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Book part
Publication date: 22 August 2023

Jacob George Panickasseril

In the last 10 years, India has amended its laws dealing with sexual offences against women with the changes ranging from increasing terms of imprisonment for the offence of rape…

Abstract

In the last 10 years, India has amended its laws dealing with sexual offences against women with the changes ranging from increasing terms of imprisonment for the offence of rape to state-funded compensation schemes for women and child victims. In this regard, challenges persist for the agencies of the criminal justice system in India especially the courts to realise the vision of restorative justice as these forums have to navigate the relevant statutory provisions and binding precedents. This chapter seeks to analyse the challenges faced by courts in proper reintegration of victims and offenders of sexual offences, the institutional responses of the courts and suggests reforms to the criminal justice system in India in consonance with the principles of restorative justice acknowledged in the restorative justice movement in the international discourse.

Details

Gendered Perspectives of Restorative Justice, Violence and Resilience: An International Framework
Type: Book
ISBN: 978-1-80382-383-6

Keywords

Book part
Publication date: 27 November 2023

Nicole C. Jones Young and Kemi S. Anazodo

Criminal history has been conceptualised as a socially stigmatised identity. From this perspective, we can understand criminal history as invisible, concealable and ‘not readily…

Abstract

Criminal history has been conceptualised as a socially stigmatised identity. From this perspective, we can understand criminal history as invisible, concealable and ‘not readily apparent to others’ (Chaudoir & Fisher, 2010, p. 236). Although previous periods of incarceration cannot be detected per se, during this chapter, we present several elements, such as embodiment, appearance-based inferences (i.e. assumptions of what a criminal history looks like), and information as proxy (e.g. résumé gaps, credit history), which may contribute to individual assessments and interpretations of the appearance of a criminal history. Once perceived, these elements may contribute an array of unique career experiences as individuals with a criminal history seek to navigate their employment experience. Therefore, this chapter offers insight into how the appearance of criminal history information, particularly when presented without a thorough explanation, may be left to interpretation and bias throughout the employment experience.

Details

The Emerald Handbook of Appearance in the Workplace
Type: Book
ISBN: 978-1-80071-174-7

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. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2009-3829

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. ahead-of-print no. ahead-of-print
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: 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. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 15 June 2023

Olha Bondarenko, Maryna Utkina, Oleg Reznik and Mykhailo Dumchikov

The purpose of this paper is to develop a new methodology for the interaction of law enforcement agencies with each other, financial institutions and other legal entities in the…

Abstract

Purpose

The purpose of this paper is to develop a new methodology for the interaction of law enforcement agencies with each other, financial institutions and other legal entities in the field of counteracting and combating the legalization of criminal income as a prerequisite for increasing the effectiveness of their activity in the area of countering and combating money laundering, which will improve the conditions for the development of the financial system and increase the level of living of the population of Ukraine.

Design/methodology/approach

An interdisciplinary approach was used during the writing of the paper. In particular, legal techniques, analysis and generalization, sociological research, questionnaires, etc., were used.

Findings

This paper demonstrates the need for a comprehensive approach to effectively building cooperation between law enforcement agencies in another money laundering. A proposal is made to improve the interaction between law enforcement agencies, financial institutions and other legal entities by creating a single database of information on money laundering and suspicious transactions and involving financial intelligence units in the process of investigating cases of money laundering.

Practical implications

Law enforcement agencies can use the proposed approach to ensure the effectiveness of their activities in counteracting and combating money laundering.

Originality/value

The authors have developed a new approach to improving the interaction of law enforcement agencies in the field of counteracting and combating money laundering, which involves the creation of a single database of information on money laundering and suspicious transactions, as well as the involvement of financial intelligence units in the process of detecting and investigating cases of money laundering.

Details

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

Keywords

Article
Publication date: 12 July 2023

Maryam Kamaei, Salameh Abolhasani and Naghmeh Farhood

The purpose of this research is to analyze the role of gender in the commission of white collar crimes and investigate it in five countries: Norway, Portugal, America, India and…

Abstract

Purpose

The purpose of this research is to analyze the role of gender in the commission of white collar crimes and investigate it in five countries: Norway, Portugal, America, India and Iran.

Design/methodology/approach

Descriptive analytical method is used in this article.

Findings

A total of five observations were examined about the rank and percentage of women's participation in white-collar crimes, namely, from Norway (rank 3, 7%), USA (rank 26, 5%), Portugal (29th rank, 13%), India (rank 135, 11%) and Iran (rank 143, 5%). As is visually obvious, there seems to be no relationship between the level of gender equality and the percentage of women involved in white-collar crimes. However, according to Hobbs, in most research, the issue of gender and its effect on the occurrence of white-collar crimes have not been addressed, but by using the limited statistics and limited information available, it can be concluded that a small number of women have committed this crime. According to global crime reports, only 15 out of 200 prosecutions for white-collar crimes involve women.

Originality/value

To the best of the authors’ knowledge, this article is original and has been submitted only to this journal and has not been submitted to another journal at the same time.

Details

Journal of Financial Crime, vol. 31 no. 2
Type: Research Article
ISSN: 1359-0790

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 2000