COMPARTV CRIM JUST - Exam 1 - Ch 1, 2, 3

Establishing Points of Contrast

- . That contrast, in turn, allows the student a means and reason to gain new insight into a procedure or structure previously viewed as uninteresting and ordinary. A comparative view of legal systems allows us to understand better the dimensions of our own system - Besides providing new insight and understanding of our system of justice, having a point of contrast can furnish ideas to improve that system. - certain aspects of another system—modified to account for cultural differences—may operate successfully in a new setting. It is important to note that potentially transferable ideas come not only from countries at similar levels of development but also from less developed countries

Because they have played a greater role in cross-national research to date, we look at examples of grand theory explanations.

Modernization Theories Civilization Theory World System Theory Opportunity Theories Feminist Theory

When differences among standard components of criminal justice systems are explored, the descriptive approach can follow two paths.

One emphasizes the institutions and actors, whereas the other highlights specific functions and procedures

The danger in emphasizing the problems involved in comparing crime data is that one could infer that nothing can be gained from gathering and analyzing such information. Such a conclusion would be wrong!

Part of the job of the comparative criminologist is to ascertain whether crime data can indeed be compared and to invent new ways of measuring crime cross-nationally so that the figures are valid and reliable. Attempts to provide annual rankings of countries according to their crime rates are typically faulty because of different defining, reporting, and recording practices

International crimes include genocide, crimes against humanity, and war crimes. Some domestic crimes, as well as transnational crimes, are international in nature when they occur as part of armed conflict or as part of widespread attacks against civilians It is generally difficult to obtain precise numbers of offenders or victims of international crimes or conduct more than rudimentary criminological research on international crimes.

That is because many of these crimes take place under social conditions of extreme disorder in which we could not reasonably expect any quantitative tallying to occur reliably, such as police recorded crime statistics, victimization surveys, or self-report surveys. Also important is that in many cases, those responsible for these crimes are either state actors (government officials) or non-state actors (militias, rebels), which would make us further doubt any official data gathering efforts since these would involve vested interests and perhaps intimidation. Retrospective studies can be done, but imagine trying to get information from populations that are displaced to many different areas, or for which there are virtually no survivors? - Many international agencies or humanitarian assistance organizations do provide estimates, of course.

The ICC prosecutes genocide, crimes against humanity, and war crimes among its states parties (currently it has 139 Signatories and 118 Ratifications) based on the complementarity principle—it only intervenes in such cases when its states parties are unable or unwilling to intervene. The ICC is not part of the United Nations, but it does have a link to the United Nations. The UN Security Council may refer cases to the ICC or ask it to defer investigation or prosecution. The United States has not signed the Rome Statute

The ICC functions with an amalgamation of common and civil law principles. Although its structure includes prosecutors, judges, investigators, and other staff, it is a court without an international police system or an international prison system. As such, it depends on its states parties for assistance in detecting and apprehending offenders, as well as for housing those it convicts and sentences

The United Nations Responds to Transnational Crime

-The United Nations is a very large and complex organization with many branches, agencies, and affiliated organizations. Much—though certainly not all—of the UN crime and justice work is organizationally handled at its International Centre in Vienna, Austria. - More specifically, the UNODC serves as the umbrella organization mandated to assist UN countries in their struggle against illicit drugs, crime, and terrorism.

universal benefits of international views

- A benefit of comparative studies is to help replace one's traditionally parochial view of the world with a global perspective. Doing so has always been important, but today it is essential. - New York Times columnist Thomas Friedman's book title declares, "the world is flat." By that, Friedman means the people of the world today are able to do business, communicate, entertain, or engage in almost any other activity, instantaneously with billions of others around the globe

Comparison Through Classification

- A standard approach for players is to ask questions by setting up categories. - This process used to identify the object is dependent upon the player's knowledge and use of classification.

Theft of Art and Cultural Objects

- Also called crimes against cultural heritage, patrimonial crimes, or illicit antiquities, these acts violate a country's heritage through the unlawful procurement or acquisition of archaeological and artistic objects that are part of the country's cultural legacy. - The black market in works of art is becoming as lucrative as those for drugs, weapons, and counterfeit goods

Trafficking v Smuggling

- An increasingly agreed-upon distinction is that trafficking, but not smuggling, requires deception or coercion. - Smuggling typically involves migrants who have consented to the smuggling. - Although trafficking victims may have initially consented, that consent is rendered meaningless by the coercive, deceptive, or abusive action of the traffickers. - In addition, smuggling is always transnational—one cannot have "domestic smuggling."

Efforts to combat transnational crime depend to a great extent on a country's ability to combat crime in general. A

- As a result, there is considerable variation in how available and effective are the national laws, agencies, and personnel to respond to transnational crime. The United States reflects some of that variation - The United States combats transnational crime on several fronts.

Using United Nations Crime Data

- Beginning in the 1970s and continuing today, the periodic United Nations Survey on Crime Trends and the Operations of Criminal Justice Systems has become increasingly sophisticated, but also more general in terms of questions asked. - In addition to providing data on reported crimes, responding countries are also asked to provide information about the operation of their criminal justice system through data on arrests, convictions, and prison population. - Recognizing the problems inherent in comparing crime rates among countries with different legal definitions of crime, the United Nations surveys provide a standard classification of crime definitions and justice categories. - A remaining problem is the often fragmented way the questionnaire may be completed, with different officials from different bureaucracies introducing sometimes inconsistent and contradictory statistics as a country's questionnaire is filled out, and the fact that, on average, only about half of the total number of UN member states complete the survey - The surveys are available to the public at a UNODC website and in a very useful multiyear perspective published in 2010

local benefits of an international view

- Benefits of an international perspective that are best described as local in nature include the development of intercultural competence and establishing points of contrast.

Terrorism

- Defining terrorism is not easily accomplished because it takes no single form, and acts considered to be terrorist acts often have few common traits - Most attempts to define terrorism include an additional note that there is no single, universally accepted definition of terrorism - Violence is a key component in two of the definitions and in one, political motivation specifically is important. The motivation in the other two definitions can be political, but can also be religious or ideological—and even racial in one definition. - As you consider the implications of the words that might be used in any definition of terrorism, it becomes easier to understand why international organizations have problems developing an agreed-upon definition

Comparative studies in crime and justice cover two independent but overlapping areas.

- First is the area of comparative criminology for which interest is in the study of crime as a social phenomenon (the focus is more on the crime) and as social behavior (the focus is more on the offender). - Second is comparative criminal justice with its interest in determining how various countries attempt to maintain social order and accomplish justice

Political Approach questions

- How does politics affect a nation's justice system? - How does politics affect interaction among nations? - How is a country's legal tradition affected by politics?

Descriptive Approach questions

- How is a country's justice system supposed to operate? - What are the main components of a justice system? - Who are the main actors in a justice system?

- The premier international agencies working to combat transnational crime are INTERPOL and the United Nations - Interpol Responds to Transnational Crime

- INTERPOL, which is the largest international police organization in the world, facilitates cross-border criminal police cooperation among its member countries. - It supports all efforts to combat transnational crime. - Because INTERPOL has no enforcement authority, its role is as a conduit for intelligence and information among countries for facilitating police cooperation and for providing training and technical assistance. - INTERPOL is mandated to promote police cooperation in all cases of international crime except those of political, military, religious, and racial character - . However, INTERPOL responds to the criminal acts of terrorism, regardless of motivation, because those acts—like other transnational crimes—constitute a serious threat to individual lives and freedom

Money laundering typically takes place in a three-stage process - funds are moved from direct association with the crime (called placement), hidden in the accounts of a legitimate business (layering), and then made available to the criminal again (integration) as earnings from a business that has a plausible reason for generating that much cash.

- Illicit activity - Cash is generated by drug trafficking, fraud, and so forth. 1- Placement - Cash is converted to monetary instruments or is deposited into financial institution accounts. 2- Layering - Funds are moved through wire transfers. checks, money orders, and so forth - Funds are moved through wire transfers. checks, money orders, and so forth. 3- funds are used to acquire legitimate assets or fund further activities.

combating flat crimes

- Importantly, just as the world is flat for legitimate enterprises and lawful people, it is flat also for illegal endeavors and criminals. It appears that garden-variety thefts, robberies, and assaults may become less troublesome to society than offenses like the internationalization of organized crime, cybercrime, terrorism, money laundering, and the trafficking of humans. Criminality in this new century seems to have expanded its target beyond private citizens to include communities, governments, and even nation - Importantly, just as the world is flat for legitimate enterprises and lawful people, it is flat also for illegal endeavors and criminals. It appears that garden-variety thefts, robberies, and assaults may become less troublesome to society than offenses like the internationalization of organized crime, cybercrime, terrorism, money laundering, and the trafficking of humans. Criminality in this new century seems to have expanded its target beyond private citizens to include communities, governments, and even nations. - Multinational collaboration is occurring, but the needed action requires a level of teamwork that countries of the world are only beginning to consider. Understandably, cooperation often starts with neighboring countries.

Trade in Human Body Parts

- In a classic example of supply and demand economics, there is a great global demand for organs suitable for transplant but the number of consensual donors to meet the demand is insufficient. - It is exactly this type of situation that appeals to organized crime interests. - In the United States alone, more than 120,000 people are awaiting transplants, but only about 30,000 transplants are performed each year. - The shortage of organs is a universal problem and the disparity between supply and demand allows organized crime to thrive.

Comparing Over Time

- One appropriate use of comparative crime data is to identify any changes in crime over time and across nations - . Bennett and Lynch (1990) explain that although crime survey results cannot reliably be used to rank countries, they are appropriate for assessing the direction of change in crime. - The trends in drug possession offenses can reflect changes in the crime market and/or changes in law enforcement. - As we will see later in this chapter, these are the types of questions that comparative criminology tries to answer when it views crime as social behavior. - The point here is that these interesting and important questions are unlikely to be considered unless crime data are compared across countries. As long as it is done with caution, crime data can and should be compared cross-nationally.

Two tactics are possible when a descriptive approach is selected for a cross-cultural textbook

- One technique focuses on specific countries and describes the legal system's operation in each country. - This strategy provides depth of coverage and gives the reader a strong background in the systems of several countries. - An alternative technique focuses on specific components of the criminal justice system and describes how different countries implement those segments. - This tactic does not provide the reader with detailed information about any two or three specific countries. Instead, the detail centers on the primary components of all systems of justice and uses various countries to highlight the variations

World System Theory

- Other grand theories take politics as the key construct. - World system theory, for example, draws from the Marxist perspective to explain that as capitalism expands, it disrupts indigenous cultures and traditional means of subsistence. The resulting exploitation from the outside and new inequalities within disrupt political and legal formations and create class conflict (Howard et al., 2000). - This perspective treats industrialization and urbanization as the outcomes of capitalist expansion. - Unlike the modernization perspective, which sets modernization as a key predictor of crime rates, the world system perspective uses modernization only as an intervening variable. In this way, it argues that the effect of industrialization and modernization depends on how modes of production interact with one another

Maritime Piracy

- Piracy brings to mind crimes and criminals more often remembered from literature and history than from today's news. - However, the International Maritime Bureau (IMB)'s Piracy Reporting Centre (International Maritime Bureau, 2016) reminds us that piracy remains a very serious crime. - Actual and attempted pirate attacks have decreased since 2011 (439 incidents) and have numbered around 250 in recent years.

Maritime Piracy - Goal

- Pirates often target oil and chemical tankers and the attacks are particularly violent and highly organized. - Ships may be hijacked and forced to sail to unknown locations where the pirates ransack and steal the ship's equipment and cargo. - Crew, ship, and cargo can also be held hostage as pirates wait for ransom demands to be met.

Comparing countries within a geographic region can be useful for comparisons, but one cannot be sure what is represented by those groups.

- Regional groupings are often made without a clear idea of what ties the countries in a region together—other than geographical proximity. - For example, comparing countries in Africa with ones in Asia may not be as helpful as a comparison of countries based on their official language—which would help draw attention to the importance of cultural factors rather than simply geographic ones. - The point is, there should be some reason for how countries are grouped—and oftentimes that reason is based on a theory that is being tested

- Synthetic Strategies - Authentic Strategies

- Results in artificial groups - is based on only one or two aspects of the object - Resulting classification has a practical or special purpose that brings order to diversity -Results in natural groups - Is based on extensive study of the object - Resulting classification allows some predictivity regarding the group's members

The temptation to compare countries on the basis of reported crime requires significant restraint. Reasons for caution can be grouped under four broad categories

- Statistics Are Political Statements - Problems in Defining, Reporting, and Recording - Comparison Problems - Varying Social Features Affect Crime Rates

Trade in Human Body Parts - diversity of people involved

- The activity requires organization because of the number and diversity of people involved. - In addition to the buyer and donor/victim, there are recruiters who identify the donors, transporters of both people and organs, hospital/clinic staff, medical professionals, middlemen and contractors, and the banks where organs are stored. - Rarely is the entire racket exposed

Much of the UNODC's work is advisory, educational, and research-oriented as it helps determine and then carry out the crime and justice policies of the United Nations

- The agreements can range from ones that encourage certain behavior to others that demand adherence to specific principles and procedures. - Generally, treaties and conventions refer to binding documents that require all ratifying countries to abide by the agreements' specified standards

Lynch believes cross-national research benefits from a functional rather than organizational or positional description of national criminal justice systems (Lynch, 1988). He argues that there is more similarity of jobs across systems than there is among persons performing those duties

- The argument Lynch makes is that all countries require that similar jobs be done— they just assign the duties differently - The comparison model he develops describes procedures under the headings of intake, screening, charging and protecting, adjudication, sanctioning, and appeal. The result is a concise account comparing countries in each of the six categorie - That brief review of how three countries protect citizens against prolonged and unnecessary pretrial detention provides a quick look at the functions/procedures perspective. This approach allows easy viewing of similarities among countries while drawing attention to the basic functions and procedures found in a variety of criminal justice systems. When differences become apparent, they suggest topics of conversation and debate

The UN Convention against Transnational Organized Crime became effective in 2003 a

- The convention is the first international instrument against transnational organized crime, and those nations that have ratified it agree to take a series of measures against transnational organized crime. - These measures include the creation, in those countries where they are not already present, of laws making specific transnational crimes illegal and the adoption of frameworks that allow for mutual legal assistance, extradition, law enforcement cooperation, and technical assistance and training among the parties to the convention - As a result, the countries will be able to rely on one another in investigating, prosecuting, and punishing crimes committed by organized criminal groups when either the crimes or the groups that commit them have some element of transnational involvement. - Three protocols (one on trafficking in persons, another on smuggling migrants, and the third on illicit manufacturing and trafficking in firearms) are attached to the convention, and all have entered into force as a result of being ratified by the necessary number of countries

- , an institutionalized pattern of justice rests on the definition of rules (substantive law) and the determination of their enforcement (procedural law). - In turn, delineation of rules specifies the requirements to be met for something to qualify as a law and the criteria used in deciding whether a particular behavior is criminal

- The first condition, requirements to qualify as a law, can be called the general characteristics of law. - The second condition, determining whether a particular behavior is criminal, comprises the major principles of law. - Importantly, both the general characteristics and the major principles are discussed here in terms of law in Western nations.

classification strategies - . It seems more important for our purposes to be aware of what schemes are possible than to try to determine which one is superior - Two ways of classifying are possible (see Table 1.2).

- The first is a synthetic strategy resulting in categorization of artificial groups. Classification of this type typically has a special purpose and attempts to bring order to a confusing array of objects. - The terms synthetic and artificial are used with this approach because the ensuing classification is the result of scientists manufacturing a group that categorizes objects based on some criteria of interest to the scientist - Although synthetic classification strategies have practical applications, such as making it easy to find a phone number, identify a flower, or track down a book, their artificial nature does not allow us to imply or deduce other information about the object. - Authentic strategies for classification provide categorization of natural groups. - Because this scheme uses a great number of characteristics to categorize objects into groups, it is much more predictive than are synthetic systems. - The terms authentic and natural are appropriate here, because scientists group objects based on factual characteristics shared by members of a group. - Unlike synthetic strategies, this approach relies on verified inherent attributes rather than traits assigned or manufactured to meet some purpose that a scientist has. - Humans categorized according to last names in a phone book constitute artificial groups. - In contrast, humans classified according to some measure of human biology constitute natural groups. Because this classification is based on inherent rather than assigned characteristics, it possesses the quality of predictivity.

-When comparative criminologists study crime as a social phenomenon, they try to identify commonalities and differences in crime patterns among divergent cultures - Criminologists seeking to compare crime in two or more countries encounter two primary problems

- The first is to ensure that crime data from different countries have been defined, reported, and recorded in a similar manner. - The second is compiling crime data in a manner that allows researchers to conveniently compare many different countries.

Theft of Art and Cultural Objects - Targets and goal

- The majority of thefts are carried out from private homes, but museums and places of worship are also among the common targets. - Although the type of objects stolen varies from country to country, paintings, sculptures and statues, and religious items are among the more frequent targets. - It is important to note, however, that no category is spared, including such diverse items as archaeological pieces, antiquarian books, antique furniture, coins, weapons and firearms, and ancient gold and silverware

Institutions/Actors Strategy

- The other approach is to compare countries on the basis of specific institutions and positions charged with accomplishing particular duties - . The alternative way to approach the topic is to emphasize such institutions as police, courts, and corrections while discussing the assigned duties of people such as police officers, attorneys, judges, and wardens. -

Just as we can analyze two aspects of the definition of laws, we can also bifurcate the manner in which the rules are implemented

- The rules can be activated to emphasize repressing rule violation (crime control model) or to contain the system's level of intrusion into the citizen's life (due process model).

The United States and Canada

- The two countries participate in the annual U.S.-Canada Cross-Border Crime Forum to coordinate policy matters and operation procedures so that problems can be more easily resolved. In addition, the two countries have several Memoranda of Understanding (MOU) such as the one designating the U.S. Drug Enforcement Administration and the Royal Canadian Mounted Police as the points of contact for drug-related matters relevant to both countries.

The transnational crime of terrorism has received particular attention by the United Nations

- Twelve universal conventions and protocols against terrorism have been developed under the auspices of the United Nations and its specialized agencies. - The conventions deal with specific crimes such as hijacking airplanes, taking hostages, stealing nuclear material, using explosives in public places, and participating in activities intended to finance terrorists. - Most of the conventions are penal in nature and typically define a particular type of terrorist violence as an offense and require that the state parties penalize that activity in their domestic law

political approach

- appreciates the importance of understanding how a country's legal system is affected by that country's politics - The point is that understanding a country's criminal justice system requires an understanding of its political system. - This principle is most clearly apparent in efforts to build police capacity in post-conflict societies. When defining their protocols for police capacity building, the United Nations noted that the guidelines are based on the assumption that the host government is committed to the establishment of a responsive, representative, and accountable police service (United Nations, 2015). - A country's political system will influence, if not determine, its policing, court, and corrections system. - The political approach recognizes the importance of politics in understanding criminal justice at a national and international level. - Like the historical approach, the political approach is not the primary one we follow in this text, but it is important nonetheless.

Trafficking in Persons - The United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, defines human trafficking basically as the

- the acquisition of people by improper means such as force, fraud, or deception, with the aim of exploiting them. - A point of confusion is how human trafficking differs from migrant smuggling - Trafficking in persons is a multibillion-dollar form of transnational organized crime, wherein victims are recruited and trafficked within countries or between countries and regions. - Estimates of the extent of human trafficking are inexact due to the clandestine nature of the enterprise - Human trafficking has become one of the most recognized types of transnational crime and as such it receives considerable attention at domestic and global levels. - That attention has resulted in action by local and national politicians, world leaders, international nongovernmental organizations (NGOs), and supranational organizations such as the United Nations and INTERPOL. I

Comparing Similar Data - There is an understandable tendency to compare, contrast, and even rank countries in terms of general and specific crime rates, yet --- - Countries increasingly appreciate the importance of comparative work but are concerned that statistics will be used for developing more "===" types of rankings rather than for increasing the understanding of domestic crime issues.

- this is too often done without understanding the limits of such a portrayal - best places to live

discriptive approach

-- A description of how something should operate provides the necessary basis for analysis and repair. Just as it would be difficult to repair a motor without knowing how that motor is supposed to function, we must understand a justice system's stated organization and structure before we can determine how closely its operation conforms to the model. - Description is the essential first step in comparing criminal justice systems. - The historical and political approaches are also necessary and will receive occasional attention in this book, but the descriptive approach allows us to gain an overview of a country's justice system so that we can begin to identify similarities and differences among the nations. - To that end, this book emphasizes a descriptive approach when presenting information about criminal justice in other countries. T

Howard et al. (2000) note that tests of grand theories have produced conflicting results.

. For example, Bouley and Vaughn (1995) studied violent crime in Colombia and found support for grand theories with respect to the crimes of theft and robbery but not for the more violent crimes of assault and homicide. - Gillis (1994) claims that civilization theory is supported in his study of violent crime and suicide in France from 1852 to 1914. - Gillis found that the climbing literacy rate during that period was associated with a decrease in the rate of crimes of passion and an increase in the suicide rate. - Opportunity theory seems supported in studies such as that by LaFree and Birkbeck (1991), which uses victimization data in Venezuela and the United States to show that robbery typically involves public domains, lone victims, strangers, and incidents taking place outside buildings. - Should comparative criminologists continue to find that crimes occur in similar situations, regardless of country, we will have valuable information about criminal acts—although our knowledge about motivation to commit those acts will not necessarily be advance - The hypotheses that emerge from feminist criminological theory are varied and results are conflicting. For example, Yodanis (2004) used data from the International Crime Victims Survey with United Nations statistics and found that the educational and occupational status of women in a country is related to the prevalence of sexual violence against women: where status is high, prevalence is low

. There are at least three ways to study different criminal justice systems

. The historical, political, and descriptive approaches

Terrorism provides a good example of the way INTERPOL exemplifies an international effort to combat transnational crime

0 INTERPOL's role is first to prevent acts of terrorism and then, if they are carried out, to ensure that the perpetrators are brought to justice. - Prevention efforts are accomplished by collecting, storing, and analyzing information and then sharing it among the member countries. - When a terrorist act occurs, member countries are required to send INTERPOL all particulars concerning the nature of the act; investigative developments; any individuals suspected, arrested, or charged; and information about organizations on behalf of which the act was conducted - INTERPOL is also engaged in the investigation and prosecution of genocide, war crimes, and crimes against humanity

1- Corruption

1- - Corruption is recognized as a domestic issue since it undermines a country's political, social, and economic stability. - But it also contributes to global crime since transnational criminals are aided in their illegal activities by the complicity of corrupt public officials 2- In 2000, the UN General Assembly realized that a treaty against corruption, independent of the United Nations Convention against Transnational Organized Crime, was needed and established a committee for its negotiation. - The United Nations Convention against Corruption (UNCAC) entered into force on December 14, 2005 3- At the most basic level, corruption is the abuse of entrusted power for private gain. - Often the power abused is that attached to a public office that one holds as a result of election or assignment 4- Corruption and its related crimes occur worldwide and have both domestic and global impact. Transparency International is an organization created to fight corruption in the global arena. = Its annual Global Corruption Barometer provides data on corruption produced by worldwide public opinion surveys. - Countries where criminal justice institutions are corrupt (or at least perceived to be so by their citizens) may support other transnational crime activities such as drug trafficking, money laundering, or terrorism—or, at best, are not inclined to help thwart it

Substantive Law 1- General Characteristics 2- Major Principles

1- 1. Politicality 2. Specificity 3. Uniformity 4. Penal Sanction 2- 1. Mens rea 2. Actus reus 3. Concurrence 4. Harm 5. Causation 6. Punishment 7. Legality

1- Sex Trafficking 2- Forced Labor Trafficking

1- • A person is coerced, forced, or deceived into prostitution, or maintained in prostitution through coercion. • Even if a person initially consented to engage in prostitution, he or she is a trafficking victim if they are held in service through coercion. • May occur as an aspect of debt bondage. 2- • Also known as involuntary servitude. •Believed to comprise the majority of the world's human trafficking. • Can include both immigrants and domestic workers. • Female victims of forced or bonded labor, especially women and girls in domestic servitude, are often sexually exploited as well.

Trafficking

1- Cannabis trafficking tends to be intraregional (locally produced and consumed), but cocaine trafficking is interregional with production being primarily in Colombia, Peru, and Bolivia and consumption occurring in North America and West and Central Europe. Heroin trafficking is both intra- and interregional.

Procedural Criminal Law

1- Crime Control Mode 2- Due Process Model

A few examples of the transnational crime reduction responsibilities of each department, by department bureau or agency, include the following:

1- DHS—Bureau of Customs and Border Protection. - Its primary mission is preventing terrorists and terrorist weapons from entering the United States. - It is also responsible for apprehending individuals attempting to enter the United States illegally; stemming the flow of illegal drugs and other contraband; protecting agricultural and economic interests from harmful pests and diseases; protecting American businesses from theft of their intellectual property; and regulating and facilitating international trade, collecting import duties, and enforcing U.S. trade laws 2- DHS—U.S. Secret Service. - It investigates violations of laws relating to counterfeiting of obligations and securities of the United States; financial crimes that include, but are not limited to, access device fraud, financial institution fraud, identity theft, and computer fraud; and computer-based attacks on the nation's financial, banking, and telecommunications infrastructure 3- DOJ—Federal Bureau of Investigation. - Part of its mission is to protect the United States from foreign intelligence and terrorist activities. - Other Bureau priorities include protecting the United States from cyber-based attacks and high-technology crimes as well as combating international organized crime 4- DOJ—Organized Crime and Gang Section. - This section coordinates the Department's program to combat organized crime. - The principal enforcement efforts are currently directed against transnational organized crime groups, which pose seriousthreatsto the well-being ofAmericans and the stability of our economy. - Transnational organized crime promotes corruption, violence, and other illegal activities; jeopardizes our border security; and causes human misery. - It undermines the integrity of our banking and financial systems, commodities and securities markets, healthcare system, and cyberspace

Consumption

1- Exact numbers are impossible to determine, but UNODC estimates that 1 in 20 adults, or a quarter of a billion people aged 15-64 years, used at least one drug in 2014. 2- Although trends in drug use vary across regions, as does updated reporting on data, the extent of drug use among the world population has remained stable over the past four years. 3- Overall, men are three times more likely than women to use cannabis, cocaine, or amphetamines, whereas women are more likely than men to engage in the non-medical use of opioids and tranquilizers

Drug Trafficking

1- Large-scale drug abuse and its related problems affect much of the world and attempts to control illicit drug trafficking must involve global efforts that match the global reach of the drugs. 2- With its yearly World Drug Report, the UNODC provides analysis and statistics on the four major groups of illicit drugs: opiates, cocaine, cannabis, and amphetamine-type stimulates. 3- The information is provided according to the three sectors of production, trafficking, and consumption.

Major Trafficking Type

1- The major types of trafficking in persons are sex trafficking and forced labor trafficking. - Included in the forced labor category is bonded labor (often called debt bondage), wherein persons are forced to work to pay off their own or even their family members' or ancestors' debts 2- Another type of forced labor is the involuntary servitude of domestic workers. - These are often foreign migrants, usually women, who were recruited from less developed countries to work as domestic servants and caretakers in more developed countries.

• Production

1- The world's most widely cultivated drug crop is cannabis, which was reported by 129 countries over the period 2009-2014. Cannabis production has been stable globally, opium poppy cultivation has been decreasing, whereas coca cultivation has been rising

Money Laundering

1- Traditionally, money laundering has referred to the process by which criminals attempt to conceal the illicit origin and ownership of the proceeds from their unlawful activities. 2- However, that link to the proceeds of crime is no longer an essential element in the definition. 3- Joyce (2005) explains that today the concept must include the ways in which money laundering mechanisms are used to finance crimes such as terrorism and corruption. 4= In its simplest form, when the sums involved are relatively small, money laundering takes place in the same jurisdiction as the crime. 5- The funds are then identified as legitimate earning from gambling. Larger sums typically involve an international dimension and it is at this level that the three stages become more distinct. 6- The easiest, and most popular, way to move money out of the country of origin (placement) is to carry or ship it out in bulk.

America v. American

1- United States 2- North and South American neighbors

1- Cybercrime 2- Computers are linked to criminal activity in three general ways

1- one of the fastest growing crime areas as criminals increasingly rely on the speed, convenience, and anonymity offered by modern technologies. The cost of cybercrime worldwide is estimated at some $400 billion 2- • Cyber attacks,.Cyber theft, Other computer security incidents

1- Cyber attacks 2- Cyber theft 3- Other computer security incidents

1- wherein the computer system itself is a target of the criminal act. These acts against computers or their services include obtaining illegal access to a system, preventing legitimate access by others, theft of services provided by the computer, or causing damage to a computer or its data—increasingly, to large data systems and infrastructure 2- occurs when the computer is used as a tool in committing a crime. Typically, this involves the theft of money and other things of value, including intellectual property. 3- include spyware, adware, hacking, phishing, and theft of other information regardless of whether the breach was successful or any damage or losses were actually sustained

There is a legitimate transplant market involving organs from live or deceased donors to needy patients, but the transnational crime version involves black market or underground transactions. - The United Nations identifies three broad categories of organ trafficking

1. Cases where traffickers force or deceive the victims into giving up an organ 2. Cases where victims formally or informally agree to sell an organ and are cheated because they are not paid for the organ or are paid less than the promised price 3. Vulnerable persons (such as migrant workers, homeless persons, and illiterate persons) are treated for an ailment, which may or may not exist and thereupon organs are removed without the victim's knowledge

Part 2 - A few examples of the transnational crime reduction responsibilities of each department, by department bureau or agency, include the following:

5- DOS—Office to Monitor and Combat Trafficking in Persons. - Established in 2000 as a result of the Trafficking Victims Protection Act, the Office leads the United States' global engagement on the fight against human trafficking, partnering with foreign governments and civil society to develop and implement effective strategies for confronting modern slavery. - The Office has responsibility for bilateral and multilateral diplomacy, targeted foreign assistance, and public engagement on trafficking in persons 6- DOS—Bureau of International Narcotics and Law Enforcement Affairs. - INL counters transnational and international crime, illegal drugs, and instability abroad. - INL helps countries strengthen their police, courts, and corrections systems. - INL helps foreign countries build strong law enforcement institutions that counter transnational crime—from money laundering, cybercrime, and intellectual property theft to trafficking in goods, people, weapons, drugs, or endangered wildlife 7- DOT—Financial Crimes Enforcement Network. - FinCEN was established in 1990 to provide a government-wide multisource financial intelligence and analysis network. - The organization's operation was broadened in 1994 to include regulatory responsibilities for administering the Bank Secrecy Act, one of the nation's most potent weapons for preventing corruption of the U.S. financial system

Both bilateral and multinational cooperation in law enforcement present many problems for the countries involved. However, increasing transnational crime suggests that the potential benefits of cooperative efforts might outweigh the problems

A necessary step in achieving that cooperation is an increased understanding of criminal justice systems in the various nations. Thus, more people taking an international perspective toward criminal justice will have definite universal benefits

Historical Approach

An understanding and appreciation of history provide the criminal justice student with information about the present and the future. Like all other social institutions, criminal justice changes over time. Ignoring the past will make it impossible to prepare for inevitable changes of the future in procedures and institutions. - the historical approach helps students to understand and be a part of a changing world. Despite the changes always taking place in any society, the problems faced remain remarkably stable. The need for security, justice, and freedom is neither the only nor the least of those problems.

Civilization Theory

Another type of grand theory uses a comparative historical approach to show a link between crime and civility. - For example, these civilization theorists note that murder was more common in the Middle Ages than it is now and that it dropped dramatically in the seventeenth, eighteenth, and nineteenth centuries. - This seems to directly contradict modernization theory because it suggests that violent crime, at least, decreased rather than increased as modernization dismantled traditional family and community bonds. - Elias attributes the decline to the gradual introduction of courtly manners (e.g., eating with a knife and fork, refraining from urinating in public) that transformed a violent medieval society into a more peaceful modern one (Elias, 1982; Stille, 2003). - Modernization and civilization theories are not necessarily contradictory, however. Shelley, for example, modified her initial reliance on modernization as the key explanatory variable in favor of a synthesized modernization-civilization perspective, which suggests that a more civilized society has lower volumes of violent crimes because people exercise more internal control over their behavior as others increasingly depend on them (Heiland & Shelley, 1992). - However, the modernization-civilization proponents argue that violence directed against the self (e.g., suicide, drug abuse) will occur more often as civility increases

the world is flat

Argues that the world is undergoing its third phase of globalization: "Globalization 3.0 is shrinking the world from a size small to a size tiny and flattening the playing field at the same time" (2005: 10). Whereas in the past globalization was characterized by companies becoming more global, this third phase is unique due to "the newfound power for individuals to collaborate and compete globally. This flattening process is happening at warp speed and directly or indirectly touching a lot more people on the planet at once"

- Chapter 2 -

Chapter 2

Transnational crimes encompass a variety of distinct activities Notable by its absence in this grouping of transnational crimes is transnational organized crime. A common feature of any transnational crime is the organized effort involved in the inception and perpetration of the crime

Cybercrime Corruption Drug Trafficking Money Laundering Maritime Piracy Trade in Human Body Parts Trafficking in Persons T Terrorism

Two problems need resolving before any society can implement an institutionalized pattern of criminal justice.

First, the laws must be delineated. Next, the manner of enforcement must be specified. The way a society resolves these problems involves the essential ingredients of any legal system. These activities are of equal importance and provide a sound basis for diagramming the basic foundation of legal systems. However, simply stating the existence of this foundation is not sufficient.

When looking at crime as social behavior, criminologists develop and test theories about crime's etiology—that is, its causes, origins, and distribution. - Traditionally, those theories have been used to understand domestic crime in a particular country. = When theories about crime are developed and tested in or across two or more countries, criminology is more accurately called comparative criminology

Howard, Newman, and Pridemore (2000) identify three general frameworks that are commonly employed as comparative criminologists attempt to explain the variation of crime rates among nations: grand theories, structural theories, and theories relying on demographic characteristics. A thorough examination of how criminological theory is applied to cross-cultural and international crime statistics is not possible in this book. However, that subject is important enough to warrant at least a brief description of theories from one of these general frameworks

the need for classification - The process of classification allows us to summarize diversity and is used in this book to highlight similarities and differences in the criminal justice systems of countries around the world

Identify relationships identify organisms no confusion - Classification refers to the grouping of individual objects into categories based on the object's relationships. - Through this process of naming and then grouping items into recognizable categories, we order and summarize the diversity that exists in the world. - Its importance for operating in society (rather than simply winning a parlor game) becomes apparent upon realizing that survival of early humans must have been aided by an ability to recognize that individual objects shared certain properties - The process of classification and the resulting classification systems have been studied most completely by scientists interested in living organisms - So, there is no argument on the need for classification. Instead, disagreement rests on how to classify, what criteria should be used in the process, and what the ultimate purpose of classification is. We spend some time responding to these questions, because classification plays an important role in the structure of this text. - . Our guiding principle follows Ehrmann's (1976) argument that categorization is the base for all comparison. The diversity of the world's criminal justice systems requires an understanding of and appreciation for the classification process and the resulting schemes

International crime is that which violates international law. International law encompasses international criminal law, international human rights law, and international humanitarian law Niemann (2014) differentiates among these three bodies of law, clarifying that all three of them have been or still are an impingement on state sovereignty, but reflect international consensus on what acts are so egregious or unfair that states must be held accountable to the international community.

International criminal law is that which establishes definitions and procedures for criminalizing acts internationally, with individual as well as state liability. y. International human rights law includes acts that are generally considered criminal as well as noncriminal, and generally holds the state accountable. International humanitarian law applies to armed conflict, whether external or internal.

The advent of the International Criminal Court, located in The Hague, the Netherlands, is part of a long tradition in international criminal justice to form courts to prosecute violations of international criminal law The Nuremberg Tribunals, established after World War II, were the first instance of such courts in the twentieth century, followed by the ad hoc international tribunals established by the United Nations after conflicts in the former Yugoslavia and Rwanda.

More tribunals followed that were collaborative between local countries and the United Nations (East Timor, Kosovo, Cambodia, Sierra Leone), and finally, these efforts culminated in the adoption of the Rome Statute in 1998 that created the ICC for what is hoped to be posterity. In 2002, the court came into existence

Trafficking - - There must be an element of force, fraud, or coercion (actual, perceived, or implied), unless the victim is under 18 years of age and involved in commercial sex acts. - Forced labor and/or exploitation. - Persons trafficked are victims. - Trafficking victims were enslaved, subjected to limited movement or isolation, or had documents confiscated. - Trafficking need not involve the actual movement of the victim. - There is no requirement to cross an international border. - Trafficked persons must be involved in labor/services or commercial sex acts. That is, they must be "working"

Smuggling - - The person being smuggled is generally cooperating. - There is no actual or implied coercion. - Persons smuggled are complicit in the smuggling crime. They are not necessarily victims of the crime of smuggling, although they may become victims depending on the circumstances in which they were smuggled. - Smuggled persons are free to leave, change jobs, etc. - Smuggling involves the illegal entry of a person or persons from one country into another. - Smuggling always crosses an international border. - Smuggled persons must only be in country or attempting entry illegally.

Multinational Cooperation

The areas of police and judicial cooperation provide especially good examples of multinational cooperation for justice purpose The European Union (EU) is a treaty-based framework that defines and manages economic and political cooperation among its 28 member states A realistic goal, from the EU's perspective, is to create a European judicial space that allows Europeans to combat crime and seek justice across borders and throughout the continent The countries making up the EU remain independent sovereign nations, but they delegate some of their decision-making powers to shared institutions they have created. In this manner, decisions on specific matters of joint interest are made democratically at a supranational level. The three key institutions are the European Parliament, the Council of the European Union, and the European Commission. These institutions produce the policies and laws that apply throughout the EU ( they delegate some of their decision-making powers to shared institutions they have created. Courtesy of Central Intelligence Agency

Using International Crime Victim Data - Because official crime statistics from police sources require victims to report an offense, there is concern that cross-national comparison of crime statistics may compare reporting habits as much as crime incidents. - In an attempt to reduce the data loss that occurs when relying on police reports of crime, individual countries make greater use of victimization surveys, which have been found to provide a more complete picture of crime's occurrence.

The crime and victimization data available to comparative criminologists today provide a wealth of information. As long as the necessary methodological cautions are understood and accounted for, scholars and practitioners will be able to compare crime occurrence, crime trends, victimization, and other topics of importance for a more complete understanding of domestic crime. As noted earlier, however, comparative criminology is also interested in advancing theoretical explanations of criminal behavior

Not surprisingly, the difficulties associated with defining terrorism means it is hard to identify terrorist groups and terrorist acts.

The groups have been categorized according to such criteria as their motivation (e.g., political or religious), their targets (e.g., persons of a race or ethnicity different from the terrorists), their locus of operation (domestic or international), or on some other basis.

Using Mexican Justice How does one country bring to justice a person who has fled to another country after committing a crime in the first country?

The typical technique is through an extradition process wherein the two countries have agreed to surrender the accused individual to the requesting country for trial and punishment. The specifics of such an accommodation are typically laid out in a treaty or other agreement between the countries. Maybe an increased interest in comparative criminal justice will result in more individual police departments working together in different countries, regardless of the reluctance of politicians at the national level in each country regarding cooperation

Historical Approach 1- questions asked

The use of historical context to help analyze and respond to a text. 1- - What mistakes and successes have already occurred? - What do earlier experiences tell us about the present? - How can knowledge of the past prepare us for the future?

In addition to the problems presented by differences in legal definitions of crime, cross-national comparison of crime rates is hindered by the way crime is reported in countries.

The willingness of victims to report crime is not the only factor affecting reporting rates. Also important are factors such as accessibility to police so that a report can be made (e.g., the number of police stations and telecommunication), the level of insurance coverage available (certainly one reason that automobile theft reporting is high in industrialized countries), and the level of trust that the public has for its police (a population under corrupt or authoritarian rule is less likely to report crime). Finally, the greater the difference in social, economic, and political context between countries, the more unwise it is to make any comparison of their crime rates

Chapter 3

chapter 3

Ethnocentrism - positives - negatives

evaluation of other cultures according to preconceptions originating in the standards and customs of one's own culture. -has some positive aspects. It encourages pride, confidence, and group identification. When ethnocentrism is attached to one's country, it is a key ingredient in what we call patriotism. Because feelings of patriotism and cultural identity are generally positive attributes that help make a nation strong, it is desirable for citizens to be somewhat ethnocentric about their own social institutions. - When ethnocentrism makes people in one group unwilling to understand and appreciate differences with people from other groups, prejudice and discrimination can result. When ethnocentrism makes it difficult, or even impossible, to be critical about the status quo, society may not experience positive change. If people believe that no other way of doing something can be useful, desirable, or even better than the current way, opportunities for improvement are missed

In addition to considering how accurately a crime is reported in countries being compared, it is also necessary to determine how recording practices may vary.

example - Van Dijk and Kangaspunta (2000) highlight differing recording practices by noting that police in some countries are very careful about recording every theft of a bicycle while in other countries the tracking of bicycle thefts may have low—or even no—priority.

s. Thanks to cooperation from states, eight persons have been detained in the ICC detention center and have appeared before the Court. Thirteen persons remain at large. Charges have been dropped against three persons due to their deaths. ICC judges have also issued nine summonses to appear. The judges have issued four verdicts: three individuals have been found guilty and one has been acquitted The court's first landmark decision on rape as a war crime took place in 2016, as mentioned at the beginning of this chapter. The ICC is of interest to comparative criminologists for at least two major reasons:

first, because its history and structure are reflective of the history and structure of studies in comparative criminal justice, and second, because the court sets a deterrent example for the entire world in its prosecution of the most heinous offenses known to humankind.

Intercultural Competence

the ability to communicate appropriately, effectively, and ethically with people from diverse backgrounds - an important skill for citizens of the twenty-first century. - Similar terms such as intercultural awareness and cultural intelligence all refer to the knowledge, skills, and attitudes needed to interact successfully with people from different backgrounds - In the absence of intercultural awareness, there is an increased possibility of misinterpreting the verbal and nonverbal behavior of persons with whom we are interacting. - The most obvious examples are when police in any country are interacting with victims, witnesses, suspects, and members - Although intercultural competence is an essential skill for persons and organizations in today's world, that is not the only benefit in learning about other countries. An international perspective also provides us with opportunities to understand, appreciate, and even improve our approach to criminal justice.

UNODC's new International Classification of Crime for Statistical Purposes includes the count of these kinds of crimes in its classification

thus, in the future we can expect to see an effort to gather data more systematically on international crimes. Comparative criminologist John Hagan has been a pioneer in the empirical criminological study of international crime, and has written extensively on Darfur and the Balkans (

Feminist Theory

—Feminist theories examine how indicators of gender inequality influence crime rates, particularly gender differences in crime rates (perpetration of crimes by men or women, and victimization of women or men) and differences in rates of gendered crimes (domestic violence, for example). - This is a large body of research that has generally been undertheorized (Hunnicutt, 2009) and new indicators of gender equality are now emerging that can be used in cross-national research (Barberet, 2014).

Modernization Theories

—Grand theories typically assume that a single theoretical construct has significant impact on a nation's crime level. - Shelley's Crime and Modernization (1981) is an early example of this methodology. As the title indicates, Shelley uses empirical evidence to show that modernization provides the best theoretical explanation for crime's evolution in recent history. - Specifically, she suggests that social processes accompanying industrial development have resulted in conditions conducive to increased criminality, such as loosened family ties, instability of family, and lack of supervision of youthful members of a family.

Opportunity Theories

—Opportunity theories suggest that the occurrence of crime is best understood as the result of modern economies and social organization that provide increased opportunities to engage in criminal behavior. - More goods are purchased as expanding economies create more expendable income, and those goods become available for theft. Technological gains produce smaller and more portable electronic devices that are easily stolen. Changes in social organization (e.g., both spouses working and increased leisure time mean more hours of the day when the home is unoccupied) result in less guardianship over household items and more opportunities for theft

Due Process Model

• Assumes freedom is so important that every effort must be made to ensure that government intrusion follows legal procedure. • Seeks to make decisions that will identify legal guilt. • Follows rules that emphasize containing the government's level of intrusion into citizens' lives. • Emphasizes the legitimacy of action. • Insists on a formal, adjudicative, adversarial fact-finding process, even though such restraints may keep the process from operating with maximal efficiency.

Crime Control Model

• Assumes freedom is so important that every effort must be made to repress crime. • Seeks to make decisions that will identify factual guilt. • Follows rules that emphasize the repression of criminal activity. • Emphasizes the efficiency of action (i.e., speed and finality). • Requires a high rate of apprehension and conviction by early exclusion of those not likely to be guilty.

Varying Social Features Affect Crime Rates

• Countries where telecommunications are more common tend to report a higher proportion of crime. • Countries where household insurance is more developed report a higher proportion of crime, particularly burglary. • Countries where police forces use more advanced technology tend to find a higher proportion of actual crime. • Countries with more available medical facilities may have lower homicide rates than countries with less accessible medical facilities.

a criminal act should be clearly defined so that people will know in advance how they must behave. But—and here's the catch—terrorism is typically not a crime in itself. Consider the following definitions of terrorism:

• The U.S. Code uses the term "terrorism" to mean premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents • The U.S. Department of Defense considers terrorism to be the unlawful use of violence or threat of violence to instill fear and coerce governments or societies. Terrorism is often motivated by religious, political, or other ideological beliefs and committed in the pursuit of goals that are usually political • In the United Kingdom, the Terrorism Act of 2000 (amended in 2006, 2008, and 2015) defines terrorism in part as the use or threat of action designed to influence the government or an international governmental organization or to intimidate the public or a section of the public, and the use or threat of action is made for the purpose of advancing a political, religious, racial, or ideological cause

Statistics Are Political Statements

• The open announcement of a country's official crime statistics is often made only after the information has been rigorously checked for both its "validity" and the impression it creates. • At times, countries have made crime data available to the United Nations survey but have not provided that information to their own citizens.

During the last three decades, the UN Department of Peacekeeping Operations and the UN Development Programme have helped to reform or create new police forces in, to name just a few, Namibia, El Salvador, Bosnia and Herzegovina, Kosovo, Rwanda, Croatia, Sierra Leone, Guatemala, and Liberia. Based on the UN experience, O'Neill (2005) identified several things that are apparent when police reform is attempted. Those include:

• The realization that police reform takes a long time and involves transforming power relations in a society. • Respect for human rights and effective crime fighting go together. • It is not sufficient to work only on reforming the police. Effective reform requires paying attention to the broader criminal justice institutions as well. • Local history, traditions, and culture must be acknowledged in all police reforms. Failing to anchor programs in local realities means failure for those programs.

Comparison Problems

• The structure and number of police personnel vary among the countries • Whereas some countries count crimes when the police become aware of them, others count crimes only when police forward them for prosecution.

Problems in Defining, Reporting, and Recording

• Types of crime that seem comparable are often not (e.g., comparisons of homicide are confounded by how deaths from drunken driving are recorded). • Many crimes are not reported to the police. • Some events reported and recorded as crimes may not actually be crimes, and some crimes reported are never officially recorded. • Decisions to record crimes may be affected by concerns about job evaluation measures or agency performance indicators. That is, there may be political pressures on criminal justice actors to demonstrate more or less crime.