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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 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.

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

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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 relating…

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

Abstract

Details

A History of the Assessment of Sex Offenders: 1830–2020
Type: Book
ISBN: 978-1-78769-360-9

Book part
Publication date: 12 August 2017

Amy Kroska, James Daniel Lee and Nicole T. Carr

We test the proposition that criminal sentiments, which we define as a negative and potent view of a juvenile delinquent (JD), moderate the effect of a delinquency adjudication on…

Abstract

Purpose

We test the proposition that criminal sentiments, which we define as a negative and potent view of a juvenile delinquent (JD), moderate the effect of a delinquency adjudication on self-sentiments. We expect criminal sentiments to reduce self-evaluation and increase self-potency among juvenile delinquents but have no effect on self-sentiments among non-delinquents. We also examine the construct validity of our measure of criminal sentiments by assessing its relationship to beliefs that most people devalue, discriminate against, and fear JDs.

Methodology

We test these hypotheses with self-administered survey data from two samples of college students and one sample of youths in an aftercare program for delinquent youths. We use endogenous treatment-regression models to identify and reduce the effects of endogeneity between delinquency status and self-sentiments.

Findings

Our construct validity assessment shows, as expected, that criminal sentiments are positively related to beliefs that most people devalue, discriminate against, and fear JDs. Our focal analyses support our self-evaluation predictions but not our self-potency predictions.

Practical implications

Our findings suggest that the negative effect of a delinquency label on JDs’ self-esteem depends on the youths’ view of the delinquency label.

Originality/value

This study is the first to test a modified labeling theory proposition on juvenile delinquents.

Book part
Publication date: 6 November 2018

Alessandro Corda

Collateral consequences (CCs) of criminal convictions such as disenfranchisement, occupational restrictions, exclusions from public housing, and loss of welfare benefits represent…

Abstract

Collateral consequences (CCs) of criminal convictions such as disenfranchisement, occupational restrictions, exclusions from public housing, and loss of welfare benefits represent one of the salient yet hidden features of the contemporary American penal state. This chapter explores, from a comparative and historical perspective, the rise of the many indirect “regulatory” sanctions flowing from a conviction and discusses some of the unique challenges they pose for legal and policy reform. US jurisprudence and policies are contrasted with the more stringent approach adopted by European legal systems and the European Court of Human Rights (ECtHR) in safeguarding the often blurred line between criminal punishments and formally civil sanctions. The aim of this chapter is twofold: (1) to contribute to a better understanding of the overreliance of the US criminal justice systems on CCs as a device of social exclusion and control, and (2) to put forward constructive and viable reform proposals aimed at reinventing the role and operation of collateral restrictions flowing from criminal convictions.

Book part
Publication date: 6 November 2018

Andrea Leverentz

This chapter focuses on how people with a history of short-term incarceration engage with the criminal justice system. It is based on analysis of interview data with men and women…

Abstract

This chapter focuses on how people with a history of short-term incarceration engage with the criminal justice system. It is based on analysis of interview data with men and women who had been incarcerated in a county-level facility in Massachusetts; they were interviewed up to five times (once prerelease and four times postrelease). A primary goal of most was to be free of or minimize criminal justice system contact (not just incarceration), and this drove their approach to criminal justice system contact. In spite of this goal, they often remained ensnared for lengthy periods.

Details

After Imprisonment
Type: Book
ISBN: 978-1-78769-270-1

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Book part
Publication date: 24 October 2017

Cara E. Rabe-Hemp, Philip Mulvey and Morgan Foster

Issues of crime, justice, and incarceration play a crucial role in electoral politics. Recent Gallup polls reveal that nearly half of Americans view crime as an extremely serious…

Abstract

Issues of crime, justice, and incarceration play a crucial role in electoral politics. Recent Gallup polls reveal that nearly half of Americans view crime as an extremely serious or very serious problem. Such polls also reveal that Americans have little confidence in the criminal justice system. These issues have been exacerbated recently by the deaths of several young Black men including Michael Brown in Ferguson, Missouri, Eric Garner in Staten Island, New York, and Laquan McDonald in Chicago, Illinois, which brought national attention to the strained relationships between local law enforcement agencies and the communities that they are sworn to serve and protect. Ironically, this concern coincides with a U.S. crime rate that has dropped steadily for more than a decade. Why is the American public increasingly concerned with crime if crime rates are steadily dropping? This chapter explores the role of crime, politics, and media imagery in the making of criminal justice policy. We argue that crime is one of the most enduring political issues of this century and that, in turn, politicians have played a fundamental role in constructing criminal justice policies. The implications for public governance and policymaking are many, as criminal justice policies rely on the public perception of officials as legitimate and just. Scandal and corruption reduce the legitimacy of public officials and lead to public questions about the discretionary decision-making of criminal justice actors as well as the disproportionate consequences in the criminal justice system for poor and minority communities.

Details

Corruption, Accountability and Discretion
Type: Book
ISBN: 978-1-78743-556-8

Keywords

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