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Open Access
Article
Publication date: 8 December 2022

Jacobus Gerhardus J. Nortje

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.

Details

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

Keywords

Article
Publication date: 15 March 2013

Ashling Bourke, Daniel Boduszek and Philip Hyland

The aim of the current study is to investigate criminal psycho‐social cognition, criminal associates and personality traits as predictors of non‐violent recidivism.

Abstract

Purpose

The aim of the current study is to investigate criminal psycho‐social cognition, criminal associates and personality traits as predictors of non‐violent recidivism.

Design/methodology/approach

The sample consisted of 179 male non‐violent offenders. Each offender completed self‐report measures assessing criminal attitudes, criminal associates, criminal social identity and Eysenck's personality traits. Recidivism was assessed through self‐reported frequency of imprisonment. A sequential moderated multiple regression analysis investigated the relationship between criminal thinking, criminal social identity and level of recidivism with the moderating role of personality.

Findings

Results indicate that criminal thinking is moderated by personality in the prediction of recidivism such that respondents who score high on psychoticism and low on neuroticism and extraversion show a positive association between criminal think styles and recidivism.

Research limitations/implications

It is suggested that future research and risk assessment instruments consider the interaction between risk factors in the prediction of recidivism, rather than investigating the factors independently.

Originality/value

This study is a valuable contribution as it investigates non‐violent recidivism specifically, and informs on the moderating influence of personality in the prediction of this behaviour.

Details

Journal of Criminal Psychology, vol. 3 no. 1
Type: Research Article
ISSN: 2009-3829

Keywords

Article
Publication date: 1 February 1993

Jürgen Rüdiger Smettan

This paper presents the results of an empirical study conducted at the Max Planck Institute for Foreign and International Criminal Law, Freiburg, in 1989–91. The main…

Abstract

This paper presents the results of an empirical study conducted at the Max Planck Institute for Foreign and International Criminal Law, Freiburg, in 1989–91. The main question of the study was ‘How does the potential perpetrator calculate the costs and benefits of a profitable criminal act?’. Decision theory is used to select a special set of variables in order to explain criminal enrichment and from this four variables explained most of the criminal behaviour that is planned and carried out to yield criminal profit. Subjective evaluations of profit, risk, punishment and moral costs explained 80–90 per cent of the willingness to commit a profitable crime. Data were collected based on a specially constructed questionnaire using hypothetical decision scenarios. Criminals and non‐criminals answered the questionnaire. The two groups mainly differed in their evaluation of the moral costs and in weighting the profits and punishment of a criminal offence.

Details

Journal of Financial Crime, vol. 1 no. 2
Type: Research Article
ISSN: 1359-0790

Article
Publication date: 18 October 2011

Petter Gottschalk and Robert Smith

The purpose of this paper is to apply neutralization theory to white‐collar criminals to discuss criminal entrepreneurship.

2546

Abstract

Purpose

The purpose of this paper is to apply neutralization theory to white‐collar criminals to discuss criminal entrepreneurship.

Design/methodology/approach

The theoretical framework of neutralization techniques is applied to criminal entrepreneurship and white‐collar criminality.

Findings

A legal entrepreneur is a person who operates a new enterprise or venture and assumes some accountability for the inherent risk. Similarly, the criminal entrepreneur's task is to discover and exploit opportunities, defined most simply as situations in which there are a profit to be made in criminal activity.

Research limitations/implications

Examples of criminal entrepreneurship committed by otherwise legal entrepreneurs are commonly labeled as white‐collar criminality. This paper discusses how criminal entrepreneurship by white‐collar criminals can be explained by neutralization theory, as white‐collar criminals tend to apply techniques of neutralization used by offenders to deny the criminality of their actions.

Practical implications

Policing white‐collar criminality should be expanded to understand criminal entrepreneurs when applying neutralization theory to deny crime activities.

Social implications

Neutralization theory illustrates how serious white‐collar crime is denied by the offender.

Originality/value

As can be seen by this brief discussion of criminal entrepreneurship, white‐collar criminality and corporate and organized crime, there is a need for a concentrated research effort to clarify and explain these conflated conflicts. By discussing them in context this paper has made a contribution to the literature by introducing the concepts of entrepreneurial leadership and entrepreneurial judgment into the debate. Moreover, in discussing neutralization theory, some fresh insights can be gained into the mind of the criminal entrepreneur.

Details

Journal of Enterprising Communities: People and Places in the Global Economy, vol. 5 no. 4
Type: Research Article
ISSN: 1750-6204

Keywords

Article
Publication date: 18 November 2020

Georgy Rusanov and Yury Pudovochkin

This paper aims to study the role of money laundering in the system of modern crime.

1294

Abstract

Purpose

This paper aims to study the role of money laundering in the system of modern crime.

Design/methodology/approach

The methodology of this research will include the study of quite obvious relationships, which in themselves do not need special substantiation today, namely, money laundering and terrorism; money laundering and corruption; money laundering and organized crime.

Findings

The following methods are used in the research process: studying the sentences of the courts of the Russian Federation related to the conviction of persons for money laundering; analysis of national judicial statistics and statistics of international organizations related to money laundering; a survey of 96 experts (law enforcement officers, scientists specializing in the study of combating money laundering, government officials whose powers include activities to combat money laundering and the financing of terrorism).

Originality/value

Based on the results of the study, a number of conclusions were made. In particular, at present, in view of the built-up effective system of measures to control the income received as a result of certain types of criminal activity (corruption crime, organized crime, economic crime), money laundering has taken a leading role in the structure of modern crime.

Details

Journal of Money Laundering Control, vol. 24 no. 4
Type: Research Article
ISSN: 1368-5201

Keywords

Book part
Publication date: 1 January 2014

Brandon Chase

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…

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.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78350-785-6

Keywords

Book part
Publication date: 14 October 2022

Cody Warner

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…

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.

Details

The Justice System and the Family: Police, Courts, and Incarceration
Type: Book
ISBN: 978-1-80382-360-7

Keywords

Abstract

Details

The Citizen and the State
Type: Book
ISBN: 978-1-78973-040-1

Book part
Publication date: 22 May 2015

Robert Smith and Gerard McElwee

To explore and document the emerging international market for stolen tractors and plant in the United Kingdom. Whilst this may appear to be a criminological problem…

Abstract

Purpose

To explore and document the emerging international market for stolen tractors and plant in the United Kingdom. Whilst this may appear to be a criminological problem relating specifically to rural crime, it is a sophisticated international criminal business organised by traditional organised crime groups (OCGs) such as the Italian, Polish and Turkish Mafia’s in conjunction with a network of criminal entrepreneurs.

Methodology/approach

Using annual statistical data provided by National Farmers Union (NFU) Mutual and Plant and Agricultural National Intelligence Unit (PANIU) and other material sourced using documentary research techniques supplemented by qualitative interviews with industry specialists we present 10 micro-case studies of rural OCGs engaged in this lucrative enterprise crime. The data is verified and authenticated using narrative inquiry techniques.

Findings

There is an entrepreneurial dimension to the crime because traditional criminal families with knowledge of rural areas and rural social capital form alliances with OCGs. The practical utility of the NFU model of entrepreneurial alliances with interested parties including the police is highlighted.

Research limitations/implications

Implications for research design, ethics and the conduct of such research which are identified and discussed. These include the need to develop an investigative framework to protect academic researchers similar to guidelines in place to protect investigative journalists.

Practical implications

An investigative framework and the adaption of the business model canvass (Osterwalder & Pigneur, 2010) to cover illegal business models are proposed.

Social implications

Suggestions are provided for the need to legislate against international criminal conspiracies.

Originality/value

Uses a mixture of entrepreneurship and criminological theories to help develop an understanding of the problem from an investigative perspective.

Details

Exploring Criminal and Illegal Enterprise: New Perspectives on Research, Policy & Practice
Type: Book
ISBN: 978-1-78441-551-8

Keywords

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