Search results

1 – 10 of over 17000
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 question of…

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.

2901

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.

2378

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

Article
Publication date: 18 September 2023

Robert Smith

The stereotypes of the dodgy businessman and businessman gangster are established typologies in both the criminology and family business literature, but nevertheless, there is…

Abstract

Purpose

The stereotypes of the dodgy businessman and businessman gangster are established typologies in both the criminology and family business literature, but nevertheless, there is still an evident dearth of substantive studies on the topic. Family business scholars have begun to acknowledge the limited nature of such explorations of criminality in family firm businesses. The purpose of this article is therefore to review, synthesise and solidify existing research on this under-researched area of family business management.

Design/methodology/approach

This perspective article explores and synthesises the links between acquisitive crime, criminal predation and family business to address an identifiable research gap in the literature of criminology, entrepreneurship and family business. It examines the overlap between criminal activities and business practices, shedding light on how individuals in the family business community may become involved in criminal activities due to various factors, including coercion, addiction and financial gain.

Findings

This perspective highlights emerging research trends that have the potential to increase the knowledge about the “dark side” of family business.

Research limitations/implications

Being a perspective paper this brief exploration of the literature can only cover a small cross section of the literature. A conceptual model emerges, which illustrates shared aspects of crimino-entrepreneurial identity between authentic entrepreneurs and criminals.

Originality/value

This perspective article scopes the extant literature covering the links between acquisitive crime, criminal predation and family business to help guide the direction of future research. The piece presents new perspectives on the intersection of acquisitive crime and family business, and its novelty lies in its synthesis of the disparate elements from the diverse literature to contribute to the said literature.

Details

Journal of Family Business Management, vol. 14 no. 3
Type: Research Article
ISSN: 2043-6238

Keywords

Article
Publication date: 19 October 2023

Ace Vo and Miloslava Plachkinova

The purpose of this study is to examine public perceptions and attitudes toward using artificial intelligence (AI) in the US criminal justice system.

Abstract

Purpose

The purpose of this study is to examine public perceptions and attitudes toward using artificial intelligence (AI) in the US criminal justice system.

Design/methodology/approach

The authors took a quantitative approach and administered an online survey using the Amazon Mechanical Turk platform. The instrument was developed by integrating prior literature to create multiple scales for measuring public perceptions and attitudes.

Findings

The findings suggest that despite the various attempts, there are still significant perceptions of sociodemographic bias in the criminal justice system and technology alone cannot alleviate them. However, AI can assist judges in making fairer and more objective decisions by using triangulation – offering additional data points to offset individual biases.

Social implications

Other scholars can build upon the findings and extend the work to shed more light on some problems of growing concern for society – bias and inequality in criminal sentencing. AI can be a valuable tool to assist judges in the decision-making process by offering diverse viewpoints. Furthermore, the authors bridge the gap between the fields of technology and criminal justice and demonstrate how the two can be successfully integrated for the benefit of society.

Originality/value

To the best of the authors’ knowledge, this is among the first studies to examine a complex societal problem like the introduction of technology in a high-stakes environment – the US criminal justice system. Understanding how AI is perceived by society is necessary to develop more transparent and unbiased algorithms for assisting judges in making fair and equitable sentencing decisions. In addition, the authors developed and validated a new scale that can be used to further examine this novel approach to criminal sentencing in the future.

Details

Journal of Information, Communication and Ethics in Society, vol. 21 no. 4
Type: Research Article
ISSN: 1477-996X

Keywords

Article
Publication date: 28 December 2023

Nimrah Ishfaq and Anila Kamal

This study aims to differentiate crime-related characteristics (such as the number of cases filed against current convictions and criminal history) based on the criminal thinking…

Abstract

Purpose

This study aims to differentiate crime-related characteristics (such as the number of cases filed against current convictions and criminal history) based on the criminal thinking prevailing among convicts. However, because of the low reliability of subscales and poor structural validity of indigenous and translated versions of international instruments, a new instrument criminal attitude measure (CAM) was extracted to measure criminal thinking patterns among convicts incarcerated in central prisons of Punjab.

Design/methodology/approach

A cross-sectional research design was used. Data was collected from 1,949 male convicts (extracting mutually exclusive data from 649 respondents for EFA and 1,300 respondents for confirmatory factor analysis [CFA]). Both data samples were collected from convicts incarcerated in the nine (all) central jails of Punjab, Pakistan.

Findings

The results of this study showed poor model fit for both the indigenous criminal thinking scale and the translated version of criminogenic cognition scale. CAM was extracted through principal component analysis and proposed as a 15-item questionnaire with five factors extracted through varimax rotation. Those five factors are power orientation, mollification, entitlement, mistrust toward authorities and short-term orientation. The results of CFA for CAM confirmed the proposed five-factor structure for the construct. Findings based on MANOVA further found that CAM differentiates between the thinking patterns of recidivists, convicts with multiple charges filed against them in current convictions and convicts with a familial criminal record. The findings of this study showed that CAM is a practical, valid and reliable instrument for measuring criminal thinking among convicts.

Research limitations/implications

In this study, using the survey method was inevitable because of the restrictions imposed by the granted permission. However, this time duration was extended because of the courtesy of the Superintendent and Deputy Superintendent of each jail. This study is focused on a male sample only, and the findings cannot be generalized to females. The phenomena proposed (based on large data sets) in this study can further be elaborated using qualitative research designs and methods (using a small sample with an in-depth study). So, it is also suggested to test this new instrument on a comparative study between prisoners and non-prisoners to explore whether scale can differentiate between these two groups.

Practical implications

A short-scale and easy-to-administer instrument was developed for assessing major criminogenic needs among convicts for prison management, i.e. assigning barracks, allocating treatment and also detecting changes in attitude after imprisonment.

Originality/value

To the best of the authors’ knowledge, this study is the first study to explore and validate the construct of criminal attitudes among convicts using both the EFA and CFA. A small and valid instrument facilitates the measurement of criminogenic needs among prisoners. Data was collected from all central jails in Punjab. This study explored comparatively less researched crime characteristics in a relatively large sample.

Details

Journal of Criminal Psychology, vol. 14 no. 3
Type: Research Article
ISSN: 2009-3829

Keywords

Article
Publication date: 3 May 2023

Bhavna Mahadew

The lack of legal framework on corporate criminal liability (CCL) in Mauritius is a matter of concern with the growing number of corporate crimes. The purpose of the paper is…

Abstract

Purpose

The lack of legal framework on corporate criminal liability (CCL) in Mauritius is a matter of concern with the growing number of corporate crimes. The purpose of the paper is therefore to provide a critical overview of the existing framework on CCL in Mauritius with the aim of underlining its deficiencies and lacunas. As a consequence, an attempt is made to compare the Mauritian model with the French one, so that salient features and characteristics of the French model of CCL can be borrowed into the Mauritian legal framework.

Design/methodology/approach

This paper adopts the black-letter approach and the comparative research methodology. The legislative framework of Mauritius on CCL will be compared to the related laws of France with the goal of drawing lessons and inspirations for Mauritius, given that the French model of CCL is well established and highly effective.

Findings

The mandatory application of the identification principle in CCL, inspired from the British common law, is a serious impediment towards successful criminal prosecution of companies responsible for criminal offences. In addition, the lack of clear legal provisions on substantive and procedural aspects of CCL is a matter of concern and demonstrates the dire need for legal amendments and action from the legislator as the paper discusses.

Originality/value

To the best of the author’s knowledge, this paper will be among the very first one tackling this area of law from a comparative perspective. The issue of CCL has indeed receive very little academic attention and this paper will help in filling the literature gap on this matter. It will also help future research on the matter for students, academics and corporate law practitioners.

Details

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

Keywords

Article
Publication date: 6 September 2023

Zeynab Malakouti Khah and Aref Khalili Paji

The purpose of this study is to examine Iran’s anti-money laundering (AML) system from a legal and criminal perspective and to understand the obstacles for international…

Abstract

Purpose

The purpose of this study is to examine Iran’s anti-money laundering (AML) system from a legal and criminal perspective and to understand the obstacles for international cooperation and the extent to which it aligns with financial action task force (FATF) standards. In this regard, three aspects are examined, namely, enforcement and guarantees of preventive measures, penalty for ML offences and the burden of proof.

Design/methodology/approach

This subject is examined through the legal–criminal perspective, which concentrates on the effectiveness of legal measures in tackling criminal issues by focusing on criminal law. The legal–criminal viewpoint considers criminal behaviour as a breach of societal norms and strives to combat it through legal channels.

Findings

Iran’s AML laws and regulations are partially compliant with the financial action task force (FATF) recommendations. However, the main obstacle is not the lack of sufficient laws, rather the lack of proper implementation of these laws. In addition, there are foundational shortages, such as the absence of a national risk document to guide an action based on current risks.

Originality/value

No comprehensive study has analysed Iran’s AML laws, referring to the three main aspects of enforcement and guarantees of preventive measures, penalties for ML offenses and the burden of proof. In general, there are few research papers on Iran’s AML laws owing to Iran’s high ranking in ML/TF. However, analysing Iran’s regulations can be helpful in taking a step towards effective international AML practices.

Details

Journal of Money Laundering Control, vol. 27 no. 4
Type: Research Article
ISSN: 1368-5201

Keywords

Open Access
Article
Publication date: 28 March 2023

Avitus Agbor Agbor

Over a decade since the Special Criminal Court (SCC) was established in Cameroon, hundreds of individuals have been indicted, tried and convicted. Sentences have been imposed…

Abstract

Purpose

Over a decade since the Special Criminal Court (SCC) was established in Cameroon, hundreds of individuals have been indicted, tried and convicted. Sentences have been imposed, most of which include a term of imprisonment (principal punishment/penalty) and confiscation as accessory penalty or punishment. Research focus has not been directed at the sentences which, as argued in this paper, are inconsistent, incommensurate with the amounts of money stolen and a significant departure from the Penal Code. This paper aims to explore the aspect of sentencing by the SCC.

Design/methodology/approach

To identify, highlight and discuss the issue of sentencing, the paper looks at a blend of primary and secondary materials: primary materials here include but not limited to the judgements of the SCC and other courts in Cameroon and the Penal Code. Secondary materials shall include the works of scholars in the fields of criminal law, criminal justice and penal reform.

Findings

A few findings were made: first, the judges are inconsistent in the manner in which they determine the appropriate sentence. Second, in making that determination, the judges would have been oblivious to the prescripts in the Penal Code, which provides the term of imprisonment, and in the event of a mitigating circumstance, the prescribed minimum to be applied. Yet, the default imposition of an aggravating circumstance (being a civil servant) was not explored by the SCC. Finally, whether the sentences imposed are commensurate with the amounts of monies stolen.

Research limitations/implications

This research unravels key insights into the functioning of the SCC. It advances the knowledge thereon and adds to the literature on corruption in Cameroon.

Practical implications

The prosecution and judges at the SCC should deepen their knowledge of Cameroonian criminal law, especially on the nature of liberty given to judges to determine within the prescribed range of the sentence to be imposed but also consider the existence of an aggravating factor – civil servant. They must also consider whether the sentences imposed befit the crime for which they are convicted.

Originality/value

The paper is an original contribution with new insights on the manner in which sentencing should be approached by the SCC.

1 – 10 of over 17000