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Book part
Publication date: 9 August 2023

Luke Amadi and Imoh Imoh-ita

Social movements, justice campaigns and civil activism have gained recent scholarly attention among non-Western democracies since the end of the Cold War. Yet the meaning and…

Abstract

Social movements, justice campaigns and civil activism have gained recent scholarly attention among non-Western democracies since the end of the Cold War. Yet the meaning and practical implications of civil activism remain contested especially in contexts linked to militarised democracy and the criminalisation of civil activism. Importantly, the broader political terrain within which militarised democracy is situated is increasingly changing, bringing new challenges to its understanding. This chapter builds on liberal democratic theory and discusses militarised democracy in Nigeria to critique state-centric notion of criminology. It draws on two case examples, namely the proscription of the Indigenous People of Biafra (IPOB) in 2017 by the federal government against its organised protests for self-determination and the state repressive response to the nation-wide protest against police brutality of the Special Anti-Robbery Squad (SARS) known as the #End SARS protest in 2020. Both provide on-the-ground evidence of the criminalisation of civil activism. In the alternative, this chapter reflects on how transforming democracy can redress state repression and offer a better understanding of civil activism, which can strengthen developing democracies, including addressing questions of political marginalisation, distributive justice, police brutality, inequality, repressive state response and unequal state structure accounting for organised protests.

Details

The Emerald International Handbook of Activist Criminology
Type: Book
ISBN: 978-1-80262-199-0

Keywords

Book part
Publication date: 30 April 2024

Julien Grayer

Racial stigma and racial criminalization have been centralizing pillars of the construction of Blackness in the United States. Taking such systemic injustice and racism as a…

Abstract

Racial stigma and racial criminalization have been centralizing pillars of the construction of Blackness in the United States. Taking such systemic injustice and racism as a given, then question then becomes how these macro-level arrangements are reflected in micro-level processes. This work uses radical interactionism and stigma theory to explore the potential implications for racialized identity construction and the development of “criminalized subjectivity” among Black undergraduate students at a predominately white university in the Midwest. I use semistructured interviews to explore the implications of racial stigma and criminalization on micro-level identity construction and how understandings of these issues can change across space and over the course of one's life. Findings demonstrate that Black university students are keenly aware of this particular stigma and its consequences in increasingly complex ways from the time they are school-aged children. They were aware of this stigma as a social fact but did not internalize it as a true reflection of themselves; said internalization was thwarted through strong self-concept and racial socialization. This increasingly complex awareness is also informed by an intersectional lens for some interviewees. I argue not only that the concept of stigma must be explicitly placed within these larger systems but also that understanding and identity-building are both rooted in ever-evolving processes of interaction and meaning-making. This research contributes to scholarship that applies a critical lens to Goffmanian stigma rooted in Black sociology and criminology and from the perspectives of the stigmatized themselves.

Details

Symbolic Interaction and Inequality
Type: Book
ISBN: 978-1-83797-689-8

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Article
Publication date: 13 October 2022

Ping He

The purpose of this paper is to introduce the background and significance of criminalization of self-money laundering in China and to analyze its application in judicial practice.

Abstract

Purpose

The purpose of this paper is to introduce the background and significance of criminalization of self-money laundering in China and to analyze its application in judicial practice.

Design/methodology/approach

This paper introduces the international and domestic background of the criminalization of self-money laundering, demonstrates the theoretical basis and practical significance of the changes of Article 191 in the 11th amendment to the criminal law and puts forward solutions to some controversial issues in judicial practice.

Findings

The 11th amendment to the Criminal Law, which came into force in March 2021, criminalizes self-money laundering under Article 191 and has brought an impact on the traditional theory of criminal law. There are no similar amendments to the other two crimes, namely, Article 312 and Article 349, which lead to some confusion in the judicial practice, especially in the understanding of the number of crimes, and the meaning of proceeds of crime. This paper puts forward solutions to some controversial issues in judicial practice.

Originality/value

This paper introduces the criminalization of self-money laundering in the 11th amendment to the criminal law in China, presents a comprehensive description of and comments on the difference between the Article 191 and its similar articles, namely, Article 312 and Article 349, to make a well understanding in the application of law in judicial practice, which would be beneficial to theoretical researchers and judicial professionals.

Details

Journal of Money Laundering Control, vol. 27 no. 1
Type: Research Article
ISSN: 1368-5201

Keywords

Book part
Publication date: 2 August 2023

Becky Ratero Greenberg and Maéva Thibeault

This chapter examines the relationship between neocolonialism, neoliberalism and the overrepresentation of Indigenous women and girls in Canada's criminal justice system…

Abstract

This chapter examines the relationship between neocolonialism, neoliberalism and the overrepresentation of Indigenous women and girls in Canada's criminal justice system. Indigenous women are 60% more likely to be convicted of violent offences than non-Indigenous women and they make up 42% of all federally sentenced women – while First Nations people represent approximately 5% of the total Canadian population. With an abolition feminist and decolonial theoretical framework, we argue that even when Indigenous women do commit violent crimes, their criminalisation is contingent on the legacy of colonialism. This includes the ongoing genocide against Indigenous women and girls and a neoliberal criminal justice system that reproduces gendered racial state violence and perpetrates the portrayal of stereotypes about Indigenous women, rendering them as inherently violent and ‘risky’. We examine why and how such a disproportionate number of Indigenous women end up involved in cycles of violence, with subsequent disputes with the law. This chapter advances the field of feminist criminology by building on feminist analyses of penal abolition to critique global neoliberalism and the interlocking systems that sustain the ongoing violence in which First Nations women and girls are involved.

Details

The Emerald International Handbook of Feminist Perspectives on Women’s Acts of Violence
Type: Book
ISBN: 978-1-80382-255-6

Keywords

Content available
Book part
Publication date: 9 August 2023

Abstract

Details

The Emerald International Handbook of Activist Criminology
Type: Book
ISBN: 978-1-80262-199-0

Article
Publication date: 23 February 2024

Caterina Peroni and Pietro Demurtas

The purpose of this article is to provide a critical account of the hate crime (HC) paradigm by exploring its historical legal definition and the limitations in addressing the…

Abstract

Purpose

The purpose of this article is to provide a critical account of the hate crime (HC) paradigm by exploring its historical legal definition and the limitations in addressing the multiple and structural discriminations faced by minority groups. Specifically, the article focuses on the case of Italy, where in recent years a fierce debate over a proposed law on HC against LGBT+ and disabled people ended in its rejection due to neoconservative and Catholic opposition.

Design/methodology/approach

Drawing on critical socio-criminological literature on HC, the paper analyses the Italian debates and socio-legal context over the past two decades regarding discrimination against LGBT+ groups and its (lack of) criminalization. It also provides a secondary analysis of recent data on violence and discrimination against LGBT+ people, collected by the Fundamental Rights Agency (FRA).

Findings

The analysis of the debate and the data collected shows that the criminal definition of HC is insufficient to capture the wider range of social and cultural violence and discrimination against LGBT+ people. Indeed, data analysis shows the effect of the low level of recognition of rights on the propensity of people to denounce and of social practitioners to recognize, discrimination and violence against LGBT+ people. It is therefore argued that the discussion on HC should move beyond the criminalization of individual violence to be entrenched in a broader reflection over the lack of recognition of sexual citizenship rights which perpetuates the vulnerability of LGBT+ people.

Originality/value

This paper contributes to the international socio-criminological debate on HC. It argues for a comprehensive framework that recognizes the structural nature of discrimination and violence against vulnerable groups by framing discrimination and violence against LGBT+ people as a citizenship right rather than a criminal justice issue.

Details

Safer Communities, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1757-8043

Keywords

Content available

Abstract

Details

Journal of Money Laundering Control, vol. 27 no. 2
Type: Research Article
ISSN: 1368-5201

Book part
Publication date: 2 August 2023

Carmen Hein de Campos and Cristina Rego de Oliveira

Brazil occupies third place in the world ranking in terms of the prison population in the National Penitentiary System, reflecting a policy of zero tolerance and mass imprisonment…

Abstract

Brazil occupies third place in the world ranking in terms of the prison population in the National Penitentiary System, reflecting a policy of zero tolerance and mass imprisonment of citizens in conditions of vulnerability. Even though incarcerated women are a minority group in Brazil, there is an increase in the percentage of them being subjected to criminal control. According to the latest official data, the number is approximately 38,000 women, representing an increase of 675% between 2000 and 2016 – which puts Brazil in third place among those countries that most imprison women, behind the USA and Thailand. Criminal selectivity works in an explicit way, given that the majority of incarcerated women in Brazil are young, Black, poor and semi-literate. The crime of drug trafficking accounts for more than 62% of female imprisonments, which is a much higher percentage than that of men for the same crime (41%). From a feminist perspective, this chapter analyses and reflects on the specific characteristics of female criminality related to drug trafficking, highlighting how the intersection between gender, race, class and age informs the criminalisation process of women in Brazil.

Details

The Emerald International Handbook of Feminist Perspectives on Women’s Acts of Violence
Type: Book
ISBN: 978-1-80382-255-6

Keywords

Book part
Publication date: 9 August 2023

Alejandro Forero-Cuéllar and Iñaki Rivera-Beiras

The struggle against torture and institutional violence has to be practiced in numerous scenarios: in the very places of deprivation of liberty, against workers, administrations…

Abstract

The struggle against torture and institutional violence has to be practiced in numerous scenarios: in the very places of deprivation of liberty, against workers, administrations and judges who try to hide it or justify it, but also, it’s a struggle against an academy that, too often, has decided to look the other way. In order to be activist, criminology must leave the classroom and enter the places of deprivation of liberty. It must engage with victims and survivors and it has to make political and social denunciations, organising itself and weaving networks with other social organisations that fight for the same goal. Unfortunately, it also has to fight against the very obstacles that the criminal justice system institutions pose; the denunciations and persecution of these same institutions and some police and prison workers groups and unions; the dirty war against terrorism and political dissent; and the criminalisation of some mass media and also of the academic world, where activism against this phenomenon is a minority and marginalised. These two sides of the same coin, involvement in anti-torture activist movements, as well as persecution and criminalisation when challenging state power, is what the authors of this chapter have experienced in Catalonia and Spain. While we fight against torture outside the classroom, we also carry out activism inside the classroom, teaching what other academics do not want to engage with, and pointing out the political elements of criminology and the action of the penal system. In this chapter, the authors highlight the use of torture and other cruel, inhuman or degrading treatment or punishment in custody and prison, and in the context of police activity in Spain. Then, the authors explain the structures of denial (political, judicial and academic) that allow its perpetuation and impunity. The text ends with a journey through the configuration of activist criminology in Spain that unites critical analysis from a legal sociology perspective with collective and activist intervention.

Details

The Emerald International Handbook of Activist Criminology
Type: Book
ISBN: 978-1-80262-199-0

Keywords

Article
Publication date: 12 June 2023

Thanee Chaiwat and Torplus Yomnak

The economic theory of crime states that crime can be prevented by either increasing the probability of being detected or increasing penalties. However, individual responses to…

Abstract

Purpose

The economic theory of crime states that crime can be prevented by either increasing the probability of being detected or increasing penalties. However, individual responses to fines and imprisonment may vary, and corruption can reduce both the probability of being detected and punishment costs. The purpose of this study is to investigate the effects of corruption on crime prevention.

Design/methodology/approach

This study used an experiment to investigate the effects of criminalisation and corruption. This study tested whether individuals respond differently to variables on the probability of being detected and punishment costs and whether corruption affects these variables.

Findings

The results of this study demonstrated that increasing the probability of being detected initially reduces crime rates more efficiently than increasing penalties, then the efficiency gradually reduces, and that corruption reduces the effectiveness of detection and punishment.

Research limitations/implications

Ineffective corruption prevention is not solely attributed to corrupt police, as illicit payments and personal connections also contribute to corruption.

Practical implications

Policymakers and law enforcement agencies should focus on preventive measures by increasing the chance of being detected, creating transparency and encouraging public participation to address corruption problems thoroughly.

Originality/value

This research conducted in Thailand investigates the effectiveness of crime-prevention mechanisms and considers the impact of corruption. This study offers insights into how criminals perceive detection and punishment costs under different social-political environments.

Details

Journal of Financial Crime, vol. 31 no. 1
Type: Research Article
ISSN: 1359-0790

Keywords

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