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1 – 10 of 90Racial 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.
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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.
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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.
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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.
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Thalia Anthony, Juanita Sherwood, Harry Blagg and Kieran Tranter
Granting ‘sanctuary’ in the United States to those fleeing poverty and violence is rooted in a deep history of hospitality and compassion. As we are witnessing a rise in…
Abstract
Granting ‘sanctuary’ in the United States to those fleeing poverty and violence is rooted in a deep history of hospitality and compassion. As we are witnessing a rise in xenophobia accompanied by policies of exclusion, we also see a rising number of ‘sanctuary jurisdictions’ limiting their cooperation with immigration authorities that many communities consider are using extremely harsh and punitive measures to detain and deport irregular migrants. As this chapter will demonstrate, there has been a dramatic increase through ‘immigration federalism’ of the number of these jurisdictions in cities, states and municipalities since the first practices of ‘sanctuary’ in the 1980s as result of the waves of forced migration due to the civil wars in Central America. The author also proposes that those entities granting ‘sanctuary’ to irregular migrants should also apply practices of ‘compassionate migration’ as described in the chapter to expand their protections further and include them in their communities.
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Thalia Anthony, Juanita Sherwood, Harry Blagg and Kieran Tranter
Thalia Anthony, Juanita Sherwood, Harry Blagg and Kieran Tranter
Thalia Anthony, Juanita Sherwood, Harry Blagg and Kieran Tranter