Pub Date : 2022-04-07DOI: 10.1177/14773708221092314
Suzanne L. J. Kragten-Heerdink, S. V. D. van de Weijer, F. Weerman
Hardly any research exists that empirically compares (near-)domestic and cross-border sex trafficking. The few studies that do, are based on relatively small samples, and only represent US data. This study substantially extends the scarce scientific knowledge about the differences between the two types of sex trafficking, based on European data. Our sample consists of all 658 (near-)domestic sex traffickers, and all 424 cross-border sex traffickers, registered by the prosecution service in 2008–2017, who are brought to court in the Netherlands. We collected data on these traffickers from registers of the prosecution service, from a file analyses on the indictments/verdicts, and from registers of Statistics Netherlands. These data provide insight into the characteristics of the traffickers, their victims and modus operandi. Our findings show that significant differences between the two types of sex trafficking exist, which is of great importance for better tailored prevention and identification strategies. The most prominent finding is that the threshold to get involved into (near-)domestic sex trafficking is lower than for cross-border sex trafficking. (Near-)domestic sex traffickers are, compared to cross-border sex traffickers, younger (as are their victims), they seldom need to migrate, they operate on a smaller scale (more one-to-one and for a shorter period of time) and practically never in a criminal organization. Furthermore, they use violent means of coercion to control their victims more frequently than cross-border sex traffickers, which can be interpreted as additional evidence for a less organized practice. These findings contribute to a more complete understanding of sex trafficking, in particular of the traffickers who were seldom the direct subject of research.
{"title":"Crossing borders: Does it matter? Differences between (near-)domestic and cross-border sex traffickers, their victims and modus operandi","authors":"Suzanne L. J. Kragten-Heerdink, S. V. D. van de Weijer, F. Weerman","doi":"10.1177/14773708221092314","DOIUrl":"https://doi.org/10.1177/14773708221092314","url":null,"abstract":"Hardly any research exists that empirically compares (near-)domestic and cross-border sex trafficking. The few studies that do, are based on relatively small samples, and only represent US data. This study substantially extends the scarce scientific knowledge about the differences between the two types of sex trafficking, based on European data. Our sample consists of all 658 (near-)domestic sex traffickers, and all 424 cross-border sex traffickers, registered by the prosecution service in 2008–2017, who are brought to court in the Netherlands. We collected data on these traffickers from registers of the prosecution service, from a file analyses on the indictments/verdicts, and from registers of Statistics Netherlands. These data provide insight into the characteristics of the traffickers, their victims and modus operandi. Our findings show that significant differences between the two types of sex trafficking exist, which is of great importance for better tailored prevention and identification strategies. The most prominent finding is that the threshold to get involved into (near-)domestic sex trafficking is lower than for cross-border sex trafficking. (Near-)domestic sex traffickers are, compared to cross-border sex traffickers, younger (as are their victims), they seldom need to migrate, they operate on a smaller scale (more one-to-one and for a shorter period of time) and practically never in a criminal organization. Furthermore, they use violent means of coercion to control their victims more frequently than cross-border sex traffickers, which can be interpreted as additional evidence for a less organized practice. These findings contribute to a more complete understanding of sex trafficking, in particular of the traffickers who were seldom the direct subject of research.","PeriodicalId":51475,"journal":{"name":"European Journal of Criminology","volume":"1 1","pages":""},"PeriodicalIF":1.9,"publicationDate":"2022-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41430364","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-15DOI: 10.1177/14773708221086717
V. Ferraris
EU management of migration is undergoing an unprecedented transformation because of the use of databases and information systems. Drawing on the concept of border performativity, this article discusses how data is transforming the border. In particular, the article focuses on 1) how the EU JHA databases are evolving, from separate systems each with one purpose to multi-purpose databases, and 2) how the new EU plan – the interoperability regulation – connects and merges biometric and biographical data, as part of a shift from a silo-based approach towards a single centralised information system. The article – based on results of several research projects carried out between 2011 and 2019 adopting mixed methodology – discusses the border crossers’ role in challenging this digital border control, both in light of the current practices of data collection and processing and newly approved EU regulations. The article argues that the transformation of border control practices into practices driven by data processing makes it more difficult for border crossers to manoeuvre the system and legally challenge decisions based on data processing, thus, hampering the transformation of the border from below.
{"title":"Entangled in the technology-driven borderscape: Border crossers rendered to their digital self","authors":"V. Ferraris","doi":"10.1177/14773708221086717","DOIUrl":"https://doi.org/10.1177/14773708221086717","url":null,"abstract":"EU management of migration is undergoing an unprecedented transformation because of the use of databases and information systems. Drawing on the concept of border performativity, this article discusses how data is transforming the border. In particular, the article focuses on 1) how the EU JHA databases are evolving, from separate systems each with one purpose to multi-purpose databases, and 2) how the new EU plan – the interoperability regulation – connects and merges biometric and biographical data, as part of a shift from a silo-based approach towards a single centralised information system. The article – based on results of several research projects carried out between 2011 and 2019 adopting mixed methodology – discusses the border crossers’ role in challenging this digital border control, both in light of the current practices of data collection and processing and newly approved EU regulations. The article argues that the transformation of border control practices into practices driven by data processing makes it more difficult for border crossers to manoeuvre the system and legally challenge decisions based on data processing, thus, hampering the transformation of the border from below.","PeriodicalId":51475,"journal":{"name":"European Journal of Criminology","volume":"20 1","pages":"1740 - 1758"},"PeriodicalIF":1.9,"publicationDate":"2022-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42610547","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-08DOI: 10.1177/14773708221081017
Alexander Fürstenberg, S. Starystach, Andrzej Uhl
The development of effective anti-corruption measures relies on a sound understanding of underlying country-specific cultural patterns of corruption. However, finding these patterns faces the problem of ecological fallacies when tracing back the results of comparative macro-studies to the national level or of using ex-post explanations for cultural variances in experimental research designs. Thus, we ask how cultural patterns can explain country differences in the propensity to act corrupt without neglecting the aforementioned problems. Based on institutional theory, we model path-dependent cultural patterns at the macro, meso and micro levels promoting propensity to act corrupt in Poland and Russia. The results of experimental data gathered from students in Poland and Russia show that the extent to which legal nihilism and ethical dualism are institutionalized at the macro level, as well as the micro factors of gender-specific socialization and studying law, has a significant effect on the propensity to act corrupt.
{"title":"Culture and corruption: An experimental comparison of cultural patterns on the corruption propensity in Poland and Russia","authors":"Alexander Fürstenberg, S. Starystach, Andrzej Uhl","doi":"10.1177/14773708221081017","DOIUrl":"https://doi.org/10.1177/14773708221081017","url":null,"abstract":"The development of effective anti-corruption measures relies on a sound understanding of underlying country-specific cultural patterns of corruption. However, finding these patterns faces the problem of ecological fallacies when tracing back the results of comparative macro-studies to the national level or of using ex-post explanations for cultural variances in experimental research designs. Thus, we ask how cultural patterns can explain country differences in the propensity to act corrupt without neglecting the aforementioned problems. Based on institutional theory, we model path-dependent cultural patterns at the macro, meso and micro levels promoting propensity to act corrupt in Poland and Russia. The results of experimental data gathered from students in Poland and Russia show that the extent to which legal nihilism and ethical dualism are institutionalized at the macro level, as well as the micro factors of gender-specific socialization and studying law, has a significant effect on the propensity to act corrupt.","PeriodicalId":51475,"journal":{"name":"European Journal of Criminology","volume":"20 1","pages":"1719 - 1739"},"PeriodicalIF":1.9,"publicationDate":"2022-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45297454","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-01DOI: 10.1177/14773708211070215
C. Hamilton
This country survey examines the core Irish criminal justice institutions; basic trends in crime and punishment over the last 50 years; and critical junctures in the debate over law and order in recent decades. Using an earlier country survey by O’Donnell (2005a) as a baseline, it charts the significant growth of the discipline of criminology within Ireland. The article argues that Irish criminal justice retains a distinctively local flavour and highlights the promise of Irish criminology in many key areas of contemporary interest.
{"title":"Crime, justice and criminology in the Republic of Ireland","authors":"C. Hamilton","doi":"10.1177/14773708211070215","DOIUrl":"https://doi.org/10.1177/14773708211070215","url":null,"abstract":"This country survey examines the core Irish criminal justice institutions; basic trends in crime and punishment over the last 50 years; and critical junctures in the debate over law and order in recent decades. Using an earlier country survey by O’Donnell (2005a) as a baseline, it charts the significant growth of the discipline of criminology within Ireland. The article argues that Irish criminal justice retains a distinctively local flavour and highlights the promise of Irish criminology in many key areas of contemporary interest.","PeriodicalId":51475,"journal":{"name":"European Journal of Criminology","volume":"20 1","pages":"1597 - 1620"},"PeriodicalIF":1.9,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45829744","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-02-16DOI: 10.1177/14773708221077615
Jonathan Lusthaus, Jaap van Oss, Philipp Amann
The relative glut of data on cybercriminal forums has led to a growing understanding of the functioning of these virtual marketplaces. But with a focus on illicit online trading, less attention has been paid to the structures of groups that carry out cybercrimes in an operational sense. In economic parlance, some such groups may be known as ‘firms’. This concept has been a significant part of the literature on more traditional forms of organised crime, but is not widely discussed in the cybercrime discourse. The focus of this article is, by way of a case study of the Gozi malware group, to explore the applicability of the concept of firms to the novel environment of cybercrime.
{"title":"The Gozi group: A criminal firm in cyberspace?","authors":"Jonathan Lusthaus, Jaap van Oss, Philipp Amann","doi":"10.1177/14773708221077615","DOIUrl":"https://doi.org/10.1177/14773708221077615","url":null,"abstract":"The relative glut of data on cybercriminal forums has led to a growing understanding of the functioning of these virtual marketplaces. But with a focus on illicit online trading, less attention has been paid to the structures of groups that carry out cybercrimes in an operational sense. In economic parlance, some such groups may be known as ‘firms’. This concept has been a significant part of the literature on more traditional forms of organised crime, but is not widely discussed in the cybercrime discourse. The focus of this article is, by way of a case study of the Gozi malware group, to explore the applicability of the concept of firms to the novel environment of cybercrime.","PeriodicalId":51475,"journal":{"name":"European Journal of Criminology","volume":"20 1","pages":"1701 - 1718"},"PeriodicalIF":1.9,"publicationDate":"2022-02-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41426817","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-02-15DOI: 10.1177/14773708221081021
J. A. Brandariz, Máximo Sozzo
Back at the turn of the century, various influential works warned against criminology scholars’ inclination to easily identify epochal changes in the field of crime and penality (Garland, 2001; Hutchinson, 2006; O’Malley, 2000; O’Malley and Meyer, 2005; Sparks and Loader, 2004). This caution against so-called “criminologies of catastrophe” was and still is particularly pertinent. Academic communities should avoid falling into the fallacy of constantly seeing penal changes as watershed shifts that completely mutate the contours of penal policies and practices, thereby losing sight of the manifold continuities from the past (Sozzo, 2018a, 2018b). In a Heraclitean fashion, though, criminology debates should also not overlook the unstable and constantly changing nature of penal arrangements (Goodman et al., 2015, 2017). This shifting penal terrain is theoretically challenging, since it requires specific efforts aimed at frequently updating analytical frameworks. In partial contrast to the criminologies of catastrophe thesis, recurring updating tasks may have much to gain from leveraging the notion of crisis. In fact, crises can be seen as turning points, as privileged observation posts fromwhich the potential obsolescence of a given theory can be tested. As in Gramsci’s (1930/2011) concept of crisis, these turning points do not always lead to the consolidation of a precisely defined, new configuration. Nonetheless, crises are uniquely useful to revitalize academic approaches to a given phenomenon. This special issue embraces the conception of crises as vantage points for exploration. More precisely, it uses that lens to reflect on the political economy of punishment (hereinafter, PEofP). That academic perspective particularly thrived in the 1970s and 1980s,
早在世纪之交，各种有影响力的著作就警告犯罪学学者不要轻易地识别犯罪和刑罚领域的划时代变化(Garland, 2001;哈钦森,2006;奥马利,2000;O 'Malley and Meyer, 2005;火花和装载机，2004年)。这种对所谓“灾难犯罪学”的警告过去是，现在仍然是特别恰当的。学术界应避免陷入不断将刑罚变化视为分水岭转变的谬误，这种转变完全改变了刑罚政策和实践的轮廓，从而忽视了过去的多种连续性(Sozzo, 2018a, 2018b)。然而，以赫拉克利特的方式，犯罪学辩论也不应忽视刑罚安排的不稳定和不断变化的性质(Goodman et al.， 2015, 2017)。这种不断变化的刑罚地形在理论上具有挑战性，因为它需要针对经常更新分析框架的具体努力。与灾难的犯罪学理论形成部分对比的是，反复更新的任务可能会从利用危机的概念中获益良多。事实上，危机可以被视为转折点，作为特权观察站，从这里可以检验给定理论的潜在过时性。正如葛兰西(1930/2011)的危机概念一样，这些转折点并不总是导致一个精确定义的新结构的巩固。尽管如此，危机对于振兴研究特定现象的学术方法是非常有用的。本期特刊将危机的概念作为探索的有利点。更准确地说，它用这个镜头来反思惩罚的政治经济学(以下简称PEofP)。这种学术观点在20世纪70年代和80年代尤为盛行，
{"title":"Penal changes, crises, and the political economy of punishment: An introduction","authors":"J. A. Brandariz, Máximo Sozzo","doi":"10.1177/14773708221081021","DOIUrl":"https://doi.org/10.1177/14773708221081021","url":null,"abstract":"Back at the turn of the century, various influential works warned against criminology scholars’ inclination to easily identify epochal changes in the field of crime and penality (Garland, 2001; Hutchinson, 2006; O’Malley, 2000; O’Malley and Meyer, 2005; Sparks and Loader, 2004). This caution against so-called “criminologies of catastrophe” was and still is particularly pertinent. Academic communities should avoid falling into the fallacy of constantly seeing penal changes as watershed shifts that completely mutate the contours of penal policies and practices, thereby losing sight of the manifold continuities from the past (Sozzo, 2018a, 2018b). In a Heraclitean fashion, though, criminology debates should also not overlook the unstable and constantly changing nature of penal arrangements (Goodman et al., 2015, 2017). This shifting penal terrain is theoretically challenging, since it requires specific efforts aimed at frequently updating analytical frameworks. In partial contrast to the criminologies of catastrophe thesis, recurring updating tasks may have much to gain from leveraging the notion of crisis. In fact, crises can be seen as turning points, as privileged observation posts fromwhich the potential obsolescence of a given theory can be tested. As in Gramsci’s (1930/2011) concept of crisis, these turning points do not always lead to the consolidation of a precisely defined, new configuration. Nonetheless, crises are uniquely useful to revitalize academic approaches to a given phenomenon. This special issue embraces the conception of crises as vantage points for exploration. More precisely, it uses that lens to reflect on the political economy of punishment (hereinafter, PEofP). That academic perspective particularly thrived in the 1970s and 1980s,","PeriodicalId":51475,"journal":{"name":"European Journal of Criminology","volume":"19 1","pages":"325 - 331"},"PeriodicalIF":1.9,"publicationDate":"2022-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47253791","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-24DOI: 10.1177/14773708211070203
M. O’Neill, Jacques de Maillard, Ronald van Steden
This paper examines ‘auxiliary’ police in three European countries and the extent to which they continue to present a pluralisation of public sector policing. Examining findings from existing empirical research, we will argue that despite different origins, systems of governance, formal powers and levels of centralisation, the police auxiliaries in England and Wales, France and The Netherlands have all experienced an overall trend towards becoming more ‘enforcement-orientated’. This unique comparative analysis measures each agency's powers, appearance, organisational dimensions and mandate and the associated drivers towards change, such as the politicisation of law and order, large-scale institutional transformations and professionalisation attempts. This analysis will have implications for pluralised policing scholarship as it questions the extent to which auxiliary officers provide a true alternative to the standard or national public policing mandate, which has historically highlighted the ‘law and order’ function of the police. It also highlights the lack of research on what ‘policing by government’ ( Loader, 2000) looks like in practice and the need for further comparative research with these auxiliary state policing actors.
{"title":"The enforcement turn in plural policing? A comparative analysis of public police auxiliaries in England and Wales, France and The Netherlands","authors":"M. O’Neill, Jacques de Maillard, Ronald van Steden","doi":"10.1177/14773708211070203","DOIUrl":"https://doi.org/10.1177/14773708211070203","url":null,"abstract":"This paper examines ‘auxiliary’ police in three European countries and the extent to which they continue to present a pluralisation of public sector policing. Examining findings from existing empirical research, we will argue that despite different origins, systems of governance, formal powers and levels of centralisation, the police auxiliaries in England and Wales, France and The Netherlands have all experienced an overall trend towards becoming more ‘enforcement-orientated’. This unique comparative analysis measures each agency's powers, appearance, organisational dimensions and mandate and the associated drivers towards change, such as the politicisation of law and order, large-scale institutional transformations and professionalisation attempts. This analysis will have implications for pluralised policing scholarship as it questions the extent to which auxiliary officers provide a true alternative to the standard or national public policing mandate, which has historically highlighted the ‘law and order’ function of the police. It also highlights the lack of research on what ‘policing by government’ ( Loader, 2000) looks like in practice and the need for further comparative research with these auxiliary state policing actors.","PeriodicalId":51475,"journal":{"name":"European Journal of Criminology","volume":"20 1","pages":"1681 - 1700"},"PeriodicalIF":1.9,"publicationDate":"2022-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41916146","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-10DOI: 10.1177/14773708211072415
Juste Abramovaite, Siddhartha Bandyopadhyay, Samrat Bhattacharya, Nick Cowen
The severity, certainty and celerity (swiftness) of punishment are theorised to influence offending through deterrence. Yet celerity is rarely included in empirical studies of criminal activity and the three deterrence factors have never been analysed in one empirical model. We address this gap with an analysis using unique panel data of recorded theft, burglary and violence against the person for 41 Police Force Areas in England and Wales using variables that capture these three theorised factors of deterrence. We find that the three factors affect crime in different ways. Increased detection by the police (certainty) is associated with reduced theft and burglary but not violence. We find that variation in the celerity of sanction has a significant impact on theft offences but not on burglary or violence offences. Increased average prison sentences (severity) reduce burglary only. We account for these results in terms of data challenges and the likely different motivations underlying violent and acquisitive crime.
{"title":"Classical deterrence theory revisited: An empirical analysis of Police Force Areas in England and Wales","authors":"Juste Abramovaite, Siddhartha Bandyopadhyay, Samrat Bhattacharya, Nick Cowen","doi":"10.1177/14773708211072415","DOIUrl":"https://doi.org/10.1177/14773708211072415","url":null,"abstract":"The severity, certainty and celerity (swiftness) of punishment are theorised to influence offending through deterrence. Yet celerity is rarely included in empirical studies of criminal activity and the three deterrence factors have never been analysed in one empirical model. We address this gap with an analysis using unique panel data of recorded theft, burglary and violence against the person for 41 Police Force Areas in England and Wales using variables that capture these three theorised factors of deterrence. We find that the three factors affect crime in different ways. Increased detection by the police (certainty) is associated with reduced theft and burglary but not violence. We find that variation in the celerity of sanction has a significant impact on theft offences but not on burglary or violence offences. Increased average prison sentences (severity) reduce burglary only. We account for these results in terms of data challenges and the likely different motivations underlying violent and acquisitive crime.","PeriodicalId":51475,"journal":{"name":"European Journal of Criminology","volume":"20 1","pages":"1663 - 1680"},"PeriodicalIF":1.9,"publicationDate":"2022-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47322798","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-31DOI: 10.1177/14773708211065905
Kristian Mjåland, Julie Laursen, Anna Schliehe, Simon R. Larmour
Open prisons are portrayed as less harmful custodial institutions than closed prisons, and prison systems that rely more heavily on low security imprisonment are typically considered to have a more humane and less punitive approach to punishment. However, few studies have systematically compared the subjective experiences of prisoners held in open and closed prisons, and no study has yet compared the role and function of open prisons across jurisdictions. Drawing on a survey conducted with prisoners (N = 1082) in 13 prisons in England and Wales and Norway, we provide the first comparative analysis of experiences of imprisonment in closed and open prisons, conducted in countries with diverging penal philosophies (‘neoliberal’ vs. ‘social democratic’). The article documents that open prisons play a much more significant role in Norway than in England and Wales; that prisoners in both countries rate their experience significantly more positively in open compared to closed prisons; and that while imprisonment seems to produce similar kinds of pains in both types of prisons, they are perceived as less severe and more manageable in open prisons. These findings suggest important implications for comparative penology, penal policy, and prison reform.
{"title":"Contrasts in freedom: Comparing the experiences of imprisonment in open and closed prisons in England and Wales and Norway","authors":"Kristian Mjåland, Julie Laursen, Anna Schliehe, Simon R. Larmour","doi":"10.1177/14773708211065905","DOIUrl":"https://doi.org/10.1177/14773708211065905","url":null,"abstract":"Open prisons are portrayed as less harmful custodial institutions than closed prisons, and prison systems that rely more heavily on low security imprisonment are typically considered to have a more humane and less punitive approach to punishment. However, few studies have systematically compared the subjective experiences of prisoners held in open and closed prisons, and no study has yet compared the role and function of open prisons across jurisdictions. Drawing on a survey conducted with prisoners (N = 1082) in 13 prisons in England and Wales and Norway, we provide the first comparative analysis of experiences of imprisonment in closed and open prisons, conducted in countries with diverging penal philosophies (‘neoliberal’ vs. ‘social democratic’). The article documents that open prisons play a much more significant role in Norway than in England and Wales; that prisoners in both countries rate their experience significantly more positively in open compared to closed prisons; and that while imprisonment seems to produce similar kinds of pains in both types of prisons, they are perceived as less severe and more manageable in open prisons. These findings suggest important implications for comparative penology, penal policy, and prison reform.","PeriodicalId":51475,"journal":{"name":"European Journal of Criminology","volume":"20 1","pages":"1641 - 1662"},"PeriodicalIF":1.9,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47072237","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-22DOI: 10.1177/14773708211055270
A. Ernst, Maria Gerth
Wikström's Situational Action Theory (SAT) explains rule-breaking by reference to the cognitive perception-choice process, which indicates how a person's propensity to break rules interacts with the setting's criminogeneity. SAT's situational model claims that the interaction between personal morality and the moral norms of the setting, the so-called moral filter, is critical in the explanation of rule-breaking, and that the influence of self-control is subordinate to this process. Self-control becomes relevant when individuals whose personal morality discourages rule-breaking are exposed to settings in which the moral norms encourage rule-breaking, that is, if the moral filter is conflicted. Whereas most previous studies have equated the moral filter with personal morality, we consider the moral norms of the setting as well. This allows for a more rigorous test of the moral filter, and thus the conditionality of self-control. Here, we investigate student cheating, using data from two waves of a large-scale German school panel study, and we conceptualise the setting's moral norms by reference to the descriptive norm: other students’ cheating behaviour. This ensures the spatio-linkage between the setting's criminogeneity and rule-breaking, which is necessary for investigating SAT. Additionally, our estimation strategy – person and school fixed-effect models – controls for alternative explanations by the selection of people into settings with different levels of criminogeneity. Moreover, it controls for heterogeneity across persons and schools. The findings are in line with SAT's predictions. In cases of a correspondence between personal morality and the moral norms of a setting, students with rule-abiding morality are least likely to cheat, whereas students with a rule-breaking morality are the most likely to cheat. Also, in line with SAT, self-control only matters for students with rule-abiding morality when they are exposed to moral norms that encourage rule-breaking.
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