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Hong Lu, Bin Liang and Deena DeVore
The victim’s rights movement and restorative justice (RJ) have gained momentum around the world. More laws and policies have focused on crime victims and their families. Western…
Abstract
The victim’s rights movement and restorative justice (RJ) have gained momentum around the world. More laws and policies have focused on crime victims and their families. Western literature suggests that the victim’s family suffers physical, emotional, and financial tolls and that the power of the victim’s family in pursuing justice for their loved ones remains limited. This is particularly concerning within the political and legal context of the abolitionist movement, innocence project, and human rights groups’ campaigns against police torture. Grounded in the perspectives of RJ and Chinese legal culture, this study examines the victim’s family, represented by Ding and senior Yu, of the Nian Bin capital murder case. Drawing on published reports and using the thematic content analysis method, this study examines the following aspects of victim’s family in a death penalty case: 1) victim family’s physical, emotional, and financial tolls; 2) victims’ family and the criminal justice system; 3) victims’ family and the media; and 4) the relationship between the victims’ and the accused’s families. This study concludes with discussions of the competing goals of families impacted by a crime and RJ practices that would help mitigate the loss of the victim’s family and enhance their confidence in the criminal justice system.
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Nicole C. Jones Young and Kemi S. Anazodo
Criminal history has been conceptualised as a socially stigmatised identity. From this perspective, we can understand criminal history as invisible, concealable and ‘not readily…
Abstract
Criminal history has been conceptualised as a socially stigmatised identity. From this perspective, we can understand criminal history as invisible, concealable and ‘not readily apparent to others’ (Chaudoir & Fisher, 2010, p. 236). Although previous periods of incarceration cannot be detected per se, during this chapter, we present several elements, such as embodiment, appearance-based inferences (i.e. assumptions of what a criminal history looks like), and information as proxy (e.g. résumé gaps, credit history), which may contribute to individual assessments and interpretations of the appearance of a criminal history. Once perceived, these elements may contribute an array of unique career experiences as individuals with a criminal history seek to navigate their employment experience. Therefore, this chapter offers insight into how the appearance of criminal history information, particularly when presented without a thorough explanation, may be left to interpretation and bias throughout the employment experience.
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There is an evolving literature on criminal entrepreneurship which situates it as a sub-topic of the organised crime literature and either mythologies and elevates the criminal…
Abstract
There is an evolving literature on criminal entrepreneurship which situates it as a sub-topic of the organised crime literature and either mythologies and elevates the criminal entrepreneur to Mafioso status or ascribes it to being an activity carried out by criminal cartels; or else it trivialises and minimises it as being ‘White-Collar Criminality’. In reality, entrepreneurship pervades everyday criminal life as it pervades the everyday practices of policing. In this chapter, the author acknowledges the existence of a ‘Crimino-Entrepreneurial Interface’ populated by a cast of criminal actors including the ubiquitous ‘Businessman Gangster’. These criminally entrepreneurial actors operate within a specific milieu or ‘Enterprise Model of Crime’ and operate alongside the legitimate ‘Entrepreneurial Business Community’. Within the two conjoined systems, there is a routine exchange of interactions either parasitical or symbiotic and these coalesce to form an ecosystem of enterprise crime in which it is not only the ubiquitous criminal entrepreneur who is present but a veritable cast of entrepreneurially motivated criminal actors. As well as the established business community there is a parallel, alternative community which is situated in the so-called ‘Criminal Areas’ where the traditional criminal fraternity carry out their nefarious entrepreneurial activities. Within such areas, an underclass exists which provides the criminal workforce for organised crime. The traditional criminal ecosystem is the natural habitat for the police, and it is around this activity that police are traditionally organised. A perpetual cycle of crime is set up which requires policing, but this leaves an unpoliced void which the entrepreneurial criminals exploit. It is necessary to understand the criminal places and spaces exploited by Organised Crime and what roles other criminal actors and facilitators play in the enterprise model. It is also necessary to understand the so-called ‘Perverse Model of Policing’ which distorts and magnifies the true scale of the problem and to appreciate how Serious and Organised Crime corrupt and infiltrate the legitimate ‘upperworld’ before one can understand the true scale of entrepreneurialism in policing and criminal contexts.
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Not all pressured, greedy, and opportunistic individuals actually commit white-collar crime. So what exactly is the common denominator for individuals to commit white-collar…
Abstract
Not all pressured, greedy, and opportunistic individuals actually commit white-collar crime. So what exactly is the common denominator for individuals to commit white-collar crime? This study investigates the propensity of an individual to commit white-collar crime and advances personality as an explanatory factor. Questionnaire survey data is collected from 357 undergraduate accounting students in a later year accounting course at a large university in Australia. Personality is measured using the Big Five Inventory. Support is provided for the view that individuals scoring lower in agreeableness and lower in conscientiousness have a higher propensity to commit white-collar crime. While no significant main effect associations emerged for extraversion, neuroticism, or openness to experience, inspection of individual parameter estimates revealed a significant negative association between neuroticism and propensity to commit white-collar crime but only in certain circumstances.
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Amy Kroska, James Daniel Lee and Nicole T. Carr
We test the proposition that criminal sentiments, which we define as a negative and potent view of a juvenile delinquent (JD), moderate the effect of a delinquency adjudication on…
Abstract
Purpose
We test the proposition that criminal sentiments, which we define as a negative and potent view of a juvenile delinquent (JD), moderate the effect of a delinquency adjudication on self-sentiments. We expect criminal sentiments to reduce self-evaluation and increase self-potency among juvenile delinquents but have no effect on self-sentiments among non-delinquents. We also examine the construct validity of our measure of criminal sentiments by assessing its relationship to beliefs that most people devalue, discriminate against, and fear JDs.
Methodology
We test these hypotheses with self-administered survey data from two samples of college students and one sample of youths in an aftercare program for delinquent youths. We use endogenous treatment-regression models to identify and reduce the effects of endogeneity between delinquency status and self-sentiments.
Findings
Our construct validity assessment shows, as expected, that criminal sentiments are positively related to beliefs that most people devalue, discriminate against, and fear JDs. Our focal analyses support our self-evaluation predictions but not our self-potency predictions.
Practical implications
Our findings suggest that the negative effect of a delinquency label on JDs’ self-esteem depends on the youths’ view of the delinquency label.
Originality/value
This study is the first to test a modified labeling theory proposition on juvenile delinquents.
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