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Criminology and penology |
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Political corruption |
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Concepts |
Corruption by country |
State-corporate crime is a concept in criminology for crimes that result from the relationship between the policies of the state and the policies and practices of commercial corporations. The term was coined by Kramer and Michalowski (1990), and redefined by Aulette and Michalowski (1993). These definitions were intended to include all "socially injurious acts" and not merely those that are defined by the local criminal jurisdiction as crime. This is not universally accepted as a valid definition so a less contentious version has been adopted here. As an academic classification, it is distinguished from:
One of the assertions made by those involved in this work is that a focus on the actual relationship between the state and corporations dependent on the state for their profitability can expose a more complete range of criminal activity than might be provided by independent analyses of solely corporate or state-organised crimes.
To be able to operate as a commercial business entity, the modern corporation requires a legal framework of regulation and oversight within which to exploit the relevant markets profitably. The infrastructure of law and commerce are provided by the government of each state in which the corporation desires to trade, and there is an inevitable linkage between the political and commercial interests. All states rely on businesses to provide an economic base consistent with each government's political policies. Without policies that are supportive of economic activity, businesses will not be profitable and so will not be able to provide the economic support that the state desires. In some cases, this symbiosis may lead to the commission of crimes. The research studies situations where, for various reasons, the oversight of corporate and/or state organisations by independent bodies has been manipulated or excluded, and either existing criminal activity is redefined as lawful, or criminal activity results but is not prosecuted.
Harper and Israel (1999) comment:
i.e. the way in which crime is defined is dynamic and reflects each society's immediate needs and changing attitudes towards the local varieties of conduct. The process depends on the values underpinning the society, the mechanisms for resolving political conflict, the control over the discourse, and the exercise of power. Snider (1999) notes that capitalist states are often reluctant to pass laws to regulate large corporations, because this might threaten profitability, and that these states often use considerable sums to attract regional or national inward investment from large corporations. They offer new investors:
Once the state is committed to this offer, it can be difficult to enforce local laws against pollution, health and safety or monopolies. Green and Ward (2004) examine how the debt repayment schemes in developing countries place such a financial burden on states that they often collude with corporations offering prospects of capital growth. Such collusion frequently entails the softening of environmental and other regulations. The debt service obligation can also exacerbate political instability in countries where the legitimacy of state power is questioned. Such political volatility leads states to adopt clientelistic or patrimonialist patterns of governance, fostering organized crime, corruption, and authoritarianism. In some third world countries, this political atmosphere has encouraged repression and the use of torture. Exceptionally, genocide has occurred. But Sharkansky (1995) is careful to maintain a strict definition of "crime" for these purposes. Many individuals and organisations may disapprove of what governments do or fail to do, but such acts and omissions are not necessarily criminal.
Following the Challenger space shuttle explosion, Kramer (1992) noted that NASA, the United States Federal government body with responsibility for the project, had only been subject to self-regulation of an entirely inadequate nature. Kauzlarich and Kramer (1993) examined a nuclear weapons production complex in the United States and found that the Department of Energy and the private corporations that contracted with the Department had been allowed to work in extreme secrecy, unfettered by the regulations that had governed the civilian nuclear industry. While Aulette and Michalowski (1993) examined a fire in the Imperial Food Products chicken processing plant in Hamlet, North Carolina where twenty-five workers died, and uncovered "an interwoven pattern of regulatory failure on the part of several state and federal agencies" that had allowed the company's management to continue violating basic safety regulations in search of corporate profit. Finally, Harper and Israel (1999) concluded that the economic need for inward investment forced the Papua New Guinea government to match the lax regulatory regimes offered in other developing countries. While governments and individual public servants claimed to maintain a commitment to environmental conservation, they were prepared to sacrifice the environment for economic development.
Organized crime or organised crime is a category of transnational, national, or local groupings of centralized enterprises run to engage in illegal activity, most commonly for profit. While organized crime is generally thought of as a form of illegal business, some criminal organizations, such as terrorist groups, rebel forces, and separatists, are politically motivated. Many criminal organizations rely on fear or terror to achieve their goals or aims as well as to maintain control within the organization and may adopt tactics commonly used by authoritarian regimes to maintain power. Some forms of organized crime simply exist to cater towards demand of illegal goods in a state or to facilitate trade of goods and services that may have been banned by a state. Sometimes, criminal organizations force people to do business with them, such as when a gang extorts protection money from shopkeepers. Street gangs may often be deemed organized crime groups or, under stricter definitions of organized crime, may become disciplined enough to be considered organized. A criminal organization can also be referred to as an outfit, a gang, crime family, mafia, mob, (crime) ring, or syndicate; the network, subculture, and community of criminals involved in organized crime may be referred to as the underworld or gangland. Sociologists sometimes specifically distinguish a "mafia" as a type of organized crime group that specializes in the supply of extra-legal protection and quasi-law enforcement. Academic studies of the original "Mafia", the Italian Mafia, which predates the other groups, generated an economic study of organized crime groups and exerted great influence on studies of the Russian mafia, the Chinese triads, the Hong Kong triads, and the Japanese yakuza.
In criminology, corporate crime refers to crimes committed either by a corporation, or by individuals acting on behalf of a corporation or other business entity. For the worst corporate crimes, corporations may face judicial dissolution, sometimes called the "corporate death penalty", which is a legal procedure in which a corporation is forced to dissolve or cease to exist.
The term "white-collar crime" refers to financially motivated, nonviolent or non-directly violent crime committed by individuals, businesses and government professionals. It was first defined by the sociologist Edwin Sutherland in 1939 as "a crime committed by a person of respectability and high social status in the course of their occupation". Typical white-collar crimes could include wage theft, fraud, bribery, Ponzi schemes, insider trading, labor racketeering, embezzlement, cybercrime, copyright infringement, money laundering, identity theft, and forgery. White-collar crime overlaps with corporate crime.
In criminology, a political crime or political offence is an offence that prejudices the interests of the state or its government. States may criminalise any behaviour perceived as a threat, real or imagined, to the state's survival, including both violent and non-violent opposition. A consequence of such criminalisation may be that a range of human rights, civil rights, and freedoms are curtailed, and conduct which would not normally be considered criminal per se is criminalised at the convenience of the group holding power.
Criminalization or criminalisation, in criminology, is "the process by which behaviors and individuals are transformed into crime and criminals". Previously legal acts may be transformed into crimes by legislation or judicial decision. However, there is usually a formal presumption in the rules of statutory interpretation against the retrospective application of laws, and only the use of express words by the legislature may rebut this presumption. The power of judges to make new law and retrospectively criminalise behaviour is also discouraged. In a less overt way, where laws have not been strictly enforced, the acts prohibited by those laws may also undergo de facto criminalization through more effective or committed legal enforcement. The process of criminalization takes place through societal institutions including schools, the family, and the criminal justice system.
Critical criminology is a perspective in criminology that challenges traditional beliefs about crime and criminal justice, often by taking a conflict perspective such as Marxism, feminism, or critical theory. Critical criminology examines the genesis of crime and the nature of justice in relation to factors such as class and status, Law and the penal system are viewed as founded on social inequality and meant to perpetuate such inequality. Critical criminology also looks for possible biases in criminological research.
Largely based on the writings of Karl Marx, conflict criminology holds that crime in capitalist societies cannot be adequately understood without a recognition that such societies are dominated by a wealthy elite whose continuing dominance requires the economic exploitation of others, and that the ideas, institutions and practices of such societies are designed and managed in order to ensure that such groups remain marginalised, oppressed and vulnerable. Members of marginalised and oppressed groups may sometimes turn to crime in order to gain the material wealth that apparently brings equality in capitalist societies, or simply in order to survive. Conflict criminology derives its name from the fact that theorists within the area believe that there is no consensual social contract between state and citizen.
State crimes are crimes committed on behalf of or with the connivance of governments. The investigation and prosecution of such crimes is made more difficult by a number of circumstances.
Marxist criminology is one of the schools of criminology. It parallels the work of the structural functionalism school which focuses on what produces stability and continuity in society but, unlike the functionalists, it adopts a predefined political philosophy. As in conflict criminology, it focuses on why things change, identifying the disruptive forces in industrialized societies, and describing how society is divided by power, wealth, prestige, and the perceptions of the world. "The shape and character of the legal system in complex societies can be understood as deriving from the conflicts inherent in the structure of these societies which are stratified economically and politically". It is concerned with the causal relationships between society and crime, i.e. to establish a critical understanding of how the immediate and structural social environment gives rise to crime and criminogenic conditions.
Right realism, in criminology, also known as New Right Realism, Neo-Classicism, Neo-Positivism, or Neo-Conservatism, is the ideological polar opposite of left realism. It considers the phenomenon of crime from the perspective of political conservatism and asserts that it takes a more realistic view of the causes of crime and deviance, and identifies the best mechanisms for its control. Unlike the other schools of criminology, there is less emphasis on developing theories of causality in relation to crime and deviance. The school employs a rationalist, direct and scientific approach to policy-making for the prevention and control of crime. Some politicians who ascribe to the perspective may address aspects of crime policy in ideological terms by referring to freedom, justice, and responsibility. For example, they may be asserting that individual freedom should only be limited by a duty not to use force against others. This, however, does not reflect the genuine quality in the theoretical and academic work and the real contribution made to the nature of criminal behaviour by criminologists of the school.
Left realism emerged in criminology from critical criminology as a reaction against what was perceived to be the left's failure to take a practical interest in everyday crime, allowing right realism to monopolize the political agenda on law and order. Left realism argues that crime disproportionately affects working-class people, but that solutions that only increase repression serve to make the crime problem worse. Instead they argue that the root causes of crime lie in relative deprivation, although preventive measures and policing are necessary, but these should be democratically controlled.
Environmental crime is an illegal act which directly harms the environment. These illegal activities involve the environment, wildlife, biodiversity and natural resources. International bodies such as, G7, Interpol, European Union, United Nations Environment Programme, United Nations Interregional Crime and Justice Research Institute, have recognised the following environmental crimes:
John Braithwaite is a Distinguished Professor at the Australian National University (ANU). Braithwaite is the recipient of a number of international awards and prizes for his work, including an honorary doctorate at KU Leuven (2008), the University of Louisville Grawemeyer Award with Peter Drahos for Ideas Improving World Order (2004), and the Prix Emile Durkheim, International Society of Criminology, for lifetime contributions to criminology (2005).
Vincenzo Ruggiero is Professor of Sociology at Middlesex University, London. He is also director of the Centre for Social and Criminological Research at Middlesex University.
Criminology is the interdisciplinary study of crime and deviant behaviour. Criminology is a multidisciplinary field in both the behavioural and social sciences, which draws primarily upon the research of sociologists, political scientists, economists, legal sociologists, psychologists, philosophers, psychiatrists, social workers, biologists, social anthropologists, scholars of law and jurisprudence, as well as the processes that define administration of justice and the criminal justice system.
The International State Crime Initiative (ISCI) is a community of scholars working to expose, document, explain, and resist state crime. As an interdisciplinary forum for research, reportage and debate, ISCI aims to combine rigorous academic research with emancipatory activism.
Green criminology is a branch of criminology that involves the study of harms and crimes against the environment broadly conceived, including the study of environmental law and policy, the study of corporate crimes against the environment, and environmental justice from a criminological perspective.
Penny Green is an Australian criminologist. She has been a Professor of Law and Globalisation and Head of the Department of Law at Queen Mary University of London since September 2014.
Public criminology is an approach to criminology that disseminates criminological research beyond academia to broader audiences, such as criminal justice practitioners and the general public. Public criminology is closely tied with “public sociology”, and draws on a long line of intellectuals engaging in public interventions related to crime and justice. Some forms of public criminology are conducted through methods such as classroom education, academic conferences, public lectures, “news-making criminology”, government hearings, newspapers, radio and television broadcasting and press releases. Advocates of public criminology argue that the energies of criminologists should be directed towards "conducting and disseminating research on crime, law, and deviance in dialogue with affected communities." Public criminologists focus on reshaping the image of the criminal and work with communities to find answers to pressing questions. Proponents of public criminology see it as potentially narrowing "the yawning gap between public perceptions and the best available scientific evidence on issues of public concern", a problem they see as especially pertinent to matters of crime and punishment.
Gregg Barak is an American criminologist, academic, and author. He is an emeritus professor of criminology and criminal justice at Eastern Michigan University, a former visiting distinguished professor in the College of Justice & Safety at Eastern Kentucky University, and a 2017 Fulbright Scholar in residence at the School of Law, Pontificia Universidade Catholica, Porto Alegre, Brazil. He is most known for his research in the fields of criminology and criminal justice.