Criminology Research Articles

Evaluation of Current Investigations and Future Directions in White-Collar Crime

Background: White-collar crime refers to illegal activities that individuals or organizations commit during business or professional activities. These crimes are often financially motivated and include embezzlement, fraud, bribery, money laundering, and insider trading. White-collar crime can have significant consequences for individuals, organizations, and society. Objectives: The objectives of research on white-collar crime may include understanding the motivations and behaviors of those who engage in such activities and identifying the organizational and societal factors. That contributes to the prevalence of white-collar crime and the development of new methods for detecting and preventing white-collar crime. Method: This review highlights and assesses recent (primarily during the past decade) contributions to white-collar crime theory, new evidence regarding the sentencing and punishment of white-collar offenders, and controversies surrounding crime prevention and control policies. Several promising new directions for white-collar crime research are identified, as are methodological and data deficiencies that limit progress. Results: The results of a study on white-collar crime can vary depending on the specific research question and methods used. However, some common findings include the prevalence of certain types of white-collar crime, the characteristics of individuals and organizations that are most likely to engage in such activities, and the impact of white-collar crime on individuals, organizations, and society as a whole. Conclusion: The research conclusion on white-collar crime may summarize the main findings, highlight the implications of the research, and make recommendations for future research. Evaluation of Current Investigations and Future Directions: Current investigations on white-collar crime have greatly improved our understanding of white-collar offenders' motivations, behaviors and methods. However, there are still areas that need further exploration, such as the study of the psychological profiles of white-collar offenders, the impact of technology on white-collar crime and its detection, and the examination of the role of organizational culture in the commission of the white-collar crime. It is also crucial to focus on the development of effective interventions and policies to prevent white-collar crime from happening. Future research may also consider the global and cross-cultural dimensions of white-collar crime.

Self-Control and Curiosity: Has Curiosity Been an Overlooked Concept in the Crime/Deviance Decision-Making Process?

ABSTRACT We conducted an empirical test of Gottfredson and Hirschi’s, 1990 A General Theory of Crime in this exploratory study to introduce the concept of curiosity to criminological theory. Specifically, we tested whether self-control was significantly associated with curiosity and whether curiosity significantly predicted a crime/deviance index beyond the effects of self-control. An original eight item curiosity scale was created that measured both an attitudinal curiosity dimension and a behavioral curiosity component and compared the ability of this new measure with the capability of the most commonly used self-control scale in predicting a crime/deviance index. Data was derived from a convenience sample of college students. As theoretically predicted, self-control was significantly correlated with curiosity, and the curiosity scale significantly predicted the crime/deviance index, beyond the effects of the self-control scale. More conservative tests demonstrated that curiosity also significantly predicted involvement in more specific illegal/deviance measures, including those involving somewhat serious delinquent/criminal conduct. The findings led us to conclude that curiosity may be another additional cause of crime/deviance beyond the effects of self-control, curiosity explains more than just involvement in exploratory types of illegal/deviant behavior, and that curiosity has been an overlooked concept in the crime/deviance decision-making process.

Cruelty against Leniency: The Case of Imperial Zoroastrian Criminal Law

The article examines the impact of Zoroastrianism on criminal law and legal theory during the reign of the Sasanian dynasty (224–651 C.E) in late Antique Persia. This was the historic period when Zoroastrianism was also the ideology of the Iranian state, which granted the Zoroastrian church extraordinary power and influence, a unique situation which is termed by the author as ‘imperial Zoroastrianism’. The first part of the paper examines how imperial Zoroastrianism evolved from previous understanding of religion and law. The second part of the paper scrutinises the Zoroastrian understanding of wrong in the light of eschatology and cosmology, and the ethical principles that follow from this very particular world view. Next, an individual section is devoted to the criminal theory of Zoroastrianism, which regards criminal punishment not as a punishment but as a means to save the soul of the offender from sufferings in Hell. With such an underlying principle in mind, the text looks for examples of cruelty and leniency in substantive criminal law and criminal procedure. This main body of the article examines contemporary legal sources and apocalyptic works. Finally, a comparison of Hindu and Islamic criminal legal theory follows the description of the Zoroastrian criminal law, highlighting astonishing similarities. Considering the results of both the analytic and the comparative methods, the author comes to the conclusion that it is not religion in itself that suppresses crimes, but rather their eschatology and cosmology: religions that are based on divine justice are less lenient toward crimes and offenders than religions in which alternative concepts like divine grace or non-violence are also operative.

Kriminalisasi Homoseksual Sebagai Tindak Pidana

This study discusses the criminalization of homosexuality as a crime. This research is motivated by cases of homosexuality which are increasingly being discussed in Indonesia until now homosexuals have the courage to demonstrate their deviations from their sexual orientation in public. This study focuses on the problem of how moral determination is in criminal law and whether homosexuality committed by adults can be used as a crime. This research method is qualitative. The results of the study show that there is a very close relationship between morals and criminal law, therefore the basis of morality in criminal law is an important issue. In determining criminal acts, the moral system must be considered. Even though there is no obligation, the morality of society must at least be paid close attention to by the state when determining an act as a crime. Based on the moral theory, the policy of criminalizing homosexual acts fulfills the criteria of criminalization, that is, the act is immoral and harmful to individuals and society. Homosexual acts committed by same-sex couples need to be made criminal acts, first: Juridical basis, based on Law Number 11 of 2012, Pancasila and several articles in the NRI Constitution and finally Article 1 paragraph (1) of the Criminal Code which regulates the principle of legality. Second: philosophical basis, it is realized that the criminalization of homosexual acts against homosexual acts committed by same-sex couples meets the general criteria for criminalization which is supported by forms of criminalization theory: moral theory, Feinberg theory and paternalism theory. Third: sociological basis, homosexual acts of the same sex as an act that is not in line with the soul, nation, the reaction of the community that rejects homosexual activity, and is not in line with the style of customary law society.

Modern Rule-Making as the Basis for the Formation of a New Theory of Criminalization

Modern society is undergoing a period of transformation that affects all fundamental spheres, including the sphere of criminal policy and criminal law. The state of instability and uncertainty of social development is reflected, among other things, in the fact that the practice of current rule-making in the field of constructing criminal law prohibitions often demonstrates a clear contradiction to the rules and principles of criminalization that have developed in the domestic legal doctrine at the turn of the 20th and 21st centuries. This phenomenon receives a predominantly negative assessment in the scientific literature. Without denying the substantive criticism, at the same time, it is necessary to raise the question that the steady nature of deviations from the usual standard rules of criminalization indicates the gradual formation of a new theory of criminalization, the contours and content of which have not yet been recognized by science to the proper extent. Based on the study of the materials of the legislative process, the authors substantiate the idea that the modern practice of criminalization is based on a coherent system of doctrinal ideas that go back to the theory of psychological coercion of criminal punishment, the theory of criminal education of the individual, the theory of legal moralism, the theory of preventive criminalization and the theory of social constructivism. In their unique configuration, these theoretical concepts constitute a coherent doctrine that allows for the free, unrestricted construction of criminal law prohibitions in order to ensure the safety of the process of social transformation from any minimum possible and potential threats. It is possible to achieve that by means of the formation and maintenance through the threat of criminal punishment of the necessary moral status of individuals and the moral solidarity of society based on the values that are meaning-forming actors of social transformation.

Prognose do risco e previsibilidade do resultado: uma análise a partir do julgado no AgRg-REsp 1.094.758

The scope of this article is to analyze, from the case decided in RE 1.094.758, the institute of predictability in the theory of crime. First, the factual details of the res judicata are presented, which generated an indictment for bodily injuries qualified by the death of the victim, and then we move on to the presentation of how the different instances of the Judiciary decided, as well as the reasons for deciding. Next, the specific grounds for the decision are analyzed in order to clarify whether the finding of the unpredictability of a factual element closes the question of risk prognosis. Thereby, it is reflected on the minimum criteria for the analysis of predictability and the arguments contained in the decision that defined the outcome of the case analyzed are scrutinized. At the end, it is also analyzed whether a special condition of the victim not knowable to the agent could be considered in the risk prognosis and whether the analyzed judge could resolve the case by the absence of devaluation of result. It is concluded that the analyzed judgment did not fully analyze the issue of predictability of the result, because the impossibility of predicting that the victim had a disease does not necessarily equate to the conclusion that the outcome was unpredictable.

Combate penal às fake news? Sobre a relação da teoria da criminalização com a verdade

Given the unsatisfactory state of the debate on the relationship between criminalization theory and truth, this paper aims to discuss the limits of its criminal protection. To this end, the two different forms of protection, direct and indirect, are analyzed, and their problems, limits, and specificities are considered and discussed. In this context, a brief exploration of the current state of Criminalization Theory is also promoted, debating the insufficiency of considerations exclusively guided by the theory of legal good and the insertion of so-called deontological barriers in this theoretical framework. Ultimately, it is concluded that the direct criminal protection of truth will always be illegitimate because it violates what has been called the deontological truth barrier, while its indirect criminal protection will only be legitimate in cases where an untruth poses at least a concrete danger to other protected legal good.

Evidence of Theories of Male Criminality in China, Canada and Nigeria

Evidence of Theories of Male Criminality in China, Canada and Nigeria

Criminal Law as Integrity

In recent literature, material theories of criminalization, such as the Rechtsgutslehre, are often criticized as undemocratic. The article shows that this critique is based on a simplistic majority model of democracy. Using human dignity-oriented (deliberative) counter-models, in particular Ronald Dworkin’s integrity concept of democracy, the paper explains how the Rechtsgutslehre can be defended and further developed in a liberal democracy.

Criminal Behaviour in the Context of Various Criminal Theories

Criminal activity has been in society for as much as there has been mankind. Socioeconomic and sociocultural criminogenic factors both contribute to crime. The research of subcultures frequently replaces the study of criminals as a social type. The research on crime and the study of conduct are not synonymous. Attempts to discover the basic differences between crime and non-crime, considered as behavior, and between criminals and non-criminals, considered as different types of individuals, have yielded evidence that seems to undermine the very assumption upon which such attempts have been founded. The belief that there is a fundamental distinction between criminal and non-criminal activity is dubious.The majority of crimes go unreported and unrecorded. Any sample of presumed non-criminals is questionable due to research on self-reported offenses accessible to public and private groups but not the police, white collar crime, and factors connected to differential reported crime.The percentages are comparatively high for lower middle class, minority group, youthful, male, itinerant, and urban populations for the majority of offending categories. It is debatable if variances in behavior among various groups of individuals account for discrepancies in crime rates. Criminology may look into whether laws penalize actions that are typical of those with less authority but not those with more power. People progressively pick up the fundamentals of illegal behavior and disdain the law more and more. When someone is officially assigned to a certain delinquent stigma, they start to identify with the appropriate social group and act accordingly. The qualitative research methodology has been applied tothe following article.

보증인지위와 적극적·소극적 의무 개념 - 의무범 이론과의 연계성을 중심으로 -

본고의 주된 테마는 의무범 이론과의 연계성을 중심으로 한 보증인 지위와 공동의무의 개념 구성을 위한 전제로서의 적극적 의무, 소극적 의무 개념이다. 그리고 관련되는 문제로서 부작위 공동정범 및 과실범 공동정범과의 관계를 다루어보는 것이었다. 일단 부작위 경합시의 공 동정범이 성립되는 전제로서의 개념들에 대해 중점적으로 다루어 보았 다. 부작위 가담자에게 부작위 공동정범이 성립하지 않는다면 부작위 각 각 정범이 될 수도 있고, 부작위 방조범이 성립될 수도 있을 것이다. 공동정범(Mittäterschaft)과 동시범(Nebentäterschaft) 논의도 해 보았다. 부작위 상호간 논의를 위해 의무범과 행위지배 개념 등을 살 펴보고, 지배범 개념에 행위지배가 있다면 의무범은 이러한 행위지배 개념이 어떠한 형태로 나타나는지 등을 연관시켜 논의하였다. 적극적 의무개념과 관련하여서는 다른 사람의 법익을 보호하기 위해 서 적극적으로 무엇인가를 해야 할 의무를 간혹 부여해야 할 경우도 있다. 우리 사회가 잘 작동하기 위해서는 일정한 보증인에게는 그러한 의무를 부여할 수도 있을 것이다. 소극적 의무만으로는 부족한 부분이 없지 않을 것이다. 예컨대 부작위범에서는 어머니 아버지가 어린 자녀 한테 해를 끼치는 것은 아니지만 무언가를 적극적으로 해 주어야 되 고, 구조해야 할 의무가 있다. 다른 사람의 법익을 침해하지는 않았음에도 불구하고 어린 자녀의 법익을 보호할 어떤 적극적인 의무가 추가되는데, 이것을 적극적 의무 라고 한다. 적극적 의무가 요구되는 이유는 우리는 타인과 더불어 공 동체를 이루고 살고 있기 때문이다. 그러한 공동체 사회에서는, 더불 어 함께 잘 살고자 하면, 일정한 경우 적극적으로 남의 법익을 보호해 줄 법익보호의무도 있을 수 있을 것이다. 적극적 의무를 통해 세상을 좀 더 의미 있게 구성하는 데 일조할 여지가 있을 것인바, 소극적으로 남의 가치를 침해하지 않는 것도 충분하지 않은 것만은 아니지만, 개인이 굳이 잘못한 것은 없더라도 타인을 위해서 적극적으로 무언가 해 야 할 의무가 어느 정도는 부과될 수도 있을 것이다. 그러한 적극적인 의무부과의 예로서 사마리아인법을 들 수 있으며, 사마리아인법보다는 좀 더 법적의무 부과의 근거가 존재하는 규범이 ‘부작위범에 대한 처 벌’이 될 것이다. 왜냐하면 부작위범 처벌은 보증인의무가 있는 사람 만을 대상으로 하기 때문이다.

Implementasi Hukum Penerapan Pidana Tambahan Bagi Penggedar Narkotika Golongan I (Studi Wilayah PN. Lubuk Pakam)

This study aims first to find out the form of the relationship between Police Investigators and Public Prosecutors and Judges in law enforcement of narcotics illicit trafficking and to know the urgency of applying additional punishment for class I narcotics dealers in the perspective of sentencing theory. This type of research is empirical juridical. This type of research is used because the research is directly related to the community to be studied. This type of research was carried out by analyzing data and interviews, then analyzed qualitatively. The first result of the research is that the relationship between Police Investigators and Public Prosecutors and Judges is an integral part of the Indonesian criminal justice system. The second result, that the application of additional punishment for class I narcotics traffickers aims to provide legal certainty in the perspective of criminal theory as well as provide benefits to the state such as confiscation of the assets of the accused which will become state property and can be utilized by the state for the benefit of the wider community. In addition, the announcement of the judge's decision in the mass media, for example, will have a preventive effect on the public not to commit crimes of narcotics distribution. The third result, is an additional form of punishment that is in accordance with the Indonesian penal system that can be applied to class I drug dealers, namely the confiscation of certain goods and the announcement of a judge's decision as a form of additional criminal application

Terrorism-Related Topic In The Language Of Fake News In Indonesia

he discussion on the relations between terrorism and social media mainly focuses on social media's role in spreading the terrorism ideology and recruiting the member of the terrorist group. However, social media has also become means to share fake news related to terrorism. Considering the relationship between fake news and terrorism, the primary purpose of this study is to examine the content, language used, and emotion of fake news about terrorism in Indonesia. It also reveal what kind of language used in fake news to manipulate the public and what emotions it appeals to. We analyzed fake news about terrorism in Indonesia using quantitative text analysis methods, such as sentiment analysis and dictionary-based analysis methods with R statistical software. We created two dictionaries covering the religious and violence words, and fake news was examined under these two dictionaries. For reliability, we applied the "Split-half test" to the results and we reached similar results. This study shows that ISIS, Aceh, and terrorist action in Sulawesi are three dominant topics in fake news. Second, the language on fake news is mostly about terrorism and violence to create fear in society. Third, violence and religious language are equal in the language of misleading content. We interpreted the results obtained with the traditional fear of crime theory. We then discussed the major results of this research and made effort to explain reasons behind our research results. The study has a limitation because of the small number of fake news. Future studies may overcome this limitation by selecting multiple countries as cases or increasing the date range of fake news. The dictionary-based method we used in this study is relatively new for the literature and provides the opportunity to analyze fake news content effectively. Our results using the Dictionary-based method can provide valuable clues for policymakers in the counter-terrorism field.

Importance of anti-money laundering regulations among prosumers for a cybersecure decentralized finance

This study displays the importance of anti-money laundering (AML) regulations among prosumers in decentralized finance (DeFi) in establishing cybersecurity. With a game theory model based on an integrated framework of crime theories, we find that beneficial claims of financial inclusivity and pseudonymity of permissionless DeFi come with a cost of vulnerability to cyberattacks due to its incompliance with AML regulations among prosumers. In contrast, cyberattackers can be deterred from attacking AML-compliant permissioned DeFi. These results have important implications for trust as a construct within the context of blockchain-based sharing economy and institutional roles played by decentralized governance and smart contract auditors in creating a “trustless” state-space without forfeiting cybersecurity of a blockchain-based sharing economy. We also provide cybersecurity policy suggestions for permissionless DeFi without sacrificing its decentralized nature.

The economic theory of crime: the history and presence of criminal thought in economic science and its gaps

La criminalidad es un tema de investigación históricamente reciente en la economía. Comienza a ganar notoriedad a partir de la Teoría Económica del Delito, desarrollada por Gary Becker a finales de los años 60 y hasta el día de hoy el narcotráfico es una preocupación persistente entre todas las naciones del globo. Dada la importancia del tema, esta nota de investigación pretende desentrañar los orígenes de la Teoría Económica del Delito, así como evaluar su relevancia para el fenómeno actual. Los resultados preliminares muestran que la perspectiva económica ortodoxa es insuficiente para explicar la dinámica del narcotráfico, ya que los actores involucrados en el fenómeno pueden verse influidos por cuestiones políticas y socioeconómicas, no solo por decisiones racionales.

Violations of Emergent Norms Regarding COVID-19 Mitigation and Social Hygiene: An Application of Agnew’s General Theory of Crime

This study examines self-reported violations of emergent norms and regulations regarding COVID-19 mitigation and social hygiene practices among a sample of high school students randomly selected from public schools in Rasht, Iran. The study seeks to explain these COVID-19 ordinance violations through the application of Agnew’s general integrated theory of crime. Findings demonstrate that life domains, motivations, and constraints have a direct effect on COVID-19 misbehavior. Moreover, life domains have an indirect effect on COVID-19 misbehavior through both constraints and motivations. Finally, the relationship between motivations and COVID-19 misbehavior is moderated by the peers domain, whereas the relationship between constraints and COVID-19 misbehavior is moderated by the family domain and school domain.

Convicts: A Global History by Clare Anderson

Visitors to the Breton city of Brest can take the téléphérique from the edge of the city center across the Penfeld River to an arts complex housed in the old arsenal buildings high on the opposite bank. This cable car offers an unparalleled view of what was a huge penal-military-industrial complex, a set of docks and quays for the French navy, built largely by the labor of convicts incarcerated in the city’s riverside bagne—one of France’s largest prisons—and its galleys. When the prison was shut in 1858 for being too soft on its inmates, convicts were shipped across the oceans, under a law passed in 1854, to penal colonies in French Guiana and, after 1864, New Caledonia, where they cleared land, farmed, and built more infrastructure for the French empire. As Anderson’s new book demonstrates, the sorts of connections between empire, penal regimes, and labor revealed by convicts’ mobile lives give a different cast to both the history of punishment and global histories of imperial power and knowledge.Convicts is a history of “penal mobility” in two ways (7). First, it offers a comparative account of punishment practices across five centuries in not only all of the Western European empires, but also the newly-independent Latin American states, Russia, China, and Japan. This establishes the geographies (including some very useful maps) and demographics of the movement of convicts in each case, and then uses the similarities and differences between these examples to examine changing practices. This remarkable breadth of vision is achieved through original archival research, primarily on the British and French examples, and by drawing on and synthesizing the fruits of Anderson’s extensive and long-standing collaborative work on different convict labor systems within the European Union–funded “Carceral Archipelago” project (2013–2018).Second, this book contributes to our understanding of global history because penal mobility itself was global. European empires moved convicts (including rebels and political exiles, as well as those convicted of criminal activity) across the world from metropole to colony, from colony to colony (often in surprising ways), and sometimes from colony to metropole. For nation-states, such as Japan, Argentina, or Brazil, that used convict labor within, or more usually at, their borders, convict mobility was shaped by a globally networked discussion on the practice convened in print, government reports, and through penal tours and International Penitentiary Congresses held from 1872 onwards.Anderson’s aim and achievement in writing this volume is significantly to rewrite histories of punishment that have focused on incarceration, immobility, and the prison and, at the same time, to insert convicts into global labor history and the history of migration, from which they have been missing. Each of these are interdisciplinary concerns, and Anderson’s approach is shaped by and contributes to two key cross-disciplinary frameworks that have oriented studies of global history for at least the last thirty years—empire and knowledge. Part I of the book examines in detail how empires and states used convict labor (often alongside or instead of other forms of coerced labor) to secure territories and borderlands, to clear forests and transform other environments, to settle and farm, and to build crucial infrastructure. Part II shows how knowledge of the convict system itself was generated and circulated, but also that convicts were part of the production and circulation of global forms of knowledge about bodies, nature, and society, particularly in the nineteenth century.Convicts were involved in exploration and natural history at the margins of empire, but also in studies that used new techniques of bodily measurement and social science to test theories of medicine, criminality and race, and of changing social structures. While these are histories of power and control, Anderson is constantly alert to the ways in which convicts resisted, subverted, and moved against authority in order to make their own lives where they could and to produce, reproduce, and circulate radical and subversive political ideas.Overall, Convicts: A Global History is a remarkable achievement, a work of global history based on many years of research that restores a subaltern group to its place in the world through both a panoramic overview and the tracing of individual lives lived in extremis.

Regimes of Extreme Permission in Southeast Asia: Theorizing State-Corporate Crime in the Global South

AbstractCorporations’ profit-making objectives are a central force guiding development strategies in the Global South but contradictorily can be blamed for a range of social and environmental harms. This article brings a state-corporate crime lens to bear on the economic and political processes that shape Global South-located commodity production. It seeks to understand the functioning of neo-imperialist profiteering through elaborating the concept of regimes of extreme permission, described as modalities of ‘intense’ accumulation, defined by weaker or unstable forms of hegemony consolidation, illegal/illicit practices, state-sanctioned violence and various socio-environmental degradations. Through analyses of two regimes of extreme permission in the SE Asian context—Indonesian palm oil plantations and Export Processing Zones for garment production in the Greater Mekong Subregion—the paper describes the role of states and corporations in constructing the repressive socio-political space required for neo-colonial corporate accumulation. We contribute to ‘Southernizing’ criminology by re-articulating state-corporate crime theory within imperialist contexts. It also shows that neo-colonialism can be understood as the de-regulation of corporate accumulation.

A case study of state-corporate crime: Crown Resorts

ABSTRACT The concept of state-corporate crime has emerged in criminological discourse to explain the nexus of political and economic decision-making by states and corporations, and the ways this cooperation can have socially injurious impacts (Michalowski, R. J., & Kramer, R. C. [2006]. The critique of power. In R. J. Michalowski & R. C. Kramer (Eds.), State-corporate crime. New Brunswick: Rutgers, p. 15). This ‘cooperation’ can include corporations engaging in illegality with the tacit approval of state organisations, states failing to prevent crime, and even states colluding with corporate illegality. In this article, we use state-corporate crime theory to situate the recent wrongdoing at Crown Resorts (henceforth ‘Crown’). We explain how this wrongdoing emerged within a politico-economic environment of neo-liberalism, particularly through the recent deregulation of casinos in New South Wales (NSW). We argue that the organisational decisions within Crown that breached laws and caused harms are best understood as a case of state-corporate crime.

Criminological Aspects of Residivis in use Narcotics

The purpose of this study is to find out and analyze the criminological factors behind recidivists in narcotics use in Gorontalo Province and to find out how. The type of research used is empirical research, using primary and secondary data sources. Using data clotting techniques with observation methods, interview methods, and documentation methods. Then the data is analyzed descriptively or provides an overview or exposure to the subject and object of study as the results of the research carried out. The results showed criminological factors behind recidivist use in narcotics use in Gorontalo Province when viewed from the Differentia Associationtheory, namely environmental/social factors causing a person to commit criminal acts repeatedly. The bad stigma that arises from the society of ex-convicts makes these ex-convicts feel excluded explained based on label theory, imitation theory is the result of imitation of crimes that occur in their environment, self-defense theory is health caused by weak self-defense against their poor environment as drug users, Criminoloids theory of crimes caused by lust.