Crime Law and Social Change最新文献

Criminological and sociological discourse recognizes the impact of structure on crime, but generally eschews the consideration of structural damage and human suffering emanating from malevolent social movements (e.g., the Holocaust). Legal formalism presents conceptual challenges that has hindered analysis of harmful macroscopic phenomena, as it created jurisprudential impediments to be surmounted by the architects of the Nuremberg Tribunals. In considering these issues, a new 'dark figure' is identified that is compatible with phenomena examined from the social harm perspective, and to remediate disciplinary myopia, a specification of Edwin Sutherland's (1945) concept of social injury is suggested and contrasted with Galtung's (1969) construct of structural violence. Social injury refers to the recursive damage to social structure and human potential through the functional impairment of social institutions.

Community-level vulnerability to pyramid scheme fraud may be affected by place-based sources of strain and opportunity. Using national victim data from a pyramid scheme fraud case from 2000-2013, this research explores pyramid scheme adoption with group-based trajectory modeling (GBTM). GBTM is used to look for distinct trajectories of pyramid scheme join rates and to explore the effect of strain, as measured by a county's Social Vulnerability Index and unemployment rate, and opportunity or protection, as measured by a series of social capital variables, on the group trajectories. Findings suggest that county-level strain, including the county's Social Vulnerability Index and unemployment rate are related to pyramid scheme victimization, especially early adoption. We also find that social capital variables - which can, in theory, reduce strain or increase opportunity - have a nuanced relationship with fraud victimization. While our findings are drawn from a single pyramid scheme, they point to the potential to analyze case data to inform preventative and monitoring strategies appropriate to local-level characteristics.

Scholars of penal change have established a rich theoretical understanding of the macro- and meso- level processes that explain the emergence, diffusion, and success of penal developments. Similarly enthusiastic examinations of the agentic aspects of professional commitment to criminal justice institutions are necessary to better understand the relationship between micro-level individual processes and the endurance and success of penal projects. The present study builds on existing analyses of cause lawyering and indigent criminal defense to examine the personal narratives of penitentiary defenders, lawyers working for the Unit of Penitentiary Defense, a novel Chilean public agency that offers legal assistance and enables convicted prisoners to file grievances and report rights violations before criminal courts. By drawing on 45 in-depth semi-structured interviews, I analyze the ways in which these attorneys incorporate biographical experiences and life events into coherent stories that both support and construct their professional identity as legal aid lawyers despite adverse working conditions. Four narratives are prevalent in their accounts: identification, privilege, calling, and admiration. These narratives demonstrate that criminal justice professionals engage in meaning-making processes through the creation of biographical accounts that tie personal and professional self-understandings together. The contribution of the article is thus twofold: it situates the role of individual agency in the development of penal projects and provides a novel explanation as to how legal aid lawyers become personally and professionally invested in indigent defense.

This article evaluates the factors impacting support for tough on crime policies in El Salvador. Examining theoretical and empirical scholarly work, we look at how fear, together with social and political contexts drive public appetite for punitive policies towards criminals. We show that President Nayib Bukele is responding to public opinion and has implemented tough on crime policies at the expense of human rights violations and democratic institutions. Society favors candidates who are the "toughest" against criminal actors. Political candidates from all sides of the ideological spectrum tap into the fear of the populace to win votes, leading to punitive Darwinism. We provide an empirical assessment of which theoretically relevant factors are statistically associated with punitivism in the Salvadoran context, using multiple regression analysis of high-quality public opinion survey data from LAPOP.

As the awareness and extent of white-collar crime increases, the number of prison inmates from the middle and upper classes can be expected to grow. However, existing scholarship on the imprisoned white-collar offenders has geographical and methodological limits, is of a predominantly explorative nature and often employs definitions focused on the offence rather than the perpetrator. This study attempts to advance the current state of research by utilising Bourdieu's capital theory in the description and explanation of the prison experience of a sample of 13 politicians, businesspersons, and lawyers serving prison terms for corruption and embezzlement in Poland. Deductive analysis of semi-structured interviews reveals how participants used social, cultural, and symbolic capital to secure an advantageous position whilst in prison. Due to varied assets such as their non-criminal identity, interpersonal skills and legal knowledge, the incarcerated elites studied were able to curry favour with guards, win recognition from fellow inmates and, unlike most prisoners, maintain supportive connections with the outside world. When considered within Bourdieu's framework, these results provide an insight into the workings of capital in carceral settings, support the special resiliency hypothesis and explain it through differences in the social situation of inmates.