This paper interrogates the capacity for social control to act as a complement and alternative to the law in controlling corporate harm. Social control can manifest as demands that businesses obtain a social, not just a legal, licence to operate which can provide an avenue for communities to reject or shape company operations. Drawing on parallels with the ambiguities that hinder the criminalization of business conduct, this paper shows how the social licence can also be used to silence critical voices or justify harmful practices. This ambiguity hinges on struggles around what is or is not socially desirable, which can engender significant conflict. Whilst this conflict might be inevitable, even productive in reducing corporate harm, it can leave a debilitating social legacy.
{"title":"Countering Corporate Power Through Social Control: What Does a Social Licence Offer?","authors":"Fiona Haines, S. Bice, C. Einfeld, Helen Sullivan","doi":"10.1093/BJC/AZAB049","DOIUrl":"https://doi.org/10.1093/BJC/AZAB049","url":null,"abstract":"\u0000 This paper interrogates the capacity for social control to act as a complement and alternative to the law in controlling corporate harm. Social control can manifest as demands that businesses obtain a social, not just a legal, licence to operate which can provide an avenue for communities to reject or shape company operations. Drawing on parallels with the ambiguities that hinder the criminalization of business conduct, this paper shows how the social licence can also be used to silence critical voices or justify harmful practices. This ambiguity hinges on struggles around what is or is not socially desirable, which can engender significant conflict. Whilst this conflict might be inevitable, even productive in reducing corporate harm, it can leave a debilitating social legacy.","PeriodicalId":48244,"journal":{"name":"British Journal of Criminology","volume":" ","pages":""},"PeriodicalIF":2.6,"publicationDate":"2021-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/BJC/AZAB049","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47353475","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}
Abstract Much has been written about the search for carnivalesque release in late-modern society, but relatively less attention has been paid to the harms experienced within this practice. Based on mixed-methods qualitative research including observational fieldwork at a large, multi-day camping festival in NSW, Australia, and in-depth interviews with victim-survivors of sexual violence occurring at Australian music festivals, this paper considers music festivals as sites of contemporary carnival. The paper examines the way in which situational, environmental and gendered dynamics shape these transgressive experiences. In doing so, it advances cultural criminological understandings of the carnivalesque by highlighting the bounded nature of carnival and the ‘cultural scaffolding’ that enables sexual violence and harassment at music festival events.
{"title":"Carnival, Sexual Violence and Harm at Australian Music Festivals","authors":"Phillip Wadds, B. Fileborn, Stephen Tomsen","doi":"10.1093/BJC/AZAB047","DOIUrl":"https://doi.org/10.1093/BJC/AZAB047","url":null,"abstract":"Abstract\u0000 Much has been written about the search for carnivalesque release in late-modern society, but relatively less attention has been paid to the harms experienced within this practice. Based on mixed-methods qualitative research including observational fieldwork at a large, multi-day camping festival in NSW, Australia, and in-depth interviews with victim-survivors of sexual violence occurring at Australian music festivals, this paper considers music festivals as sites of contemporary carnival. The paper examines the way in which situational, environmental and gendered dynamics shape these transgressive experiences. In doing so, it advances cultural criminological understandings of the carnivalesque by highlighting the bounded nature of carnival and the ‘cultural scaffolding’ that enables sexual violence and harassment at music festival events.","PeriodicalId":48244,"journal":{"name":"British Journal of Criminology","volume":" ","pages":""},"PeriodicalIF":2.6,"publicationDate":"2021-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/BJC/AZAB047","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43703654","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}
The ‘totality principle’ in law aims to show mercy to offenders in multiple-offence (MO) cases and retain ordinal proportionality in punishing those who commit different categories of offence. The effect of this principle in practice, however, is largely unknown. The present study involved an analysis of data released by the Sentencing Council for England and Wales to estimate the prevalence of MO cases and compare the penalties they received against comparable single-offence (SO) cases. MO cases represented approximately half of the cases in the sample which included violent, property, drugs and driving offences. Offence-specific regression analyses revealed that MO/SO case status was not a significant predictor of receiving a custodial sentence or of custody length. Thus, by applying the totality principle, sentencers may be letting MO offenders ‘off lightly’. Potential explanations for this unintentional effect on decision-making lies in how the totality principle is defined and interpreted, and recommendations are made for revising the guideline on application of the totality principle.
{"title":"Sentencing Multiple- Versus Single-Offence Cases: Does More Crime Mean Less Punishment?","authors":"Mandeep K. Dhami","doi":"10.1093/BJC/AZAB030","DOIUrl":"https://doi.org/10.1093/BJC/AZAB030","url":null,"abstract":"\u0000 The ‘totality principle’ in law aims to show mercy to offenders in multiple-offence (MO) cases and retain ordinal proportionality in punishing those who commit different categories of offence. The effect of this principle in practice, however, is largely unknown. The present study involved an analysis of data released by the Sentencing Council for England and Wales to estimate the prevalence of MO cases and compare the penalties they received against comparable single-offence (SO) cases. MO cases represented approximately half of the cases in the sample which included violent, property, drugs and driving offences. Offence-specific regression analyses revealed that MO/SO case status was not a significant predictor of receiving a custodial sentence or of custody length. Thus, by applying the totality principle, sentencers may be letting MO offenders ‘off lightly’. Potential explanations for this unintentional effect on decision-making lies in how the totality principle is defined and interpreted, and recommendations are made for revising the guideline on application of the totality principle.","PeriodicalId":48244,"journal":{"name":"British Journal of Criminology","volume":" ","pages":""},"PeriodicalIF":2.6,"publicationDate":"2021-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/BJC/AZAB030","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44537277","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}
Corrections officials, prison staff and many people incarcerated have long believed that hope derived from a realistic possibility of release is essential to maintain order and safety in the prison. Criminological research consistently finds, however, that people without foreseeable or realistic prospects for release nevertheless do hope. Yet while findings of hope in criminological literature are robust, they remain undeveloped. This article draws from hope studies in other disciplines to advance a model of types of hope, which is then used to analyse evidence of hope in prior criminological literature on life sentences and long prison terms. The article distinguishes hopes derived from legal opportunities and escapist fantasies from deeper hopes grounded in despair, highlighting hope as a site for further research.
{"title":"Hope and the Life Sentence","authors":"Christopher Seeds","doi":"10.1093/BJC/AZAB037","DOIUrl":"https://doi.org/10.1093/BJC/AZAB037","url":null,"abstract":"\u0000 Corrections officials, prison staff and many people incarcerated have long believed that hope derived from a realistic possibility of release is essential to maintain order and safety in the prison. Criminological research consistently finds, however, that people without foreseeable or realistic prospects for release nevertheless do hope. Yet while findings of hope in criminological literature are robust, they remain undeveloped. This article draws from hope studies in other disciplines to advance a model of types of hope, which is then used to analyse evidence of hope in prior criminological literature on life sentences and long prison terms. The article distinguishes hopes derived from legal opportunities and escapist fantasies from deeper hopes grounded in despair, highlighting hope as a site for further research.","PeriodicalId":48244,"journal":{"name":"British Journal of Criminology","volume":" ","pages":""},"PeriodicalIF":2.6,"publicationDate":"2021-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46897222","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}
{"title":"Penal Theories and Institutions: Lectures at the College de France 1971–1972","authors":"J. Moore","doi":"10.1093/BJC/AZAB044","DOIUrl":"https://doi.org/10.1093/BJC/AZAB044","url":null,"abstract":"","PeriodicalId":48244,"journal":{"name":"British Journal of Criminology","volume":" ","pages":""},"PeriodicalIF":2.6,"publicationDate":"2021-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41889599","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}
Criminologists have explored the experience of re-entry and the identified employment as productive of prosocial, post-carceral identities. They have also recognized that the stigma of a criminal record creates barriers to employment, and former prisons must find ways to manage this stigma if they are to be successful in the labour market. Yet existing studies on stigma management in the context of post-carceral employment have not addressed women’s unique needs and strategies. The current study uses interviews with 21 formerly incarcerated women to assess their accounts of how the stigma of criminalization can be managed with potential employers. Results highlight the utility of considering and supporting the role of employment in women’s post-carceral identities.
{"title":"‘Get to know me, not the inmate’: Women’s Management of the Stigma of Criminal Records","authors":"A. Grace","doi":"10.1093/BJC/AZAB029","DOIUrl":"https://doi.org/10.1093/BJC/AZAB029","url":null,"abstract":"\u0000 Criminologists have explored the experience of re-entry and the identified employment as productive of prosocial, post-carceral identities. They have also recognized that the stigma of a criminal record creates barriers to employment, and former prisons must find ways to manage this stigma if they are to be successful in the labour market. Yet existing studies on stigma management in the context of post-carceral employment have not addressed women’s unique needs and strategies. The current study uses interviews with 21 formerly incarcerated women to assess their accounts of how the stigma of criminalization can be managed with potential employers. Results highlight the utility of considering and supporting the role of employment in women’s post-carceral identities.","PeriodicalId":48244,"journal":{"name":"British Journal of Criminology","volume":" ","pages":""},"PeriodicalIF":2.6,"publicationDate":"2021-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/BJC/AZAB029","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42999254","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}
The relations between sentencing and post-sentencing stages (e.g., the implementation of prison, parole or community-based sanctions) are often perceived through temporal, spatial and normative binaries. The static time of retributive calibration—as fully known at sentencing time—stands at the heart of this separation. Through qualitative findings drawn from parole-board chairpersons in Israel, the paper argues that retributive punishment may evolve with time. As the findings suggest, parole decision-makers often go beyond risk and rehabilitation and reframe, reinterpret and renegotiate the dimensions of the deserved punishment. Three temporally dynamic themes of retributive discourses were described: (1) unexpected suffering review; (2) moral character revaluation; and (3) diminished censure reassessment. The findings challenge both the static conceptualization of retributive time and the instrumental view of parole decision-making. More generally, the findings question the assumed strict boundaries between sentencing and post-sentencing stages and call for future scholarly engagement with the evolution of punishment over time.
{"title":"Overcoming Penal Boundaries: Exploring The Evolution of Retributive Time Through Parole Decision-Making","authors":"Netanel Dagan","doi":"10.1093/BJC/AZAB039","DOIUrl":"https://doi.org/10.1093/BJC/AZAB039","url":null,"abstract":"\u0000 The relations between sentencing and post-sentencing stages (e.g., the implementation of prison, parole or community-based sanctions) are often perceived through temporal, spatial and normative binaries. The static time of retributive calibration—as fully known at sentencing time—stands at the heart of this separation. Through qualitative findings drawn from parole-board chairpersons in Israel, the paper argues that retributive punishment may evolve with time. As the findings suggest, parole decision-makers often go beyond risk and rehabilitation and reframe, reinterpret and renegotiate the dimensions of the deserved punishment. Three temporally dynamic themes of retributive discourses were described: (1) unexpected suffering review; (2) moral character revaluation; and (3) diminished censure reassessment. The findings challenge both the static conceptualization of retributive time and the instrumental view of parole decision-making. More generally, the findings question the assumed strict boundaries between sentencing and post-sentencing stages and call for future scholarly engagement with the evolution of punishment over time.","PeriodicalId":48244,"journal":{"name":"British Journal of Criminology","volume":" ","pages":""},"PeriodicalIF":2.6,"publicationDate":"2021-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41864280","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}
In Hong Kong’s Umbrella Movement, the use of Chinese triads to attack protestors has attracted international attention, forcing the regime to constrain further acts of grand illegitimate violence. Research suggests that triads were used as ‘thugs-for-hire’ by the regime to achieve political ends. The present study aims to examine why the triads were hired and what their specific roles and motivations were. It concludes that triads acted as non-state securitization actors, agent provocateurs or extralegal protectors depending on several factors, such as financial incentives, being stakeholders in occupied sites, business interests in mainland China and individuals’ political ideology. It suggests that triads were used as vigilantes against the threats of Western-instigated Color Revolution and hybrid warfare targeting China.
{"title":"Securitizing the Colour Revolution: Assessing the Political Role of Triads in Hong Kong’s Umbrella Movement","authors":"T. Lo, S. Kwok, Daniel F. Garrett","doi":"10.1093/BJC/AZAB034","DOIUrl":"https://doi.org/10.1093/BJC/AZAB034","url":null,"abstract":"\u0000 In Hong Kong’s Umbrella Movement, the use of Chinese triads to attack protestors has attracted international attention, forcing the regime to constrain further acts of grand illegitimate violence. Research suggests that triads were used as ‘thugs-for-hire’ by the regime to achieve political ends. The present study aims to examine why the triads were hired and what their specific roles and motivations were. It concludes that triads acted as non-state securitization actors, agent provocateurs or extralegal protectors depending on several factors, such as financial incentives, being stakeholders in occupied sites, business interests in mainland China and individuals’ political ideology. It suggests that triads were used as vigilantes against the threats of Western-instigated Color Revolution and hybrid warfare targeting China.","PeriodicalId":48244,"journal":{"name":"British Journal of Criminology","volume":" ","pages":""},"PeriodicalIF":2.6,"publicationDate":"2021-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/BJC/AZAB034","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48850642","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}
This article examines the justifications that a group of prosecutors employs when coordinating human trafficking investigations in the Amazon. The study is based on interviews with officials who work in Madre de Dios, Peru, a region affected by small-scale gold mining, whose demand for labour has increased the incidence of human trafficking. I draw from Boltanski and Thévenot’s polity model to elucidate three moral principles regularly endorsed by prosecutors in the course of criminal investigations: efficiency, civic and domestic values. Together these comprise a moral cartography of prosecution. This study from the Global South contributes to a more holistic—and pragmatic—understanding of prosecutors’ charging decisions, complementing research approaching this topic from the perspective of bounded rationality.
{"title":"Rethinking Prosecutorial Discretion: Towards A Moral Cartography of Prosecutors","authors":"Diego Tuesta","doi":"10.1093/BJC/AZAB040","DOIUrl":"https://doi.org/10.1093/BJC/AZAB040","url":null,"abstract":"\u0000 This article examines the justifications that a group of prosecutors employs when coordinating human trafficking investigations in the Amazon. The study is based on interviews with officials who work in Madre de Dios, Peru, a region affected by small-scale gold mining, whose demand for labour has increased the incidence of human trafficking. I draw from Boltanski and Thévenot’s polity model to elucidate three moral principles regularly endorsed by prosecutors in the course of criminal investigations: efficiency, civic and domestic values. Together these comprise a moral cartography of prosecution. This study from the Global South contributes to a more holistic—and pragmatic—understanding of prosecutors’ charging decisions, complementing research approaching this topic from the perspective of bounded rationality.","PeriodicalId":48244,"journal":{"name":"British Journal of Criminology","volume":"1 1","pages":""},"PeriodicalIF":2.6,"publicationDate":"2021-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/BJC/AZAB040","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41424119","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}
This study examines the temporal clustering of hate crimes in Scotland, England and Wales in the wake of the Brexit vote and the 2017 terrorist attacks. Using an interrupted time-series design, we analyzed hate crime data by motivation type and month as provided by area police forces under the Freedom of Information Act. The results revealed a significant increase in crimes based on religious bias in Scotland, England and Wales after the 2017 terrorist attacks. There is also evidence of a significant increase in racial hate crime in the aftermath of the European Union referendum but only in England and Wales. We suggest that these findings underscore the role of political legitimization in predicting hate crimes.
{"title":"Temporal Clustering of Hate Crimes in the Aftermath of the Brexit Vote and Terrorist Attacks: A Comparison of Scotland and England and Wales","authors":"Sylwia J. Piatkowska, Brendan Lantz","doi":"10.1093/BJC/AZAA090","DOIUrl":"https://doi.org/10.1093/BJC/AZAA090","url":null,"abstract":"\u0000 This study examines the temporal clustering of hate crimes in Scotland, England and Wales in the wake of the Brexit vote and the 2017 terrorist attacks. Using an interrupted time-series design, we analyzed hate crime data by motivation type and month as provided by area police forces under the Freedom of Information Act. The results revealed a significant increase in crimes based on religious bias in Scotland, England and Wales after the 2017 terrorist attacks. There is also evidence of a significant increase in racial hate crime in the aftermath of the European Union referendum but only in England and Wales. We suggest that these findings underscore the role of political legitimization in predicting hate crimes.","PeriodicalId":48244,"journal":{"name":"British Journal of Criminology","volume":"32 2","pages":"648-669"},"PeriodicalIF":2.6,"publicationDate":"2021-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/BJC/AZAA090","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41246704","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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