Criminological Analysis Research Articles

Criminological Analysis of Victimization of Minors and the Problems of its Minimization

Criminological Analysis of Victimization of Minors and the Problems of its Minimization

A Jurisprudential, Legal, and Criminological Analysis of Child Abuse within the Family Environment and Its Distinction from Conventional Child Discipline in Judicial Practice

A Jurisprudential, Legal, and Criminological Analysis of Child Abuse within the Family Environment and Its Distinction from Conventional Child Discipline in Judicial Practice

Criminology analysis and improvement of the system of prevention of drug trafficking in the black sea region of mainland Ukraine

The article examines the criminological features of illegal drug sales and, on this basis, provides suggestions for improving the system of combating drug crime in the Black Sea region of mainland Ukraine.
 The author revealed that the rapid pace of drug addiction, the expansion of the range of drug supply, the increase in the volume of their supply, the involvement of a large number of the population in the criminal sale, the involvement of Ukraine in the world drug business industry are only a small list of threats that determine the increased degree of danger of activities related to illegal sale of drugs. It is proven that due to the specific economic, social, demographic situation; advantageous geographical location; due to the presence of an extensive network of sea, rail and road transport, the Black Sea region turned out to be one of the most attractive areas for the illegal enrichment of criminals through the sale of drugs. It is substantiated that this puts the problem of analyzing drug crime in the Black Sea region of mainland Ukraine into an extremely urgent scientific problem and determines the need to find new forms and means of improving the regional system of drug crime prevention.
 The author established high indicators of the intensity of drug sales in the Black Sea region. So, if in Ukraine the intensity of the illegal sale of narcotic drugs, psychotropic substances or their analogues is an average of 14 crimes per 100,000 population, then in the Black Sea region of Ukraine these indicators exceed the Ukrainian average.
 It is argued that criminals use the most diverse ways to move drugs from the illicit producer to the end user.
 It is justified that the prevention of drug sales is a set of interrelated measures that should cover a number of spheres of social relations. The activities of state and law enforcement agencies, whose tasks include countering drug crime, should influence the sphere of supply and demand of drugs.
 The paper states that law enforcement agencies in the Black Sea region of Ukraine should respond with adequate measures to prevent crimes: improve information and analytical support for crime prevention work; training of highly qualified personnel who would use modern knowledge, the latest forms and means to prevent crime; regulatory and legal support for the practice of combating drug addiction needs improvement, especially its organized forms; an important role is played by the establishment of cooperation (at the national, regional and local levels) between the practical units of the National Police, the Prosecutor's Office, the Court, the State Border Service, etc. in matters of exchanging information about criminals, conducting joint operations to stop crimes, preventing smuggling and their movement through the territory of the country to points of sale; an important direction is counteraction to "contactless" forms of domestic anesthesia - through the Internet, various messengers, etc.; not the last role is assigned to the prevention of drug crime: promotion of a healthy lifestyle among the population; prevention of recidivism and other measures.

Analysis of the critical criminology of Zaffaroni in the treatment of legal alienation by peruvian criminal law

El presente artículo realiza un análisis de la criminología crítica planteada por Eugenio Zaffaroni y su relación con el concepto de alienación legal desarrollado por Roberto Gargarella y Antony Duff. Asimismo, se realiza el análisis de la normativa penal peruana y sus criterios de determinación de la pena, dentro de los cuales se ha previsto considerar el contexto de carencias sociales que pueda haber sufrido el delincuente.

Сombating drug crime as a complex system of legal reaction of law enforcement agencies to criminal phenomena

The article carries out a criminological analysis of the main elements of the drug crime prevention mechanism as a complex system of legal response of law enforcement agencies to criminal phenomena, characterized by an integral complex of interrelated elements, and on this basis the researched concept is formulated and the differences between the closest adjacent categories are shown.
 It was determined that the concept of the mechanism of combating crime in the field of illegal drug trafficking as a category has a double meaning. The complexity of choosing an approach to determining the constituent system elements of the mechanism also determines the complexity of the studied concept itself. The study of the mechanism as a system with all its interrelationships helped to fully reveal the meaning of this concept. As for such a social phenomenon as countering drug crime, the concept of "mechanism" must be used mainly in a practical aspect, bearing in mind the achievement of certain results of criminological influence from the activities of law enforcement agencies. At the same time, the concept of "crime prevention mechanism" is really related to the concept of "crime prevention".
 The mechanism of drug crime prevention in his understanding is considered as a systemic and complex construction that can be interpreted within the framework of different approaches. These approaches, which make it possible to use the research potential of other sciences (mainly psychology, cybernetics, sociology, various branches of legal sciences that study various aspects of management), are aimed at revealing certain, sometimes very important, aspects of crime prevention and its mechanisms.
 Based on the results of the conducted research, it was concluded that the mechanism of combating drug crime is considered as such a system formation (all aggregates as a single entity) of norms, principles, institutions (state-legal and socio-political), forms, methods and means (organizational, legal, economic, socio-psychological), connections and relations, with the help of which the criminological influence of law enforcement agencies on specific objects is carried out in order to achieve certain goals. In this narrow (literal) understanding, this mechanism is a set of forms, methods and means used by individual subjects to carry out broad activities in the field of combating drug crime. It was determined that the criminological doctrine and practice of law enforcement confirmed that the dynamics and structure of modern drug crime are determined not only by the traditional causes and conditions of this negative social phenomenon, long studied by specialists, but also by specific criminogenic factors caused by various crisis phenomena and processes, generated by new complex social - economic and domestic political realities in which Ukrainian society found itself.

Criminological analysis of criminal radicalism state among convicts in penal institutions

The article is devoted to the study of the criminal radicalism state among prisoners in penal institutions. The purpose of the article is to formulate a theoretical model of the criminal radicalism state among prisoners in penal institutions.
 It has been found that criminal radicalism is a manifestation of radical, violent influence on the components of the punishment environment, prohibited by the law on criminal liability, with the aim of fundamentally changing them. Criminal radicalism among convicts is represented by a block structure, which provides for unequal criminal law content and limits of relevant antisocial practices. Endogenous and exogenous criminal radicalism in penal institutions has been identified and characterized. The annual level of endogenous criminal radicalism among convicts in penal institutions is 32 crimes, 87.5 % of which are criminal offenses provided for in Art. 255-1 of the Criminal Code of Ukraine, 9.4 % are intentional murders, 3.1 % are intentional grievous bodily harm. In the structure of general crime among prisoners (annual averaged indicator), the share of endogenous criminal radicalism is about 6 %.
 In 2021, the level of exogenous criminal radicalism amounted to 143 criminal offenses, which is 27.7 % of the total crime in penitentiary institutions. The average annual value of the relevant indicators in 2016–2021 was 134 criminal offenses, and the average share in the structure of crime in penal institutions was 29.5 %. The aggregate indicators of exogenous and endogenous criminal radicalism, i.e. criminal radicalism among prisoners in general, show the following picture: the average annual level is 142 criminal offenses, the share in the structure of crime among prisoners is 29 %, but without taking into account the latency factor. Taking into account the latent part of crime in penitentiary institutions, especially drug-related crimes, violent sex crimes, criminal offenses against health and property, the real share of criminal radicalism among prisoners is about 10 %. There is a tendency for positive growth.

To a criminological analysis of justification, recognition as legitimate or denial of armed aggression of the Russian Federation and glorification of its participants as a new challenge to the security of the information space of Ukraine

The article attempts to research and give a criminological assessment of the recently criminalized phenomenon of justification, recognition or denial of armed aggression of the Russian Federation and glorification of its participants (Article 4362 of the Criminal Code of Ukraine), which is new for the legal field of Ukraine. It is proven that such actions of the perpetrators are a serious challenge to the security of the country's information space, especially in the conditions of the active phase of the Ukrainian people's resistance to Russian aggression. In addition, a forecast was made regarding the future state of this dangerous phenomenon.

CRIMINOLOGY RESEARCH OF THE INFLUENCE OF INTERNET CONTENT ON INTERPERSONAL COMMUNICATION AND BEHAVIOR OF MINORS

The article examines the influence of the Internet on the child's development, behavior and interpersonal communication. The relevance of this problem lies in the search for a balanced and responsible use of information resources. The information field has a constructive effect on the cognitive, motivational and emotional sphere of the minor. The conducted criminological analysis made it possible to single out the main forms of destructive influence of the network on minors, which lead to: commission of offenses, popularization and adaptation of negative and dangerous behavior patterns (cyberbullying, trolling, cybergrooming, sexting, train surfing, rough riding); justifying and encouraging the use of profanity; formation of internet addiction; suicide or victimization. Prophylactic measures in the information sphere are proposed, which are based on the formation of media literacy in the juvenile environment. These measures will contribute to the development of children's conscious attitude to information; formation of acceptable communication skills; achieving goals in real life; will increase the level of sociability, self-esteem and stress resistance in children. Preventive measures should be the basis of information security and acceptable development of the young generation.

Cultural spotlight to the stage of criminology: a bibliometric brief on cultural criminology

In the last two decades, cultural criminology has developed a unique viewpoint on criminal behaviour and law. Cultural criminology is a subfield of criminology that focuses on how dynamics of meaning underpin every process in criminal justice, including the very definition of crime. In other words, the goal of cultural criminology is to comprehend crime within the context of culture and cultural processes. This particular form of criminological analysis evaluates the convergence of cultural and criminal processes by interweaving a diverse array of perspectives that share a sensitivity to image, meaning, and representation. In addition, the discipline of cultural criminology is developing new methods that represent particular theoretical perspectives and connect with the distinctive elements of contemporary social and cultural life. The lightning-fast pace of contemporary crime and culture has opened up new ethnographic research opportunities for cultural criminologists. Bibliometric analysis is a common and rigorous technique for examining and analyzing vast scientific data, which enables the dissection of the evolutionary nuances of a specific field and the illumination of its emerging areas. In order to identify the nature and the distribution of the literature on cultural criminology, the paper aims to determine the number of publications, the intellectual structure, and the key concepts of cultural criminology via a bibliometric analysis, using VOSviewer software.

Criminalistic and criminological analysis of the Thomas Restobar case in Peru in the context of sanitary measures by COVID-19: A case study

Background: The aim of this study was to collect and analyze the experiences in regard to the application of criminalistic and criminological protocols and procedures, which were used to carry out the intervention in the premises of Thomas Restobar in Peru, in the context of the declaration of sanitary measures to control COVID 19. This police intervention resulted in the death of 13 people. Methods: For the collection of information, we used the focus group technique, for which a script was designed and validated by five experts, considering six major subcategories: C1SC1: Joint investigation and prosecution work, C1SC2: Protocols and guidelines, C1SC3: Chain of custody (police, experts, and prosecutor), C1SC4: Quality of results; C2SC1: Participation of agents of Thomas Restobar and the municipality, C2SC2: Compliance with DIGESA-DIRIS health regulations. The study was approved by the Institutional Research Ethics Committee of the Universidad Norbert Wiener, with approval file N°864-2021. Results: From the criminological analysis it became evident that the deficiencies identified in the six structured subcategories have led to the tragic death of thirteen people from asphyxiation. The people who attended this bar did not comply with the sanitary norms, exposing the health and life of their relatives and other people. The security agents of the premises and of the Municipality of Los Olivos did not comply with the norms of supervision and control, which finally led to the unfortunate death of 13 people from asphyxiation, closely related to the case of Utopia, in 2002. Conclusions: When evaluated by the experts of the focus group, it has generated two emerging categories: creation of a School of Experts and the categorization of the experience, which would prevent cases like Utopia and Thomas Restobar from happening again.

A criminological analysis of proceeds of crime legislation in three Australian states

In recent decades, Australian states and territories have introduced a raft of legislation aimed at stripping those involved in criminal activity of their ill-gotten gains. This contribution reports on a study into proceeds of crime legislation in three Australian jurisdictions: New South Wales, Western Australia and Queensland. Based on a document analysis and 40 interviews, we focus on the broader criminological aspects of how and why proceeds of crime legislation was introduced and how the legislation is experienced by those who work with it / are impacted by it. We then discuss the political attractiveness of such legislation in a broader law and order framework, despite its apparent limited success in achieving its stated goals.

Crime Series of Modern Russia: a Criminological Analysis

The authors provide a criminological view on series about criminals and those who should counteract them, which are broadcast in primetime and continue to be popular for a long time after their premiers. From the culturological standpoint, crime series in new Russia demonstrate an evident degradation, manifested in the glorification of those whom Fyodr M. Dostoyevsky called «murderers and prostitutes». The unceremonious crossing of the «red line» of moral prohibitions is highly meaningful - it represents the ideology of nihilism, permissiveness, and dehumanization of a person. A typical feature of Russian crime series is copying the West, and propaganda of Western club culture that is unimaginable without drugs. It is persistently impressed upon the viewers that drug-dealing business is protected by corrupt law enforcement officers. Crime series are often either explicitly or implicitly aimed at creating a negative image of law enforcement agencies: police officers do not only «protect» the business, but commit intentional crimes; prosecutors, as a rule, have close links with criminals, and customs officers - with smugglers. The negative picture presented by the series is aggravated by numerous legal blunders. Endless distortions of Russian legislation together with a typical readiness of servants of the law to violate it give some people the idea that vigilante justice and righteous revenge are admissible. The relative number of people sympathizing with the idea of vigilante justice is high and rather stable. It is an obvious symptom of the pathology of social organism indicating that the processes of the de-organization of legitimate power are under way. Some scholars assess such processes positively in their research, as manifestations of legal pluralism and community justice. It is an attempt to legalize the archaic forms of resolving conflicts in society. Modern experience of the break-up of states shows that when the state ceases to be the regulator of certain spheres of public life, its place is eventually taken by criminals. It is only possible to counteract this by strengthening the state power on the constitutional basis.

Technical-legal aspects of the normative consolidation of the signs of the objective side of the crime provided for in Article 238.1 of the Criminal Code of the Russian Federation

The article analyzes the peculiarities of the regulation of criminal liability for the circulation of falsified, substandard and unregistered medicines, medical devices and the turnover of falsified biologically active additives (Article 238.1 of the Criminal Code of the Russian Federation). First of all, the author highlights violations of the general rules of legislative technique, which provide for compliance with the requirements of saving regulatory material, the use of similar terms in the construction of homogeneous compositions of crimes, etc. The author notes that it is necessary to normalize the level of punishability of single-order elements of crimes enshrined in Articles 235.1 and 238.1 of the Criminal Code of the Russian Federation by simultaneously indicating the large size of the acts committed in these criminal law prohibitions. The article notes the need for additional criminological analysis of other possible illegal actions with falsified, substandard or unregistered medicines, medical products and biologically active additives, such as - purchase, storage, transportation. The author also offers various options for interpreting the signs of the objective side, such as production and marketing, examines the features and controversial aspects of the qualification of an unfinished crime, explores the issues of excluding criminal liability in the manufacture of medicines and medical devices in the process of conducting clinical trials and research, and carrying out export operations.

Research on the Contribution of Zemiology to the Understanding of Global Crime and Insecurity

With the development of human civilization and democracy, the subject of crime has developed from individuals to groups, from people to enterprises. As a vital social participant, the possibility of state crime is often ignored. It is worth noting that once the state commits crimes, the scope of social influence and harms are far beyond the mainstream individual crimes. Therefore, recently, state crime has also become an important research object of global crime and insecurity. Unfortunately, criminological analysis is too conservative to analyze it, while zemiology, which uses a broader social harm analysis structure, makes up for its deficiency. This paper will take the state crimes in Hurricane Katrina 2005 as the example, study it through Criminology and Zemiology, specifically compare the two approaches, and then summarize the advanced feature in Zemiology, so as to provide a fresh and positive direction for the research of global crime and insecurity.

The Long Arm Of Welfare Retrenchment: How New Right Socio-Economic Policies In The 1980s Affected Contact With The Criminal Justice System In Adulthood

Abstract The socio-economic policies of the British ‘New Right’ administrations have been associated with increases in crime using aggregate data. This paper assesses if the trend remains when we test individual-level relationships using two British cohort studies (the National Child Development Study 1958 and the British Cohort Study 1970). Our results point to a set of long-term ‘period effects’ in which those reliant on the welfare state at specific time-points in the 1980 and 1990s (regardless of their age) were more likely to be drawn into the criminal justice system in adulthood (circa 2000). This paper considers (i) how British ‘New Right’ welfare policies may have had unintended, but lasting consequences for individuals in receipt of social security assistance and (ii) the interplay between micro and macro criminological analysis.

Coal Criminals: Crimes of the Powerful, Extractivism and Historical Harm in the Global South

AbstractThis article provides a criminological analysis of the extraction, consumption, and disposal of coal in the Caribbean and the global south. It looks at how the transnational corporation Applied Energy System (AES) and its 454-megawatt coal-fired electric power plant in Puerto Rico has manufactured a transnational network of environmental harm and violence. The paper aims to demonstrate how coloniality, law, and state-corporate deviance enable the coal sector- a habitual environmental offender- to engage in systemic harm across different jurisdictions and states of the global south. To do so, we engage with the work of scholars in the green criminology (treadmill of production), state-corporate crimes (crimes of development), and crimes of the powerful (Ecocide and Carbon Criminal) traditions. Furthermore, this article briefly describes the stories of resistance taking place in Puerto Rico. In doing so, the article describes the criminogenic practices behind this fossil fuel industry, and how it has taken advantage of colonial practices, thus enhancing the historical harm manufactured by modernity and replicated within the neoliberal economy.

‘People are Trapped in History and History is Trapped Inside Them’: Exploring Britain’s Racialized Colonial Legacies in Criminological Research

AbstractIn this paper, we advocate identifying the colonizing logics of race in criminological analysis, in recognition of their enduring postcolonial presence in societies like the United Kingdom. Our argument unfolds through the life stories narrated by three men entangled by colonial remnants of power(lessness), subservience, and criminalization. For Cairo (black) and Rafan (Asian), their subalternity is exposed through their vulnerability to racialized stereotypes which have a foundation in colonial histories. Both young minority ethnic men are also situated in a transnational, glocalized frame in which their racialized and gendered identities prescribed the nature of their belonging to a British nation-state irrevocably connected to the Empire. Our reflections on a third narrative interview of Barry reveal the dividends of whiteness, simultaneously occluded, disavowed, and yet wilfully upheld, but in a competitive and exclusive form of belonging. In the articulation and analysis of these stories of crime and order, we mine styles of reasoning from postcolonial theory, sociology, history, and philosophy to embolden a postcolonial criminology.

Towards a criminology of public inquiries: From cautious optimism to contestation in the Brook House Inquiry

Although UK public inquiries garner huge amounts of public attention, there have been few systematic studies of their role in scrutinising and reforming criminal justice policy and practice. This is despite a growing number of inquiries, held under the Inquiries Act 2005, into critical matters relating to policing, justice and home affairs. This article explores the contested nature of statutory inquiries as mechanisms for accountability and opportunity for policy reform. We suggest that inquiries provide fertile grounds for criminological analysis, if we understand them as sites of contestation where political priorities compete over questions of procedure, scope and participation. Our focus is on the Brook House Inquiry into the mistreatment of detainees in a British immigration removal centre. The analysis shows a tension between the public-facing nature of inquiries and their legalistic processes.

Criminological analysis of the protection of the territorial integrity of Ukraine

The State is always unique in its activities and its protection, and for each State to be recognized, its integrity should always be respected — and under no circumstance the territorial integrity of a State should be tampered with. To this end, it becomes the responsibility of the State to ensure that those who criminally affect the territorial integrity should be prosecuted accordingly. Even with this principle put in place, the territorial integrity of the State is always threatened, thus affecting the real essence of the State being that of protecting State sovereignty. This article enunciates that the territorial integrity of every State should always be respected, regardless of the circumstances, and those who disrespect this should be criminally liable. In this question, there will be the essence of analytical research methodology, which will be to ascertain the criminal aspect of the protection of the territorial integrity of Ukraine. From the above methodology, one can say that there are continuous violations of the territorial integrity of Ukraine through the various crimes committed. It is for this reason that something needs to be done in preserving the territorial integrity of the State of Ukraine.

Sources of information and analytical activity

Due to the imposition of state of war in Ukraine on February 24, 2022 after the beginning of the armed attack of the Russian Federation, the criminal situation in Ukraine has worsened, as is evidenced by some increase in the number of crimes committed and public danger. To form an effective system for combating crime, it is necessary to study and conduct a criminological analysis of the state of crime at the present stage of development of Ukrainian society.
 In addition, the intense dynamics of growth of social processes generates huge uncontrolled, contradictory flows of information that require appropriate research, analysis, control, which cannot be done without an effective modern analytical technologies.
 In order to successfully solve the tasks related to improving the effectiveness of the fight against crime, it is necessary that anti-crime authorities have comprehensive, accurate and timely information on the status, structure, dynamics of crime and other anti-social manifestations, the circumstances that contribute to their fight against crimes of various categories.
 Within the limits of their powers, criminal police units receive a sufficient amount of information about criminal activity, in particular, about representatives of organized crime.
 For law enforcement, large amounts of information that always mean quality efficiency. Law enforcement agencies usually have a surplus of information, and they need to process it in such a way that it facilitates procedural decisions, increases efficiency, allows to develop strategic directions of their activities.
 In this regard, an important task is to use tools that would produce significant amounts of available data. One of such tools in the activities of operational units of the National Police of Ukraine is criminal analysis - a specific type of information-analytical activity, which consists in identifying and determining as accurately as possible internal links between information (information, data) related to criminal offenses and others data obtained from various sources, their use in favor of operational and investigative and investigative activities, their analytical support.
 The purpose of criminal analysis is to find important information in a large flow of data and to disseminate this information among law enforcement officers to assist them in stopping criminal activity and apprehending criminals.
 In today's world, criminal analysis, as a separate type of professional activity, is carried out by law enforcement agencies of most developed countries and is an essential component of tasks to achieve long-term goals, prioritize and general direction of law enforcement.