Addressing the offending-related needs of non-violent Indigenous offenders

This report examines publically-available research literature from North America, Australia and New Zealand on the effectiveness of measures that aim to reduce non-violent offending by Indigenous people. It identifies culturally safe and relevant principles for the design and implementation of measures that have been found to be promising in terms of reducing this category of offending. These principles are important for policy-makers and practitioners to understand, given that many Indigenous people come into contact with the criminal justice system in relation to non-violent offences such as public order and driving offences. The principles set out in the report include: incorporating Indigenous culture, family and community into treatment programs; combining Indigenous approaches with effective Western treatment models such as Cognitive Behavioural Therapy; and addressing the substance abuse, trauma, and historical and social context often associated with offending by Indigenous people. In addition to promoting these principles, the report provides an overview of Indigenous people’s contact with the criminal justice system in relation to non-violent crimes, as well as a discussion of specific programs that have been used with this group of offenders.

"A firma é forte": trabalho, crime e consumo nas redes de sociabilidade da "violência urbana"

Esta tese argumenta que aquilo que Alba Zaluar chamou de ética do provedor, quer dizer, a prática em torno da qual o trabalhador pobre urbano e favelado construía a sua identidade em relação à do bandido, sofreu uma metamorfose, cujo resultado foi a emergência de uma ordem de interação sui generis inscrita nas redes de sociabilidade da violência urbana. A ética do provedor metamorfoseou-se em uma lealdade instrumental e isso deu origem a uma espécie de vínculo social armado e impulsionado internamente como uma forma de convívio capaz de forçar as relações de rotina em dois movimentos concomitantes, de aproximação e de separação de quem vive e circula nessas redes de sociabilidade da violência urbana. O estudo da forma de convívio é feito a partir da construção de uma coleção de relatos baseada em entrevistas com um grupo heterogêneo de tipos sociais por exemplo, trabalhador favelado, ex-traficante, familiar de bandido, policial militar, policial civil, militar das Forças Armadas, jornalista, fotógrafo, professor da rede pública, pesquisador, militante de Direitos Humanos, advogado etc. , e, também, da observação flutuante em três favelas, uma delas com tráfico de drogas a varejo armado e ostensivo e as outras duas com Unidades de Polícia Pacificadora (UPPs). Assim, a coleção de relatos e a observação flutuante são articuladas num recorte transversal e não linear orientado para a abordagem dessa ordem de interação emergida por contiguidade entre a ordem social convencional e a violenta, visando capturar a dimensão intersubjetiva e empírica da forma de convívio que junta e separa, simultaneamente, as pessoas que vivem sob ameaça da violência física, do assédio moral e da corrupção do dinheiro, fatores altamente coercitivos e que produzem os deslizamentos de sentido entre as categorias crime, trabalho e consumo.

Nem anjos nem demônios: o crime como uma esfera da vida de jovens e adultos da periferia de Salvador

Este trabalho de dissertação tem por objetivo refleti sobre a inserção e a permanência de jovens da periferia da cidade de Salvador em atividades criminosas. Para a maioria dos entrevistados, a inserção no crime aconteceu ainda nos primeiros anos da adolescência. Hoje eles são jovens-adultos que consideram a atividade criminal um trabalho que possibilita a construção da autonomia de um sujeito-homem. A maioria dos informantes está envolvida especificamente no crime contra o patrimônio, o furto, e a especificidade da ação permite excluí-lo do âmbito do crime violento. A ação criminal elege como locus de atuação lojas de departamento de diferentes shoppings centers da cidade e também festas populares como o carnaval, micaretas, São João e shows de grande porte ao redor do Brasil. Nesta atividade eles se auto intitulam de descuidistas. As teorias acionadas na compreensão do problema em questão foram: teoria do curso de vida, acumulação de desvantagem, controle social e rotulação, além do conceito de construção de um sujeitohomem através do crime. A pesquisa foi realizada em um bairro considerado um dos mais violentos da cidade de Salvador: Fazenda Coutos.

Police Interviews with Victims and Suspects of Violent and Sexual Crimes : Interviewee's experiences and interview outcomes

The police interview is one of the most important investigative tools that law enforcement has close at hand, and police interview methods have changed during the twentieth century. A good police interview is conducted in the frame of the law, is governed by the interview goal, and is influenced by facilitating factors that may affect the elicited report. The present doctoral dissertation focuses on police interviews in cases of very serious crimes of violence and sexual offences. Results reveal crime victims’ and perpetrators’ experiences of being interviewed and police officers’ attitudes towards conducting interviews related to traumatizing crimes. Study 1 revealed that when police officers interviewed murderers and sexual offenders, the interviewees perceived attitudes characterized by either dominance or humanity. Police interviews marked by dominance and suspects’ responses of anxiety were mainly associated with a higher proportion of denials, whereas an approach marked by humanity, and responses of being respected were significantly associated with admissions. In line with Study 1, the victims of rape and aggravated assault in Study 2 also revealed the experience of two police interview styles, where an interviewing style marked by dominance and responses of anxiety was significantly associated with crime victims’ omissions of information. Moreover, a humanitarian interviewing style, and crime victims’ feelings of being respected and co-operative, was significantly related to crime victims providing all information from painful events. Special squad police officers’ attitudes towards interviewing crime victims, in Study 3, also showed a humanitarian approach and two dominant approaches, one affective and the other refusing. The attitude towards interviewing suspects of crimes in focus revealed humanitarian and dominant interviewing attitudes, and an approach marked by kindness. The present thesis shows that, during their entire career, an overwhelming majority of the special squad police officers have experienced stressful events during patrol as well as investigative duty. Results show that symptoms from stressful event exposures and coping mechanisms are associated with negative attitudes towards interviewing suspects and supportive attitudes towards crime victim interviews. Thus, experiences from stressful exposures may automatically activate ego-defensive functions that automatically generate dominant attitudes. Moreover, it is important to offer police officers who have been exposed to stressful events the opportunity to work through their experiences, for example, through debriefing procedures. After debriefings, police officers are better prepared to meet crime victims and suspects and, through conscious closed-loop processes, to conduct police interviews without awaking ego-defensive functions.

Review of Complete Crime and Punishment Series

Some examples of topics covered include undocumented immigrants, guns, and terrorism within Crime and Criminal Behavior, vigilantes, Miranda warnings, and zero-tolerance policing within Police and Law Enforcement; insanity laws, DNA evidence, and victims' rights within Courts, Law, and Justice; gangs and prison violence, capital punishment, and prison privatization within Corrections; and school violence, violent juvenile offenders, and age of responsibility within Juvenile Crime and Justice. Note that Sage offers numerous reference works that provide focused analysis of key topics in the field of criminal justice, such as the Encyclopedia of Crime and Punishment (2002), the Encyclopedia of Race and Crime (2009), the Encyclopedia of Victimology and Crime Prevention (2010), the Encyclopedia of White Collar & Corporate Crime (2004), and the Encyclopedia of Interpersonal Violence (2008), available in print or as e-books via Sage Reference online.

Restructuring Justice: Moving Towards Gender-Responsive Programming and Alternatives to Incarceration for Non-Violent Female Offenders

The United States¿ Federal and State laws differentiate between acceptable (or, legal) and unacceptable (illegal) behavior by prescribing restrictive punishment to citizens and/or groups that violate these established rules. These regulations are written to treat every person equally and to fairly serve justice; furthermore, the sanctions placed on offenders seek to reform illegal behavior through limitations on freedoms and rehabilitative programs. Despite the effort to treat all offenders fairly regardless of social identity categories (e.g., sex, race, ethnicity, socioeconomic status, age, ability, and gender and sexual orientation) and to humanely eliminate illegal behavior, the American penal system perpetuates de facto discrimination against a multitude of peoples. Furthermore, soaring recidivism rates caused by unsuccessful re-entry of incarcerated offenders puts economic stress on Federal and State budgets. For these reasons, offenders, policy-makers, and law-abiding citizens should all have a vested interest in reforming the prison system. This thesis focuses on the failure of the United States corrections system to adequately address the gender-specific needs of non-violent female offenders. Several factors contribute to the gender-specific discrimination that women experience in the criminal justice system: 1) Trends in female criminality that skew women¿s crime towards drug-related crimes, prostitution, and property offenses; 2) Mandatory minimum sentences for drug crimes that are disproportionate to the crime committed; 3) So-called ¿gender-neutral¿ educational, vocational, substance abuse, and mental health programming that intends to equally rehabilitate men and women, but in fact favors men; and 4) The isolating nature of prison structures that inhibits smooth re-entry into society. I argue that a shift in the placement and treatment of non-violent female offenders is necessary for effective rehabilitation and for reducing recidivism rates. The first component of this shift is the design and implementation of gender- responsive treatment (GRT) rather than gender-neutral approaches in rehabilitative programming. The second shift is the utilization of alternatives to incarceration, which provide both more humane treatment of offenders and smoother reintegration to society. Drawing on recent scholarship, information from prison advocacy organizations, and research with men in an alternative program, I provide a critical analysis of current policies and alternative programs, and suggest several proposals for future gender- responsive programs in prisons and in place of incarceration. I argue that the expansion of gender-responsive programming and alternatives to incarceration respond to the marginalization of female offenders, address concerns about the financial sustainability of the United States criminal justice system, and tackle high recidivism rates.

Feelings of revenge, retaliation motive, and posttraumatic stress reactions in crime victims

Individuals with posttraumatic stress disorder (PTSD) are often said to experience strong feelings of revenge. However, there is a need for confirmatory empirical studies. Therefore, in a study of 174 victims of violent crimes, the relation between feelings of revenge and posttraumatic stress reactions was investigated. Feelings of revenge were correlated with intrusion and hyperarousal but not with avoidance. Feelings of revenge explained incremental variance of intrusion and hyperarousalwhen the variance explained by victimological variables was controlled. The retaliation motive implied in feelings of revenge did not account for the relation between feelings of revenge and posttraumatic stress reactions. However, the relation was moderated by the time since victimization. Therefore, feelings of revenge must presumably be regarded as a maladaptive coping reaction to experienced injustice, but not in the first period after victimization.

Secondary victimization of crime victims by criminal proceedings

It is conceivable that criminal proceedings cause psychological harm to the crime victims involved, that is, cause secondary victimization. To investigate this hypothesis, negative and positive effects of criminal proceedings were investigated, as perceived by 137 victims of violent crimes who were involved in trials several years previously. Trial outcome and procedure variables were measured as potential causes of secondary victimization. Results show a high proportion of victims reporting overall negative effects. Powerful predictors were outcome satisfaction and procedural justice, but not subjective punishment severity, interactional justice, and psychological stress by criminal proceedings. The practical implications of the results pertain to whether victims should be advised to report the crime to the police or not, and to appropriate prevention and intervention measures of secondary victimization by criminal proceedings.

Law Enforcement Actions in Urban Spaces Governed by Violent Non-State Entities: Lessons from Latin America

In response to a crime epidemic afflicting Latin America since the early 1990s, several countries in the region have resorted to using heavy-force police or military units to physically retake territories de facto controlled by non-State criminal or insurgent groups. After a period of territory control, the heavy forces hand law enforcement functions in the retaken territories to regular police officers, with the hope that the territories and their populations will remain under the control of the state. To a varying degree, intensity, and consistency, Brazil, Colombia, Mexico, and Jamaica have adopted such policies since the mid-1990s. During such operations, governments need to pursue two interrelated objectives: to better establish the state’s physical presence and to realign the allegiance of the population in those areas toward the state and away from the non-State criminal entities. From the perspective of law enforcement, such operations entail several critical decisions and junctions, such as: Whether or not to announce the force insertion in advance. The decision trades off the element of surprise and the ability to capture key leaders of the criminal organizations against the ability to minimize civilian casualties and force levels. The latter, however, may allow criminals to go to ground and escape capture. Governments thus must decide whether they merely seek to displace criminal groups to other areas or maximize their decapitation capacity. Intelligence flows rarely come from the population. Often, rival criminal groups are the best source of intelligence. However, cooperation between the State and such groups that goes beyond using vetted intelligence provided by the groups, such as a State tolerance for militias, compromises the rule-of-law integrity of the State and ultimately can eviscerate even public safety gains. Sustaining security after initial clearing operations is at times even more challenging than conducting the initial operations. Although unlike the heavy forces, traditional police forces, especially if designed as community police, have the capacity to develop trust of the community and ultimately focus on crime prevention, developing such trust often takes a long time. To develop the community’s trust, regular police forces need to conduct frequent on-foot patrols with intensive nonthreatening interactions with the population and minimize the use of force. Moreover, sufficiently robust patrol units need to be placed in designated beats for substantial amount of time, often at least over a year. Establishing oversight mechanisms, including joint police-citizens’ boards, further facilities building trust in the police among the community. After disruption of the established criminal order, street crime often significantly rises and both the heavy-force and community-police units often struggle to contain it. The increase in street crime alienates the population of the retaken territory from the State. Thus developing a capacity to address street crime is critical. Moreover, the community police units tend to be vulnerable (especially initially) to efforts by displaced criminals to reoccupy the cleared territories. Losing a cleared territory back to criminal groups is extremely costly in terms of losing any established trust and being able to recover it. Rather than operating on a priori determined handover schedule, a careful assessment of the relative strength of regular police and criminal groups post-clearing operations is likely to be a better guide for timing the handover from heavy forces to regular police units. Cleared territories often experience not only a peace dividend, but also a peace deficit – in the rise new serious crime (in addition to street crime). Newly – valuable land and other previously-inaccessible resources can lead to land speculation and forced displacement; various other forms of new crime can also significantly rise. Community police forces often struggle to cope with such crime, especially as it is frequently linked to legal business. Such new crime often receives little to no attention in the design of the operations to retake territories from criminal groups. But without developing an effective response to such new crime, the public safety gains of the clearing operations can be altogether lost.

An analysis of state crime: negotiating multiple insecurities around the U.S. Mexico Border

This research looks into forms of state crime taking place around the U.S.-Mexico border. On the Mexican side of the border violent corruption and criminal activities stemming from state actors complicity with drug trafficking organisations has produced widespread violence and human casualty while forcing many to cross the border legally or illegally in fear for their lives. Upon their arrival on the U.S. side of the border, these individuals are treated as criminal suspects. They are held in immigration detention facilities, interrogated and categorised as inadmissible ‘economic migrants’ or ‘drug offenders’ only to be denied asylum status and deported to dangerous and violent zones in Mexico. These individuals have been persecuted and victimised by the state during the 2007-2012 counter narcotic operations on one side of the border while criminalised and punished by a categorizing anti-immigration regime on the other side of the border. This thesis examines this border crisis as injurious actions against border residents have been executed by the states under legal and illegal formats in violation of criminal law and human rights conventions. The ethnographic research uses data to develop a nuanced understanding of individuals’ experiences of state victimisation on both sides of the border. In contributing to state crime scholarship it presents a multidimensional theoretical lens by using organised crime theoretical models and critical criminology concepts to explain the role of the state in producing multiple insecurities that exclude citizens and non-citizens through criminalisation processes.

Media Gótico: O Crime e seu Duplo Ficcional na Literatura, TV e Cinema

Crime possesses a dual nature deriving from its portrayal in the media leading to duplicity in the act of witnessing crime which by showing reality inevitably transforms it into a different kind of reality. The direct relationship with the Gothic genre is very naturally justified by real crime seeming to replicate fictional crime and vice versa, thus originating various forms of the lack of distinction between reality itself and fictional reality, or between truth and falsehood, which many writers and artists associated with Gothic aesthetics have always relied on, and numerous examples of this can be found in the works of Edgar Poe, Patricia Highsmith, Chuck Palahniuk and many others. While real crime may take the Gothic novel as its prototype, it turns out that nowadays television has taken on this role. Examples of this phenomenon are the recent symptoms of obsessive dependence on TV series such as C.S.I., Criminal Minds, The X Files, The Following and Dexter, showing a tendency for television series to replace Gothic novels, thus revealing a perverse attraction for witnessing violence through the same means that transmit the daily news featuring violent events in different scenarios of war all over the world.

Embodied vulnerabilities : responding to violent encounters through installation practices

This practice-led research was initiated in response to a series of violent encounters that occurred between my fragile installations and viewers. The central focus of this study was to recuperate my installation practice in the wake of such events. This led to the development of a ‘responsive practice’ methodology, which reframed the installation process through an ethical lens developed from Emmanuel Levinas’ ethical phenomenology. The central propositions of this research are the reconceptualisation of ‘violent encounters’ in terms of difference whereby I accept viewers responses, even those which are violent, destructive or damaging, and secondly that the process operates as a generative excess for practice through which recuperative strategies can be found and implemented. By re-examining this process as it unfolded in the three phases of the practical component, I developed strategies whereby violated, destroyed or damaged works could be recuperated through the processes of reconfiguration, reparation and regeneration. Therefore my installations embody and articulate vulnerability but also demonstrate resilience and renewal.

Cate Consandine

The interpretation of evidence dominates contemporary television crime shows. Inanimate objects and disparate facts are made to speak; technology and expert opinion wring out their stories. In examining these dead pieces of evidence, the investigators search for patterns, discovering living perpetrators and fugitives. Psychology comes in where the evidence is interpreted; the investigators try to think through perpetrators' minds and presumably perverse rationales. Objects are examined. Banal things become precious, put into bags, marked, date- and time-stamped, and stepped around carefully. After a crime, the objects involved are different. After a crime show, our gaze is different; everything is potentially incriminating, perverse. Bags without people don't make sense. Under this gaze, objects acquire a psychology. When we look at a crime scene, the evidence violates us. The work of Melbourne artist Cate Consandine is about objects and how they occupy the space that they occupy. In her practice as a sculptor and throughout her studies at the Victorian College of the Arts, the Sydney College of the Arts, and now Monash, her work has cultivated violent ambiguity. Consandine's work extends across a range of different media, particularly vidoe, objects and spaces. Like a crime show, it activates a particular type of inquisition from the viewer.

Modernity and the 'failure' of crime control

Rather than understanding the recurrent failure of various attempts at crime control as unfortunate and undesirable aberrations, all too familiar glitches an otherwise uninterrupted teleological march to a better society, such failures are instead positioned as part of the fabric of late modernity itself. That is, society changes not according to a predetermined logic along neatly defined and clearly reasoned tracks, rather it hurtles from crisis to crisis, from failure to failure, and it is the regulation of that failure which produces new initiatives and new forms of governance. Utilising the example of the modern prison, this chapter contends that too great an emphasis upon this institution’s ‘failure’ results not only in a neglect of the many other functions that it serves in the regulation of difference, but also, and more generally, it results in an underestimation of the importance of failure in providing new impetus for social transformation.