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Corporate Fraud Exposed
Type: Book
ISBN: 978-1-78973-418-8

Book part
Publication date: 6 November 2018

Alessandro Corda

Collateral consequences (CCs) of criminal convictions such as disenfranchisement, occupational restrictions, exclusions from public housing, and loss of welfare benefits represent…

Abstract

Collateral consequences (CCs) of criminal convictions such as disenfranchisement, occupational restrictions, exclusions from public housing, and loss of welfare benefits represent one of the salient yet hidden features of the contemporary American penal state. This chapter explores, from a comparative and historical perspective, the rise of the many indirect “regulatory” sanctions flowing from a conviction and discusses some of the unique challenges they pose for legal and policy reform. US jurisprudence and policies are contrasted with the more stringent approach adopted by European legal systems and the European Court of Human Rights (ECtHR) in safeguarding the often blurred line between criminal punishments and formally civil sanctions. The aim of this chapter is twofold: (1) to contribute to a better understanding of the overreliance of the US criminal justice systems on CCs as a device of social exclusion and control, and (2) to put forward constructive and viable reform proposals aimed at reinventing the role and operation of collateral restrictions flowing from criminal convictions.

Open Access
Book part
Publication date: 16 August 2023

Ian J. Warren and Emma Ryan

This chapter argues that the Americanisation of online policing has questionable impacts in Australian prosecutions involving drugs obtained and distributed through dark web…

Abstract

This chapter argues that the Americanisation of online policing has questionable impacts in Australian prosecutions involving drugs obtained and distributed through dark web cryptomarkets. The authors describe several Australian prosecutions of mid- and low-level dealers who have accessed drugs through the dark web and contrast these with the United States (US) case against the cryptomarket, AlphaBay. The discussion in this study emphasises how Australian police and courts view the relative weight of dark web activity associated with the domestic and transnational supply of illicit drugs that result in formal prosecutions. The authors suggest that large-scale forms of online and dark web police surveillance undertaken by US enforcement agencies reflect Ethan Nadelmann’s (Cops across borders: the internationalization of US criminal law enforcement, University Park: Pennsylvania State University Press, 1993) thesis on the Americanisation of global policing through transnational communications networks. The authors then explain how key elements of transnational dark web drug supply appear to have a marginal bearing on criminal investigations into low- and mid-level traffickers in Australia, which rely on conventional surveillance tactics to identify clandestine mail pickups, physical distribution methods, and irregular money trails. However, the authors then illustrate how the Americanisation of online policing that targets high-level entrepreneurs and seeks to dismantle or eliminate dark web cryptomarkets has important implications on Australian reforms aimed at enhancing online surveillance powers to target a range of crimes that are often wrongly associated with illicit drug cryptomarkets. The authors conclude by demonstrating how intensive dark web surveillance has limited direct impact on routine drug policing in Australia, with dark web communications simply another medium for facilitating the physical detection of illicit transnational drug transactions.

Details

Digital Transformations of Illicit Drug Markets: Reconfiguration and Continuity
Type: Book
ISBN: 978-1-80043-866-8

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Abstract

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Philosophy, Politics, and Austrian Economics
Type: Book
ISBN: 978-1-83867-405-2

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Histories of Punishment and Social Control in Ireland: Perspectives from a Periphery
Type: Book
ISBN: 978-1-80043-607-7

Book part
Publication date: 29 August 2017

David Chaikin

The principal issue that will be considered in this chapter is how the banking sector facilitates the crimes of money laundering and tax evasion. This will entail asking a series…

Abstract

The principal issue that will be considered in this chapter is how the banking sector facilitates the crimes of money laundering and tax evasion. This will entail asking a series of related questions. Does the assistance of the banking sector in financial crime involve a small number of wayward employees at the periphery of banking? Or are multinational financial institutions willing participants in the systemic evasion of global antifinancial crime standards? In exploring these questions, the theory and practice of money laundering will be explored by focusing on the three stages of the money laundering cycle. The global anti-money laundering standards that apply to the banking sector, and the role of bank secrecy in promoting tax evasion, will be examined through a series of case studies. It will be argued that there is strong empirical evidence that the banking sector is a systemic offender facilitating financial crimes, despite the enactment of international and national antifinancial crime standards and criminal prosecutions of financial institutions.

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The Handbook of Business and Corruption
Type: Book
ISBN: 978-1-78635-445-7

Keywords

Book part
Publication date: 24 October 2017

Eric E. Otenyo and Parwez Besmel

The leadership of the Iraq and Afghanistan war has been criticized for reported cases of contractor corruption. This chapter examines the extent to which these wars have played…

Abstract

The leadership of the Iraq and Afghanistan war has been criticized for reported cases of contractor corruption. This chapter examines the extent to which these wars have played out in the political agendas of candidates for President. The hypothesis is that while the two wars continue to be a key campaign issue in election cycles, the corruption narrative is a neglected part of the discourse. There are possible reasons for the disjuncture between United States (U.S.) positions against corruption by foreign governments and contractor behaviors within the defense industry, namely the impact of corruption on voters, candidates and other stakeholders. The chapter closes with lessons about the effects of corruption on agenda setting while also contributing to research on evaluation of private-public partnerships in public policy implementation and governance.

Details

Corruption, Accountability and Discretion
Type: Book
ISBN: 978-1-78743-556-8

Keywords

Book part
Publication date: 23 May 2022

Olusola Joshua Olujobi

The lockdown and physical distancing precautions to curtail the increase of COVID-19 in Africa nearly shut down economies across the continent, caused slow trade, and triggered…

Abstract

The lockdown and physical distancing precautions to curtail the increase of COVID-19 in Africa nearly shut down economies across the continent, caused slow trade, and triggered mass poverty. Hence, the need for Africa to be interconnected with the world economy by reforming its legal systems for swift post-COVID-19 economic recovery, to utilise the legal system in addressing socio-economic shocks. The weaknesses in Africa's legal systems in response to socio-economic shocks uncovered a critical threat to humanity, despite efforts, limited resources and strategies put in place. This research adopts a library-based doctrinal legal research technique with a critical review and conceptual approach by relying on the existing literature. The aim is to explore the potency of the existing legal frameworks, such as the African Continental Free Trade Agreement and the Economic Community of West African States Protocol, to combat socio-economic shocks in Africa's Economy. The study carries out a comparative appraisal of the legal system in Ghana, Angola, Kenya, South Africa and Nigeria for useful insights in suggesting conversion of the pandemic to blessings by reforming their legal systems to embrace technologies to guarantee speedy economic recovery strategies. The study proposes a model for speedy economic recovery via legal instruments to support commercial activities. It ends with recommendations such as the reformation of the legal system to mitigate jobs losses and embrace technologies. Adopting alternative dispute resolution mechanisms, strict implementation of African Continental Free Trade Agreement for economic resilience against future economic shocks.

Details

COVID-19 in the African Continent
Type: Book
ISBN: 978-1-80117-687-3

Keywords

Book part
Publication date: 12 May 2022

Tamari Kitossa and Gökbörü Sarp Tanyildiz

Purpose: To critically explore the implications of the August 2020, decision by Carleton University’s Institute for Criminology and Criminal Justice (ICCJ) to end to its intern

Abstract

Purpose: To critically explore the implications of the August 2020, decision by Carleton University’s Institute for Criminology and Criminal Justice (ICCJ) to end to its intern program with the Ottawa police, the RCMP, Correctional Services Canada and Ottawa-Carleton Detention Centre starting in Fall 2021.

Findings: In contrast to the negative reaction of Kevin Haggerty to this decision, the authors offer a strong but qualified endorsement of the ICCJ’s move to put an end to its internship with coercive institutions. The ICCJ strategically mobilized discourses of anti-Blackness and inclusion in response to the murder of George Floyd and the individual and communitarian traumas of Black, First Nations and Metis and students colour in its program. The ICCJ did not, however, substantively engage with the ways that criminology, sociology and the university are complicit through the legitimation practices and processes of ideology, professionalization and research in the ‘violence work’ of the state. The critique, ethics and logical conclusion of abolitionism are obfuscated.

Methodology/Approach: The authors explicitly draw on the Black Radical Tradition, Neo-Marxism and radical neo-Weberianism to sketch research possibilities that resist the university as a space of violence work, both in criminology and in the professionalization of policing.

Originality/Value: The debate between the ICCJ and Kevin Haggerty is an important opportunity to critically analyze the limits of critical criminology and lacunae of a debate about abolitionism, anti-criminology and university-state nexus as a site for the production of ideological and hardware violence work. Grounded in the Black Radical Tradition, neo-Marxism and radical neo-Weberianism, the authors sketch a framework for a research agenda toward the abolition of criminology.

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Diversity in Criminology and Criminal Justice Studies
Type: Book
ISBN: 978-1-80117-001-7

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Ethnographies of Law and Social Control
Type: Book
ISBN: 978-0-76231-128-6

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