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Πέμπτη 19 Σεπτεμβρίου 2019

The Back-Door Governance of Crime: Confiscating Criminal Assets in the UK

Abstract

The policy and practice of confiscating criminal assets to control crime and recover illicit wealth has come to occupy a central position in national and international policing and security agendas. However, this practice has raised many questions about agencies’ abilities to measure success and also the social impacts of asset confiscation. This article contributes to the crime control debates by exploring contemporary literature and drawing upon a subset of data from the Joint Asset Recovery Database (JARD). The first part of the article briefly outlines the key legislative provisions of asset recovery in the UK. The second part explores what the JARD data tells us about the performance of the confiscation of proceeds of crime approach and it will argue that seizing illicit wealth has not been the main priority for government. It will argue instead that the proceeds of crime approach, originally designed to target the most serious and organised crime, has effectively become a disciplining and symbolic tool against relatively lower level acquisitive crimes. It concludes that while technical measures of impact remain inconclusive, it is more important to subject the ideological underpinnings of the proceeds of crime law to critical scrutiny.

What May Be Learned about Crime in Europe (and Beyond) from International Surveys of Youth: Results from the International Self-Report Delinquency Study (ISRD3)

Over- and underreporting of drug use: a cross-national inquiry of social desirability through the lens of situational action theory

Intention to shoplift: on the importance of dimensions of propensity in an integrated informal control/lifestyle model

Neighborhood Social Capital, Juvenile Delinquency, and Victimization: Results from the International Self-Report Delinquency Study - 3 in 23 Countries

Abstract

Since the beginning of the twentieth century, criminology has attempted to identify ecological factors affecting the rise or the decrease in crime rates. In this framework, concepts of “social disorganization”, “collective efficacy”, and “social capital” have been coined. Particularly in recent years, the perspective of “social capital” has attracted the interest of criminologists, but, despite the numerous studies conducted in this field, some issues remain open. Firstly, studies conducted outside the US context are few. Secondly, even in North American studies, there is a disagreement over the impact of social capital on crime, in particular on violent crimes. The results of this study, conducted on data obtained by the ISRD3 survey in 23 countries around the world, and addressed to 7th, 8th, and 9th grade students (N = 55,201), try to address such issue: they show a negative correlation between social capital and self-reported crime also outside North America, both for violent crimes and general delinquency. The preventive role played by social capital on crime is also confirmed considering the self-reported data on victimization.

Juvenile Victimization in Portugal through the Lens of ISRD-3: Lifetime Prevalence, Predictors, and Implications

Impact of Alcohol and Cannabis Use on Juvenile Delinquency: Results from an International Multi-City Study (ISRD3)

The Influence of Earlier Parental Violence on Juvenile Delinquency: The Role of Social Bonds, Self-Control, Delinquent Peer Association and Moral Values as Mediators

Abstract

Previous research demonstrated that children who had been exposed to physical maltreatment by parents are at higher risk of using violence as adolescents. It is assumed that parental violence unfolds negative influences on later delinquency directly and indirectly, that is, mediated through other crime predictors. This contribution presents an empirical test of theoretical propositions explaining this cycle of violence derived from three major theories, namely social learning, self-control and social control/bonding theory. Using data from 26 countries of the ISRD3 study, the mediating roles of delinquent peer association, crime-related moral values, self-control as well as family and school bonds among juveniles of grades 7 to 9 are assessed. Moreover, with exploratory intent, it is tested if the same mediating effects apply to each country. Overall the results showed both a significant direct effect of maltreatment on the use of violence and indirect (mediating) effects via each of the considered mediators. Delinquent peer association, self-control and family bonds had higher mediational strength than moral values and school bonds. This is in support of the theoretical assumptions of all three theories. Further, great variability of direct, indirect and total effects of maltreatment on violence across countries and within each mediator were observed. There is tentative evidence that the prevalence rates of maltreatment are negatively associated with the impact of maltreatment on later violence in the considered countries.

Reducing Discretion in the Administration of Prison Leave: In Search of Legitimacy

Abstract

This paper explains the institution of prison leave in Spain. Firstly, I will briefly describe the regulations governing prison leave and provide data on its use in Spain. I will point out that although half the prison population benefits from a prison leave, a main problem is that it is granted at a very late stage of the sentence, and that immigrants have a very low probability of obtaing it. Secondly, I will explain the criteria used in order to determine if a leave is granted, the wide discretion that psychologists in particular enjoy, and why this procedure might be experienced by the prisoner as unfair. Thirdly, I will describe the mixed system that allows both Prison Boards and Judges to make decisions about leave and how this often produces confusing results for prisoners. For instance, a positive prison report being followed by a negative judicial response due to the wide discretion that judicial authorities also enjoy. Finally, I draw some tentative conclusions about how a lack of clear criteria and procedure in relation to prison leave might also affect legitimacy in prison.

Exploring the ‘Shadows’ in the Implementation Processes for National Anti-fraud Strategies at the Local Level: Aims, Ownership, and Impact

Abstract

This article studies the development and implementation of a nationally drafted strategy for fraud in local government in England. The purpose, relevant to other countries which also face (or evade) problems of policy outreach, is to consider what is required to achieve effective implementation through three broad aspects: aims, ownership, and impact. There is a particular focus on the assessment of the strategy implementation process and what mechanisms translate strategies into effective delivery or what other factors may subvert that delivery. The empirical research draws on the UK government’s 2006 policy review on fraud and the consequential changes between then and 2019, including a number of fraud strategies initiated by the United Kingdom central government. To review implementation in practice, it focuses on the 2011 local government strategy and uses a local-level case study to assess issues concerning aims, ownership, and impact, as well as the effect of other nationally determined policies and agendas. It concludes that without an ‘owned’ strategy implementation process as a whole, national strategies concerning the prevention and policing of fraud in England in the twenty-first century have had—and continue to have—modest impact on practice on the ground at the local level. We find it plausible that this is true elsewhere in the world, not only for crime control but also for other ‘change’ strategies in the public sector. However, testing that proposition is for researchers in other countries. Our aim here is to use this superficially parochial study to raise more universal questions about how policy designers (and academic researchers) need to take better account of circumstances on the ground, the management of strategy implementation and legitimacy, if their strategies are to be more than merely symbolic rhetoric.

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