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1 – 10 of over 6000This paper aims to examine the shift away from the traditional distinction between organised crime and terrorist groups towards their conceptual convergence under the crime-terror…
Abstract
Purpose
This paper aims to examine the shift away from the traditional distinction between organised crime and terrorist groups towards their conceptual convergence under the crime-terror nexus narrative in the context of international security and development policy in post-Soviet Central Asia. It assesses the empirical basis for the crime-terror and state-crime nexus in three Central Asian countries – Kyrgyzstan, Tajikistan and Uzbekistan – and argues that the exclusion of the state from the analytical framework undermines the relevance of the crime-terror paradigm for policy-making.
Design/methodology/approach
This paper draws on a literature review of academic research, recent case studies highlighting new empirical evidence in Central Asia and international policy publications.
Findings
There is a weak empirical connection between organised crime and Islamic extremists, such as the Islamic Movement of Uzbekistan and Hizbut Tahrir, in Central Asia. The state-crime paradigm, including concepts of criminal capture, criminal sovereignty and criminal penetration, hold more explanatory power for international policy in Central Asia. The crime-terror paradigm has resulted in a narrow and ineffective security-oriented law enforcement approach to counter-narcotics and counter-terrorism but does not address the underlying weak state governance structures and political grievances that motivate organised crime and terrorist groups respectively.
Originality/value
International policy and scholarship is currently focussed on the areas of convergence between organised crime and terrorist groups. This paper highlights the continued relevance of the traditional conceptual separation of terrorist and organised crime groups based on their different motives, methods and relationship with the state, for security and democratic governance initiatives in the under-researched Central Asian region.
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Ayodeji Aluko and Mahmood Bagheri
Money laundering is indeed a global phenomenon which undermines the economic and political stabilities of States. However, as much as money laundering is a global phenomenon, over…
Abstract
Purpose
Money laundering is indeed a global phenomenon which undermines the economic and political stabilities of States. However, as much as money laundering is a global phenomenon, over the last decade, it has been apparent that development countries have been more exposed and vulnerable to its exploits. Thus, the purpose of this paper is to evaluate, specifically, the impact of money laundering on economic development, financial stability and also political development of “developing countries”. Hence, the aim and purpose of the paper is to deeply analyse the immense scale, concise effect and impact of the phenomenon of money laundering that hinders economic and political growth in developing countries in contrast to the developed countries. The paper also intends to examine the above issues in the context of Nigeria as a developing country.
Design/methodology/approach
In developing this paper, emphasis was placed on primary sources of information and references to secondary sources of information where relevant. Therefore, the methodology employed in this paper is analytical and based on the facts reflected in the secondary sources and also legal and socio‐economic analyses of money laundering phenomenon.
Findings
The phenomenon of money laundering, amongst other economic and financial crimes have had better success in infiltrating into the economic and political structures of most developing countries therefore resulting to economic digression and political instability. Although, developing countries have responded and continue to respond, through legislative measures, to the menace of money laundering, at national level, however, money launderers, have exploited the lax regulatory environment, vulnerable financial systems along with persistence civil and political unrest of most the developing countries. The findings of the paper also highlight the relationship between corruption and money laundering in developing countries.
Originality/value
The paper is very unique in its approach as it combines legal analyses with social philosophy or combating money laundering and from a perspective of law of development both at the national and international levels, it focuses on the negative impacts of money laundering on the development of developing countries such as Nigeria.
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The party faces both extreme internal divisions -- which helped spark the July uprising -- and increasing voter disaffection, raising questions about its longevity as the ruling…
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DOI: 10.1108/OXAN-DB265551
ISSN: 2633-304X
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The purpose of this paper is to highlight both the ways in which transnational organized crime has developed and will develop, and also some problems in relation to financing…
Abstract
Purpose
The purpose of this paper is to highlight both the ways in which transnational organized crime has developed and will develop, and also some problems in relation to financing economic organized crime networks. These are related to the problem of state capture problem in emerging democracies.
Design/methodology/approach
The literature and other sources have been reviewed to analyse trends relating to transnational crime organisations.
Findings
It was found that criminal organisations have moved in the last few years to strengthen their economic power, putting pressure on to states' politics through their networks. In some cases (such as tycoons in transitional countries) it seems that they have already entered a third phase – movement into politics. This form of elite organized crime could be characterised as a fifth branch of state authority, because it is influences, through the means of a great amount of money, corruption, networking and extortion, both the state economy and policy.
Originality/value
The analyses and conclusions help us to understand the transformation of organized crime and its influence on modern society, especially in emerging democracies. This may allow politicians and others to predict how economic organized crime will act in the future and how to avoid the current pressure being exerted by these groups.
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For contemporary American young adults (aged 18–29), coresidence with parents is now the most common living arrangement. Recent research on residential transitions out of and back…
Abstract
For contemporary American young adults (aged 18–29), coresidence with parents is now the most common living arrangement. Recent research on residential transitions out of and back into the parental home shows that residential independence is still common, meaning that many young adults coreside with parents after first leaving the nest. The timing of residential independence and subsequent coresidence is often tied to other life-course outcomes, such as relationships and employment, as well as characteristics of the family context, such as family structure and financial resources. A small body of research also demonstrates that residential transitions are common following criminal justice contact experiences such as arrests and periods of incarceration. While this association does not appear to be explained by the family context, the current study argues there are several reasons to anticipate heterogeneity in coresidence patterns based on the childhood family context. Drawing on data from the 1997 cohort of the National Longitudinal Survey of Youth, I find that criminal justice contact is associated with coresidence with parents during young adulthood in a fairly consistent manner across different dimensions of family context (although parental education may play a role). These findings demonstrate the power of the criminal justice system in directing or redirecting residential trajectories and have implications for both individuals with contact and their families.
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The purpose of this paper is to critically analyse the extent of protection available for whistleblowers in South African criminal cases.
Abstract
Purpose
The purpose of this paper is to critically analyse the extent of protection available for whistleblowers in South African criminal cases.
Design/methodology/approach
This paper first provides a brief background of crime in South Africa and argues that the concept of the whistleblower is just a buss word or collective noun. The methodology of this paper consists of a literature review of whistleblowers and relevant laws that can be used to protect whistleblowers in South African criminal cases.
Findings
This paper concludes that the existing law as primarily contained in the Criminal Procedure Act 51 of 1977 provides appropriate protection for whistleblowers in South African criminal cases.
Research limitations/implications
Whistleblowers provide information on criminal, civil and disciplinary wrongdoings. This study focuses on the protection of whistleblowers pursuant to mainly the provisions of the Criminal Procedure Act 51 of 1977.
Originality/value
The originality of this paper lies in the approach to the handling of whistleblowers in South African criminal cases. This is the first research done with the emphasis on the use of mainly the provisions of the Criminal Procedure Act 51 of 1977 to protect whistleblowers in South African criminal cases. The contribution of the study is that, by using this approach, it can provide protection and save lives, and it may enhance the willingness of whistleblowers to blow the whistle, which will be beneficial to the community of South Africa as a whole.
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In North Korea, illicit activities directly or implicitly supported by the North Korean Government are an integral part of the nation’s survival strategies. This study aims to…
Abstract
Purpose
In North Korea, illicit activities directly or implicitly supported by the North Korean Government are an integral part of the nation’s survival strategies. This study aims to discuss how North Korea directs its national power and resources to facilitate narcotics trafficking activities and how the role of North Korean State in the narcotics trafficking network has changed over time since the 1970s.
Design/methodology/approach
Analysis of narcotics trafficking in North Korea has primarily involved a review of secondary data, including previous academic research in this field, news articles, circumstantial and forensic evidence, seizure data and defector testimony.
Findings
This paper argues that prior to 2000, North Korea was systematically and directly engaged in narcotics production and distribution. The nation state could be regarded as a form of “criminal sovereignty”, because the sovereign state is itself criminal. However, in the post-2000s, North Korea’s Government began to gradually withdraw from narcotics trafficking, creating space for various non-state actors – such as criminal syndicates, private traders and local officials – to enter the once-monopolistic network. De-centralisation of narcotics trafficking network in North Korea suggests that the state’s criminal sovereignty may be gradually eroding and the pattern of state criminalisation in North Korea may be transforming.
Originality/value
This paper draws on theories concerning state criminalisation to understand the changing dynamics of narcotics trafficking network in North Korea.
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Guided by Ericson’s counter-law analytic, the focus of this paper is how peace bonds erode traditional criminal law principles to govern uncertainty and provide applicants with a…
Abstract
Guided by Ericson’s counter-law analytic, the focus of this paper is how peace bonds erode traditional criminal law principles to govern uncertainty and provide applicants with a “freedom from fear” (Ericson, 2007a). Peace bonds permit the courts to impose a recognizance on anyone likely to cause harm or “personal injury” to a complainant. This paper conducts a critical discourse analysis to answer the question: how and to what extent are peace bonds a form of counter-law? Facilitated by the erosion of traditional criminal law principles and rationalized under a precautionary logic, proving that a complainant is fearful through a peace bond can result in the expansion of the state’s capacity to criminalize and conduct surveillance.
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Megan Kurlychek, Shawn Bushway and Megan Denver
Employers using criminal background checks to make hiring determinations must carefully balance the need to protect themselves and their clients against legal mandates designed to…
Abstract
Purpose
Employers using criminal background checks to make hiring determinations must carefully balance the need to protect themselves and their clients against legal mandates designed to protect the rights of individuals with criminal records. Yet, surprisingly little research examines this balancing act. The purpose of this paper is to examine how one large agency, the New York Department of Health (DOH), navigates a myriad of mandates to convey and create legitimacy in compliance with complex legal mandates and contrasting interests.
Design/methodology/approach
Prior research on civil right legislation suggests that while companies may create regulations that appear to comply with such mandates, their actual practice does not always comply with their own rules (Dobbin et al., 1988). Therefore, this study addresses two key questions: do the DOH policies appear to comply with the relevant New York State law and does the DOH effectively implement the policies in a way that upholds New York State law. Specifically, this study estimates probit models on a sample of over 7,000 potential employees with criminal records to determine compliance with the criteria established by law and policy.
Findings
Findings show that the variables indicated by law/regulations such as offense severity and time since conviction work in the intended direction. Using only these criteria the models are able to correctly predict clearance decisions approximately of the time and that extra-legal factors such as race and gender do not further influence final determinations.
Practical implications
These findings have practical implications for employers as they show that it is possible for employers to design formal rules that navigate this complex landscape while still opening up employment opportunities for individuals with criminal records.
Originality/value
This is important as many employers either utilize criminal background checks without regulation or are fearful of embarking on efforts to meet regulations such as those promulgated by the EEOC. This research is the first of its kind to actually document and explore the ability of a large employer to conduct socially responsible criminal history background checks.
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This study aims to ask how HIV/AIDS is arranged as a public threat in and through Canadian law, particularly in relation to transmission, and how strategies of capture extend the…
Abstract
Purpose
This study aims to ask how HIV/AIDS is arranged as a public threat in and through Canadian law, particularly in relation to transmission, and how strategies of capture extend the affective force of criminalization leading to poor health outcomes for persons living with HIV/AIDS.
Design/methodology/approach
This is a conceptual paper with a focus on applying affect theorist Jasbir Puar’s work on assemblage and debility. The authors use Puar’s work to frame the conditions that persons with HIV/AIDS experience in the Canadian criminal justice context as debilitating.
Findings
The authors found that while HIV transmission is not itself a criminal act in the Canadian criminal justice context, activities where transmission is prevalent or possible have been criminalized, particularly in relation to nondisclosure of health status, sex work and substance use. Further, the authors found that when the activities associated with HIV transmission are criminalized, strategies of capture extend the affective force of criminalization first in the inadequate provision of health-care and pharma-care services, second in state resistance to implement harm reduction measure and third in punitive population management strategies.
Originality/value
Persons living with HIV/AIDS have historically experienced stigmatization, especially intersecting with neoliberal, white supremacist and heteropatriarchal axes of power. This paper uses assemblage theory to shore up how these relations operate in ways that close off possibilities, by constituting the HIV/AIDS assemblage as a criminal – rather than a health phenomenon. This paper, thus, holds Canada to account for debilitating a historically disadvantaged and multiplying marginalized population.
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