as sites of transition towards autonomous, assimilated family life. However, those families headed by single mothers, often referred to in government records as ‘unsupported mothers’, had limited opportunities to live up to such images of assimilation, or even to comply with the economic imperatives of the migration scheme that had brought them to Australia. Based mainly on Department of Immigration records, this article demonstrates that despite recognising the long-term economic and social prospects their children represented, government agencies viewed many unsupported mothers as system failures. They attempted to remedy the situation by turning these women into live-in domestic workers, at times placing pressure on them to institutionalise their children in order to facilitate this, thereby prioritising their compliance with economic imperatives over support for their parenting. Within the limited scope of their agency, unsupported mothers responded by attempting to negotiate the terms of their compliance or simply refusing to comply. For the latter group, Holding Centres became a more permanent home. This permanence is read here as a gendered form of resistance to a system that struggled to foster their economic self-reliance without compromising their capacity to be mothers.     

‘Wrong’ cases and ‘wrong’ plaintiffs: intergenerational relationships and legal consciousness in China

Legal consciousness is not a monolithic concept even in the minds of individual actors. Invoking the law is sometimes viewed positively and at other times not. My study reveals that ordinary people in China consider lawsuits seeking divorce to be acceptable but strongly disapprove of lawsuits seeking intergenerational support. My detailed analysis of this sharp contrast suggests that people consider legal mobilization favourably when claims are brought by the ‘right’ people in the ‘right’ cases, but that they bitterly oppose it when the ‘wrong’ people bring the ‘wrong’ kinds of cases. In this article, I explain how these categories of ‘right’ and ‘wrong’ legal claims and plaintiffs come into being and how they shape the legal consciousness of potential litigants in China.     

‘Catching’ and ‘Targeting’: Risk‐Based Policing,Local Culture and Gendered Practices

The aim of this article is to explore cultural and practical aspects of the growing use of information and communication technology (ICT) in policing. By using empirical research on policing in Norway, the focus will be on how ICT is used as a crime prevention instrument in everyday police work and culture. The transition, which the new technologies mediate, will be explored by focusing on concepts of risk and materialization of risk‐based policing at the practice level in two cases: 1) a special unit fighting serious and organized crime utilizing proactive policing methods, police informers, crime profiling and databases, and 2) a police station focusing on low‐level crime by using a problem‐oriented policing model, transmitting responsibility for personal security onto identified ‘problem‐owners’.1 ‘Problem‐owner’ is a notion used by the police in the two cases. It is referring to the POP‐model, and whom they identify as important to participate in the risk‐management. According to Wright (: 121): “Partnership refers to a purposeful relationship between the police and the public or between the police and other agencies in the field.” Based on an examination of risk phenomena as contextual, embedded in practice and cultural settings, various stories about risk management will be told. The stories reflect different control strategies in the crime control discourses, and point to how risk‐based technologies are shaped and adapted in occupational culture and practice. The article illuminates the importance of studying the empirical complexity ICT is used in, and looks towards, to paraphrase O'Malley and Palmer (), ‘firewalls of resistance’ in the local occupational culture, that are preventing full integration of risk tools.     

‘Are the ‘others’ coming?’: Evidence on ‘alien conspiracy’ from three illegal markets in Greece

In the early 1990s Greece accepted a large number of immigrants from a variety of contexts. Since then ‘organised criminality’ has become an important aspect of the immigration nexus in the country, and ethnicity has been viewed as an extremely important-if not the primary–explanatory variable. Simultaneously, there has been very little empirical research on ‘organised crime’ in Greece in general and ‘organised crime’ and ethnicity in particular. The purpose of this article, which is based on previous research that the author has conducted on three illegal markets in Greece (a. migrant smuggling business, b. the cigarette black market, and c. the market of stolen cars and car parts), is to show the extent to which these illegal markets are controlled by foreign nationals, and establish whether there is such thing as an ‘alien conspiracy’ in the particular country.     

‘Done to death by father or relatives’: Irish families and infanticide cases, 1922–1950

In February 1929 the Bishop of Ossory commented on the fact that in Ireland illegitimate infants were often ‘done to death by father or relatives’ (Irish Catholic, 16 February 1929). There were many instances where family members of unmarried women who gave birth were the sole defendants or co-defendants in infanticide cases in post-independent Ireland. Although illegitimate infants were ‘done to death’ by their fathers in a number of cases that were tried at the Central Criminal Court in Dublin between 1922 and 1950, this article will focus on cases where infants were murdered or suspected of having been murdered by relatives of the birth mother both in the Twenty-Six Counties and in Northern Ireland (Irish Catholic, 16 February 1929). For the purposes of this article I have referred to the murder of illegitimate infants as ‘infanticide’ even though there was no separate charge of infanticide in the Irish Free State until 1949. The English infanticide acts of 1922 and 1938 also applied to Northern Ireland. This article discusses the motives of the relatives of single mothers who played a part in the deaths of illegitimate infants. Unmarried motherhood was severely frowned upon in Ireland and the relatives of single pregnant women assisted their female kin in destroying the evidence of extra-marital conception in order to protect the family's honour and moral reputation in the wider community. The records of infanticide trials provide a great deal of insight into the ways in which mainly working-class families dealt with the strain of pregnancy outside wedlock in Ireland between 1922 and 1950.     

Pregnancy in prison,Mother and Baby Unit admission and impacts on perinatal depression and ‘quality of life’

Limited research exists on the impact of prison mother and baby unit (MBU) residence. Research in the UK suggests women in MBUs have lower prevalence of mental disorder. Higher rates of mother-child attachment for women in prison nurseries in the US have been reported. Eighty-five pregnant women were interviewed at baseline and 62 followed up in nine different prisons. The Edinburgh Postnatal Depression Scale (EPDS) was used to measure perinatal depression; the World Health Organisation Quality of Life (WHOQOL – BREF), for quality of life; and the Mother-to-Infant Bonding Scale (MIBS) for mother-child bonding. EPDS scores were higher at baseline than follow-up. Women admitted to MBUs had lower EPDS scores at baseline and follow-up, and this reduction was greater than for women not admitted to MBUs. WHO-QOL scores were higher at follow-up than baseline on all domains, except the social domain for those not admitted to MBUs. Findings suggest women with perinatal depression are less likely to be admitted to MBUs, and MBU placement may contribute to a reduction in perinatal depression. Increased QOL-BREF scores at follow-up suggest improved quality of life for all participants. Reduced support post-separation may contribute to lower social domain scores for women not admitted to MBUs.     

Diffusion of the Budapest Convention on cybercrime and the development of cybercrime legislation in Pacific Island countries: ‘Law on the books’ vs ‘law in action’

The Council of Europe Convention on Cybercrime,¹ referred to as the Budapest Convention on Cybercrime, has been diffused globally, and is serving as a benchmark or a ‘model law’ for drafting national cybercrime legislation in many countries worldwide. This paper argues that, through the mechanism of ‘state socialization’ combined with incentives, e.g. assistance in building law enforcement capacity, the diffusion of the Budapest Convention has had a profound influence on the development of cybercrime legislation in a number of Pacific Island Countries (PICs).² Some PICs have expressed their great interest in acceding to the Convention and ‘imported’ several provisions from the Convention. This article, nevertheless, contends that these PICs do not seem to consider carefully whether the ‘imported’ law is applicable to their existing law enforcement capacity. It is evident that various domestic factors, such as lack of resources, have deterred the enforcement of cybercrime laws in these countries. As the result, although those PICs would have adequate cybercrime laws ‘on the books’, ‘law in action’ is still feeble.     

‘Criminal families’ and the court: co-offending in Amsterdam, 1897–1902

This article focuses on a specific aspect of the history of crime: co-offending (offending with one or more accomplices) in a family setting at the end of the nineteenth century. The aims of this article are to analyze how genders interacted in a criminal setting and to show a possible bias in the court's decision to prosecute ‘criminal families’, either in relation to the people involved or to the environment in which the crime was committed. This article also questions the relevance of the concept of the civilizing mission in a court setting towards ‘criminal families’ and compares it with the reality of the court's work. The study is based on the archives of Amsterdam's Arrondissementsgerecht between 1897 and 1902. This court was in charge of trying criminal offences committed in Amsterdam and its surrounding area (a semi-urban environment within a 25-kilometre radius) according to the 1886 Dutch code of laws. Urban and semi-urban co-offending criminal rates in Amsterdam and its surrounding area are compared, as well as gender patterns and class origins in relation to the crimes committed, in order to highlight a possible prejudice towards working-class offenders. The analysis reveals a high rate of co-offending in female criminality and more gender interactions in the urban environment. However, the results also show that, despite a general anxiety towards working-class families and rising crime rates, magistrates were not more inclined to prosecute them. The family situation was taken into account before trials, and semi-urban families were not treated more leniently than urban families.     

Privacy regulation cannot be hardcoded. A critical comment on the ‘privacy by design’ provision in data-protection law

‘Privacy by design’ is an increasingly popular paradigm. It is the principle or concept that privacy should be promoted as a default setting of every new ICT system and should be built into systems from the design stage. The draft General Data Protection Regulation embraces ‘privacy by design’ without detailing how it can or should be applied. This paper discusses what the proposed legal obligation for ‘privacy by design’ implies in practice for online businesses. In particular, does it entail hard-coding privacy requirements in system design? First, the ‘privacy by design’ provision in the proposed Regulation is analysed and interpreted. Next, we discuss an extreme interpretation – embedding data protection requirements in system software – and identify five complicating issues. On the basis of these complications, we conclude that ‘privacy by design’ should not be interpreted as trying to achieve rule compliance by techno-regulation. Instead, fostering the right mindset of those responsible for developing and running data processing systems may prove to be more productive. Therefore, in terms of the regulatory tool-box, privacy by design should be approached less from a ‘code’ perspective, but rather from the perspective of ‘communication’ strategies.