Pub Date : 2023-08-13DOI: 10.1177/13624806231184172
Ebony Reid, J. Ilan
This article presents ethnographic and media analysis that explores how Islam has come to shape conceptions of the material, sacred, crime and redemption in contemporary English street culture. Islam’s clear dichotomy between the mundane ‘Dunya’ and sacred ‘Deen’ shape how socio-economically marginalised, ethnic minority men make sense of the world around them. Stark inequalities have tainted the material world for the UK’s most disadvantaged, prompting them to seek redemption entirely outside it – in the world of the sacred where they can experience warmth. In analysing their experiences we highlight how paths to desistance have arguably been overlooked where analyses of Islam in street culture have focused on questions of radicalisation.
{"title":"Deen and Dunya: Islam, street spirituality, crime and redemption in English road culture","authors":"Ebony Reid, J. Ilan","doi":"10.1177/13624806231184172","DOIUrl":"https://doi.org/10.1177/13624806231184172","url":null,"abstract":"This article presents ethnographic and media analysis that explores how Islam has come to shape conceptions of the material, sacred, crime and redemption in contemporary English street culture. Islam’s clear dichotomy between the mundane ‘Dunya’ and sacred ‘Deen’ shape how socio-economically marginalised, ethnic minority men make sense of the world around them. Stark inequalities have tainted the material world for the UK’s most disadvantaged, prompting them to seek redemption entirely outside it – in the world of the sacred where they can experience warmth. In analysing their experiences we highlight how paths to desistance have arguably been overlooked where analyses of Islam in street culture have focused on questions of radicalisation.","PeriodicalId":47813,"journal":{"name":"Theoretical Criminology","volume":" ","pages":""},"PeriodicalIF":2.2,"publicationDate":"2023-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45859159","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-01DOI: 10.1177/13624806231189266
Enshen Li
In authoritarian regimes, risk tends to be politically positioned to reflect the ruling party's interests, needs and priorities. In this article, I focus on the People's Republic of China (China) as a case study to isolate the issue of risk, and more specifically, analyse why risk is framed as a political tenet, what becomes the evidence of such risk, and how it relates to the country's legal approach to maintaining political stability in the Xi Jinping era. This article critically scrutinizes the latest political dynamics and police practices to argue that China has formulated an extra-judicial penal jurisprudence through what I call ‘forward-leaning’ policing (前倾式警务) against those who are perceived to present a threat of political harm. By using data on 2226 cyber-dissident cases during 2014–2021, my analysis points to this ‘warrior style’ policing being an intensified application of coercive police actions, which is heavily weighted towards incarceration as the main approach to addressing political dissent, especially through administrative detention. In doing so, the judicial process that traditionally determines conviction and sentencing is either circumvented or reduced to symbolic significance.
{"title":"Risk, political security and extra-judicial penality under Xi","authors":"Enshen Li","doi":"10.1177/13624806231189266","DOIUrl":"https://doi.org/10.1177/13624806231189266","url":null,"abstract":"In authoritarian regimes, risk tends to be politically positioned to reflect the ruling party's interests, needs and priorities. In this article, I focus on the People's Republic of China (China) as a case study to isolate the issue of risk, and more specifically, analyse why risk is framed as a political tenet, what becomes the evidence of such risk, and how it relates to the country's legal approach to maintaining political stability in the Xi Jinping era. This article critically scrutinizes the latest political dynamics and police practices to argue that China has formulated an extra-judicial penal jurisprudence through what I call ‘forward-leaning’ policing (前倾式警务) against those who are perceived to present a threat of political harm. By using data on 2226 cyber-dissident cases during 2014–2021, my analysis points to this ‘warrior style’ policing being an intensified application of coercive police actions, which is heavily weighted towards incarceration as the main approach to addressing political dissent, especially through administrative detention. In doing so, the judicial process that traditionally determines conviction and sentencing is either circumvented or reduced to symbolic significance.","PeriodicalId":47813,"journal":{"name":"Theoretical Criminology","volume":"27 1","pages":"638 - 659"},"PeriodicalIF":2.2,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47549720","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-20DOI: 10.1177/13624806231184827
L. Skinns, Andrew Wooff, Lindsey Rice
In this article, we examine detainee experiences of dignity in police detention through the lens of materiality. To do this, we draw on sociological and anthropological literature on the ‘material turn’ and its application to criminal justice settings, and a mixed-methods study of police custody in England and Wales. First, we conceptualise different dimensions of materiality in police custody. Second, we show how some forms of materiality, in conjunction with staff–detainee relationships, shape detainee dignity rooted in equal worth, privacy and autonomy. Third, we examine how the intertwining of the social and material in police custody opens up new possibilities for theorising police work. The materiality of police work is active, not just symbolic. Alongside social relations, it shapes citizen experiences of the police, including of ‘hard’ and ‘soft’ forms of policing, and by implication, pain and injustice. Materiality therefore provides a further way of theorising the production of social order inside and outside police detention.
{"title":"‘Come on mate, let's make you a cup of tea’: Theorising materiality and its impacts on detainee dignity inside police detention","authors":"L. Skinns, Andrew Wooff, Lindsey Rice","doi":"10.1177/13624806231184827","DOIUrl":"https://doi.org/10.1177/13624806231184827","url":null,"abstract":"In this article, we examine detainee experiences of dignity in police detention through the lens of materiality. To do this, we draw on sociological and anthropological literature on the ‘material turn’ and its application to criminal justice settings, and a mixed-methods study of police custody in England and Wales. First, we conceptualise different dimensions of materiality in police custody. Second, we show how some forms of materiality, in conjunction with staff–detainee relationships, shape detainee dignity rooted in equal worth, privacy and autonomy. Third, we examine how the intertwining of the social and material in police custody opens up new possibilities for theorising police work. The materiality of police work is active, not just symbolic. Alongside social relations, it shapes citizen experiences of the police, including of ‘hard’ and ‘soft’ forms of policing, and by implication, pain and injustice. Materiality therefore provides a further way of theorising the production of social order inside and outside police detention.","PeriodicalId":47813,"journal":{"name":"Theoretical Criminology","volume":" ","pages":""},"PeriodicalIF":2.2,"publicationDate":"2023-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48587903","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-18DOI: 10.1177/13624806231187376
R. Dudai
There is a growing position among human rights advocates, academics and UN officials, predicting “the death of the death penalty”, and forecasting that it will completely disappear soon. This article questions and problematizes this prediction, exploring the assumptions, premises and gaps that underpin the optimistic outlook. Based on analysis of abolitionist discourse, three fallacies are identified and analyzed: a progressive fallacy, assuming the death penalty is a barbaric anachronism in the “civilized” modern world and displaying a teleological belief in its demise; a classificatory fallacy, entailing defining-down the prevalence of the death penalty through the category of “de-facto abolition”; and a functional fallacy, assuming that repudiating the death penalty as a crime-fighting tool will cause its demise, overlooking its transformation into an institution serving political-symbolic functions. In concluding, I suggest viewing the global death penalty as bifurcated: dying as an ordinary law-enforcement tool, but relatively healthy as an extraordinary political symbol.
{"title":"Dead or alive? Reassessing the health of the death penalty and the prospects of global abolition","authors":"R. Dudai","doi":"10.1177/13624806231187376","DOIUrl":"https://doi.org/10.1177/13624806231187376","url":null,"abstract":"There is a growing position among human rights advocates, academics and UN officials, predicting “the death of the death penalty”, and forecasting that it will completely disappear soon. This article questions and problematizes this prediction, exploring the assumptions, premises and gaps that underpin the optimistic outlook. Based on analysis of abolitionist discourse, three fallacies are identified and analyzed: a progressive fallacy, assuming the death penalty is a barbaric anachronism in the “civilized” modern world and displaying a teleological belief in its demise; a classificatory fallacy, entailing defining-down the prevalence of the death penalty through the category of “de-facto abolition”; and a functional fallacy, assuming that repudiating the death penalty as a crime-fighting tool will cause its demise, overlooking its transformation into an institution serving political-symbolic functions. In concluding, I suggest viewing the global death penalty as bifurcated: dying as an ordinary law-enforcement tool, but relatively healthy as an extraordinary political symbol.","PeriodicalId":47813,"journal":{"name":"Theoretical Criminology","volume":" ","pages":""},"PeriodicalIF":2.2,"publicationDate":"2023-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42339674","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-12DOI: 10.1177/13624806231184825
J. Wilkinson, J. Fleming
This article draws on Incident Reporting System data from the National Offender Management Service over a ten-year period (2004–2014) and limited, small-scale interviews with four custodial managers. Pat Carlen's work (2008) on imaginary penalities provides the theoretical framework for an assessment of the reporting, recording and initial response to sexual assaults in prisons in England and Wales. The article argues that the recording of sexual assaults became part of a response to new management systems that emphasised compliance, process and audit rather than realising safety in custody. Although the data shows substantial levels of initial activity among staff it is, in essence, practice without prospect. The article suggests that outcomes generally for sexual assaults in prisons in England and Wales are uncertain. Incident reporting has become a bureaucratic process ‘or paper shadow’, which Goffman described as showing ‘what has been done by whom, what is to be done, and who last had responsibility for it’ (Goffman 1961: 73).
{"title":"Practice without prospect: The imaginary response to the recording and investigations of sexual assault in prison","authors":"J. Wilkinson, J. Fleming","doi":"10.1177/13624806231184825","DOIUrl":"https://doi.org/10.1177/13624806231184825","url":null,"abstract":"This article draws on Incident Reporting System data from the National Offender Management Service over a ten-year period (2004–2014) and limited, small-scale interviews with four custodial managers. Pat Carlen's work (2008) on imaginary penalities provides the theoretical framework for an assessment of the reporting, recording and initial response to sexual assaults in prisons in England and Wales. The article argues that the recording of sexual assaults became part of a response to new management systems that emphasised compliance, process and audit rather than realising safety in custody. Although the data shows substantial levels of initial activity among staff it is, in essence, practice without prospect. The article suggests that outcomes generally for sexual assaults in prisons in England and Wales are uncertain. Incident reporting has become a bureaucratic process ‘or paper shadow’, which Goffman described as showing ‘what has been done by whom, what is to be done, and who last had responsibility for it’ (Goffman 1961: 73).","PeriodicalId":47813,"journal":{"name":"Theoretical Criminology","volume":" ","pages":""},"PeriodicalIF":2.2,"publicationDate":"2023-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47047360","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-10DOI: 10.1177/13624806231186393
H. Marshall
This article advances a theory of the ‘relative’ nature of victim status, demonstrating that whether an individual is identified as a victim is, in part, conditional on their relationships with others. Using the example of victim identification in cases of child criminal exploitation, this article demonstrates that youth justice practitioners’ perceptions of young people's peer relationships and their relationships with their families had a significant impact on whether young people were identified as victims of child criminal exploitation. To explain this dynamic, this article then further explores the conceptual nature of victim status, focusing on its transient and finite qualities. In doing so, this article begins to address the relational gap in the study of processes of victim identification.
{"title":"Victim as a relative status","authors":"H. Marshall","doi":"10.1177/13624806231186393","DOIUrl":"https://doi.org/10.1177/13624806231186393","url":null,"abstract":"This article advances a theory of the ‘relative’ nature of victim status, demonstrating that whether an individual is identified as a victim is, in part, conditional on their relationships with others. Using the example of victim identification in cases of child criminal exploitation, this article demonstrates that youth justice practitioners’ perceptions of young people's peer relationships and their relationships with their families had a significant impact on whether young people were identified as victims of child criminal exploitation. To explain this dynamic, this article then further explores the conceptual nature of victim status, focusing on its transient and finite qualities. In doing so, this article begins to address the relational gap in the study of processes of victim identification.","PeriodicalId":47813,"journal":{"name":"Theoretical Criminology","volume":" ","pages":""},"PeriodicalIF":2.2,"publicationDate":"2023-07-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45534594","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-18DOI: 10.1177/13624806231175861
Rachel Noah Hefetz
Confinement is a common result of conflict, and states use various mechanisms to imprison enemy fighters. This article examines practices of incarceration in times of conflict as punishment. It analyses dominant themes in how states punish those they conceive as ‘enemies’ and proposes the term ‘conflict penality’ to encapsulate commonalities in state punishment during conflict. The article then discusses conflict penality further by examining Israel's punishment of Palestinians for ‘security offences’. The article contributes to the geographical and topical expansion of punishment studies, beyond the traditional borders of national criminal justice systems of Anglo-European countries. It concludes by showing how, under the extreme political climate of conflict, states use penal power to delegitimise their opponents, yet do so through extensive normative compromises that undermine their moral authority to punish.
{"title":"Understanding conflict penality: Dominant themes and the case of the Israeli–Palestinian conflict","authors":"Rachel Noah Hefetz","doi":"10.1177/13624806231175861","DOIUrl":"https://doi.org/10.1177/13624806231175861","url":null,"abstract":"Confinement is a common result of conflict, and states use various mechanisms to imprison enemy fighters. This article examines practices of incarceration in times of conflict as punishment. It analyses dominant themes in how states punish those they conceive as ‘enemies’ and proposes the term ‘conflict penality’ to encapsulate commonalities in state punishment during conflict. The article then discusses conflict penality further by examining Israel's punishment of Palestinians for ‘security offences’. The article contributes to the geographical and topical expansion of punishment studies, beyond the traditional borders of national criminal justice systems of Anglo-European countries. It concludes by showing how, under the extreme political climate of conflict, states use penal power to delegitimise their opponents, yet do so through extensive normative compromises that undermine their moral authority to punish.","PeriodicalId":47813,"journal":{"name":"Theoretical Criminology","volume":"27 1","pages":"619 - 637"},"PeriodicalIF":2.2,"publicationDate":"2023-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43752281","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-06DOI: 10.1177/13624806231177020
Gavin Slade, Alexei Trochev, L. Piacentini
Since 2000, the prison rate has declined significantly in Kazakhstan. This article demonstrates that the Kazakhstani prison service, counterintuitively, became a key advocate of prison downsizing owing to a coalescence of norms and incentives in the 1980s and 1990s. In the process, the prison service elite maintained the loyalty of rank-and-file personnel through a focus on reform to performative and quantifiable measures of penal performance – such as rankings in the World Prison Brief – while qualitative changes to the service's identity and organization remained unchanged. Prison staff remained militarized and their livelihood and professional culture continued to be independent of the existence of prisons. In conclusion, we argue that the Kazakhstani case demonstrates the need for an integrative theory of penal change that focuses on the interplay of macro-, meso- and micro-level factors in relationally shaping the norms, incentives and opportunities of penal policy actors.
{"title":"Unlikely downsizers: The prison service's role in reversing mass incarceration in Kazakhstan","authors":"Gavin Slade, Alexei Trochev, L. Piacentini","doi":"10.1177/13624806231177020","DOIUrl":"https://doi.org/10.1177/13624806231177020","url":null,"abstract":"Since 2000, the prison rate has declined significantly in Kazakhstan. This article demonstrates that the Kazakhstani prison service, counterintuitively, became a key advocate of prison downsizing owing to a coalescence of norms and incentives in the 1980s and 1990s. In the process, the prison service elite maintained the loyalty of rank-and-file personnel through a focus on reform to performative and quantifiable measures of penal performance – such as rankings in the World Prison Brief – while qualitative changes to the service's identity and organization remained unchanged. Prison staff remained militarized and their livelihood and professional culture continued to be independent of the existence of prisons. In conclusion, we argue that the Kazakhstani case demonstrates the need for an integrative theory of penal change that focuses on the interplay of macro-, meso- and micro-level factors in relationally shaping the norms, incentives and opportunities of penal policy actors.","PeriodicalId":47813,"journal":{"name":"Theoretical Criminology","volume":"27 1","pages":"573 - 596"},"PeriodicalIF":2.2,"publicationDate":"2023-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44714727","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-06DOI: 10.1177/13624806231179127
Stefano Bloch, Enrique Alan Olivares‐Pelayo
Prisoners in the Arizona Department of Corrections, Rehabilitation, and Reentry (ADCRR) coordinate to circumvent full racial housing integration, revealing how “race” and adherence to the “racial code” is used as an organizing concept in carceral settings that is distinct from conceptualizations of race and politics of identity within free society. In addition to providing a review of the literature on the complexity of prison racialization, we base our discussion of racialization and adherence to the racial code on our combined experience as formerly racialized and gang-affiliated inmates, as well as on insights from informal and semi-structured interviews with prisoners who have navigated attempts at racial integration as part of the ADCRR's recently adopted Integrated Housing Program.
{"title":"Carceral racialization, prison segregation, and the Integrated Housing Program in Arizona","authors":"Stefano Bloch, Enrique Alan Olivares‐Pelayo","doi":"10.1177/13624806231179127","DOIUrl":"https://doi.org/10.1177/13624806231179127","url":null,"abstract":"Prisoners in the Arizona Department of Corrections, Rehabilitation, and Reentry (ADCRR) coordinate to circumvent full racial housing integration, revealing how “race” and adherence to the “racial code” is used as an organizing concept in carceral settings that is distinct from conceptualizations of race and politics of identity within free society. In addition to providing a review of the literature on the complexity of prison racialization, we base our discussion of racialization and adherence to the racial code on our combined experience as formerly racialized and gang-affiliated inmates, as well as on insights from informal and semi-structured interviews with prisoners who have navigated attempts at racial integration as part of the ADCRR's recently adopted Integrated Housing Program.","PeriodicalId":47813,"journal":{"name":"Theoretical Criminology","volume":"1 1","pages":""},"PeriodicalIF":2.2,"publicationDate":"2023-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41618272","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-19DOI: 10.1177/13624806231173663
Annette Vestby
Multi-agency partnerships and intelligence-led policing are among the proactive policing strategies used to manage and prevent crime outside the criminal justice process. Drawing on narrative criminology, this article studies the co-constitution of concrete proactive policing methods and the populations and crimes that they are directed at. Further, the article illuminates the variety of distinct approaches that are understood in the studied policing context as ‘preventive’, a term found to be applicable to any police strategy or method that does not involve investigation and is not aimed at building a criminal case for prosecution. Whereas crime prevention effects are considered desirable and achievable, at least in theory, the internal organisational aim to prevent prosecution exerts an influence on how crimes as well as the crime prevention mandate are made sense of and rendered actionable.
{"title":"Preventing prosecution: Narratives on proactive policing","authors":"Annette Vestby","doi":"10.1177/13624806231173663","DOIUrl":"https://doi.org/10.1177/13624806231173663","url":null,"abstract":"Multi-agency partnerships and intelligence-led policing are among the proactive policing strategies used to manage and prevent crime outside the criminal justice process. Drawing on narrative criminology, this article studies the co-constitution of concrete proactive policing methods and the populations and crimes that they are directed at. Further, the article illuminates the variety of distinct approaches that are understood in the studied policing context as ‘preventive’, a term found to be applicable to any police strategy or method that does not involve investigation and is not aimed at building a criminal case for prosecution. Whereas crime prevention effects are considered desirable and achievable, at least in theory, the internal organisational aim to prevent prosecution exerts an influence on how crimes as well as the crime prevention mandate are made sense of and rendered actionable.","PeriodicalId":47813,"journal":{"name":"Theoretical Criminology","volume":" ","pages":""},"PeriodicalIF":2.2,"publicationDate":"2023-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47556048","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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