THEORETICAL CRIMINOLOGY

Probation and the shadow carceral state: Legal envisioning from Minnesota
Phelps MS and Seligman E
The transformation of US punishment in the late 20th century was defined not just by mass imprisonment, but the growth of a shadow carceral state of administrative and civil sanctions, including technical violations of probation and parole that smooth the pathway to prison. We consider the role of technical violations in the shadow carceral state through the lens of lived experience, analyzing interviews with adults on probation in Hennepin County, Minnesota, conducted in 2019. Building on the concept of legal envisioning, we ask how people subject to probation experience the threat of violations and what they imagine would be helpful to avoid them. Ultimately, these perspectives illuminate the need for transformative changes to dismantle the shadow carceral state and raise challenging questions about the role of care in punishment.
Gestalt contexture and contested motives: Understanding video evidence in the murder trial of Officer Michael Slager
Watson PG
This article is situated in ongoing discussions about the influx of images of police violence. To date, much scholarship has centred on Foucauldian notions of knowledge-power and . Alternatively, I attend to how video evidence produces understanding of police violence in court through a case study of the murder trial of Officer Michael Slager who shot and killed Walter Scott in North Charleston, South Carolina. While audio and video evidence of the moments leading up to Slager's decision to shoot was presented, cross-examination focused more explicitly on post-shooting conduct as evidence. This approach highlights an issue for video evidence, that what is to be settled at trial may not be directly re-presented in video. Gurwitsch's notion of and Garfinkel's adaptation thereof are proposed as an alternative means of interrogating video evidence.
Irreducibly Social: Why Biocriminology's Ontoepistemology is Incompatible with the Social Reality of Crime
Burt CH
Professing interactionist bio + social terminology, contemporary biocriminology asserts a break from its biologically essentialist past. Assurances notwithstanding, whether biocriminology has undergone a decisive paradigm shift rejecting notions of biological criminals and bad brains remains uncertain. Unfortunately, discussions of biocriminology's assumptions are mired in politics, obscuring important scientific issues. Motivated to clarify misunderstanding, I address the ontoepistemology of biocriminology from a scientific realist perspective. Drawing on familiar notions of crime as a social construction, I explain how and why biocriminology's ontoepistemology is inconsistent with the social reality of crime for scientific not ideological reasons. I explain that recognizing crime is a social construction does not imply that crime is not real or objective and cannot be studied scientifically. On the contrary, the irreducibly social nature of crime requires that scientific realists reject assumptions of 'biological crime' as well as the biologically reductionist epistemology on which biocriminology depends.
Private security and national security: The case of Estonia
Light M, Singh AM and Gold J
Most studies of private security postulate exclusively internal, primarily economic, causes of the industry's growth and regulation. In contrast, based on the case of post-Soviet Estonia, we investigate how a state's external security environment influences private security. Estonia's tense relations with neighbouring Russia and related pursuit of EU and NATO membership have generated several policies through which private security evolved from a lawless, politically contested industry to a modest, lightly regulated one: (1) the exclusion of public police from private security and an effective campaign against organized crime that together enabled an autonomous and non-criminalized security industry to emerge, (2) free-trade policies that permitted western companies to acquire Estonian security firms, and (3) an 'all-of-nation' approach to national security that promotes comprehensive state-civil society security cooperation. Estonia thus clarifies how high politics shapes private security, while also revealing the factors that make the industry relatively uncontentious in most industrialized democracies.
Corona crimes: How pandemic narratives change criminal landscapes
Sandberg S and Fondevila G
The epidemic psychology of pandemics creates an atmosphere of panic and fear that can expedite new laws and facilitate criminogenic narrative arousal. Using narrative criminology, we discuss crimes that emerged from pandemic narratives in the early phases of the disease in Mexico. We show how pandemic master narratives have unexpected criminogenic effects; can be negotiated to make them criminogenic; and are opposed by more fundamentally criminogenic counter-narratives. We also show how pandemics repurpose justifications for traditional crimes and offer an opportunity for narrative repositioning of "criminals". Societal crises intensify the continuous narrative negotiation that always underlies the meaning of crime. Pandemics can therefore act as a prism through which social scientists can see how crime is an ongoing narrative accomplishment.
The social construction of the value of wildlife: A green cultural criminological perspective
van Uhm DP
The trade in wildlife is not a new phenomenon. The earliest civilizations were linked to the trade in live animals and parts thereof, from the Egyptian pharaohs to aristocrats in the modern era. This article focuses on the history of the wildlife trade in order to understand the social construction of the value of wildlife. In dynamic social and cultural contexts, the meaning of wildlife changes. Historically, exotic animals and the products thereof were associated with social elites, but today, wildlife attracts people from all walks of life and a wide variety of live animals and products thereof are traded for functional, symbolic and social purposes. Increasing ecocentric and biocentric values in contemporary western society, however, may influence constructed demand patterns for wildlife in the near future. By integrating cultural criminological concepts with the social construction of green crimes, this article aims to understand constructed wildlife consumerism through the ages.
Can we avoid reductionism in risk reduction?
Prins SJ and Reich A
Risk assessment and risk reduction have become increasingly central to criminal justice policy and practice in the last 25 years. Yet there remains a lack of consensus both on the theoretical and methodological foundations of risk and on its social and practical implications. Some proponents see risk assessment and reduction as solutions to the inefficiencies and injustices of contemporary mass incarceration. Some critics see actuarial risk as being partially for mass incarceration, and warn that recent iterations will only reinscribe existing inequalities under a new guise of objectivity. Both perspectives contain elements of truth, but each falls short because neither adequately specifies the different dimensions of risk that condition its effects. Using two prominent frameworks as foils, this article excavates the contested terrain of risk assessment and exposes a set of distinctions that can inform the use-and prevent the abuse-of risk knowledge in criminal justice policy.
Gangs and a global sociological imagination
Fraser A and Hagedorn JM
Across the globe, the phenomenon of youth gangs has become an important and sensitive public issue. In this context, an increasing level of research attention has focused on the development of universalized definitions of gangs in a global context. In this article, we argue that this search for similarity has resulted in a failure to recognize and understand difference. Drawing on an alternative methodology we call a 'global exchange', this article suggests three concepts-homologies of habitus, vectors of difference and transnational reflexivity-that seek to re-engage the sociological imagination in the study of gangs and globalization.
Postcolonial penality: Liberty and repression in the shadow of independence, India c. 1947
Brown M
This article reports primary archival data on the colonial penal history of British India and its reconfiguration into the postcolonial Indian state. It introduces criminologists to frameworks through which postcolonial scholars have sought to make sense of the continuities and discontinuities of rule across the colonial/postcolonial divide. The article examines the postcolonial life of one example of colonial penal power, known as the criminal tribes policy, under which more than three million Indian subjects of British rule were restricted in their movements, subject to a host of administrative rules and sometimes severe punishments, sequestered in settlements and limited in access to legal redress. It illustrates how at the birth of the postcolonial Indian state, encompassing visions of a liberal, unfettered and free life guaranteed in a new Constitution and charter of Fundamental Rights, freedom for some was to prove as elusive as citizens as it had been as subjects.
Collectors on illicit collecting: Higher loyalties and other techniques of neutralization in the unlawful collecting of rare and precious orchids and antiquities
Mackenzie S and Yates D
Trafficking natural objects and trafficking cultural objects have been treated separately both in regulatory policy and in criminological discussion. The former is generally taken to be 'wildlife crime' while the latter has come to be considered under the auspices of a debate on 'illicit art and antiquities'. In this article we study the narrative discourse of high-end collectors of orchids and antiquities. The illicit parts of these global trades are subject to this analytical divide between wildlife trafficking and art trafficking, and this has resulted in quite different regulatory structures for each of these markets. However, the trafficking routines, the types and levels of harm involved, and the supply-demand dynamics in the trafficking of orchids and antiquities are actually quite similar, and in this study we find those structural similarities reflected in substantial common ground in the way collectors talk about their role in each market. Collectors of rare and precious orchids and antiquities valorize their participation in markets that are known to be in quite considerable degree illicit, appealing to 'higher loyalties' such as preservation, appreciation of aesthetic beauty and cultural edification. These higher loyalties, along with other techniques of neutralization, deplete the force of law as a guide to appropriate action. We propose that the appeal to higher loyalties is difficult to categorize as a technique of neutralization in this study as it appears to be a motivational explanation for the collectors involved. The other classic techniques of neutralization are deflective, guilt and critique reducing narrative mechanisms, while higher loyalties drives illicit behaviour in collecting markets for orchids and antiquities in ways that go significantly beyond the normal definition of neutralization.
Fracturing the Penal State: State Actors and the Role of Conflict in Penal Change
Rubin A and Phelps MS
The concept of a penal or carceral state has quickly become a staple in punishment and criminal justice literature. However, the concept, which suffers from a proliferation of meanings and is frequently undefined, gives readers the impression that there is a single, unified, and actor-less state responsible for punishment. This contradicts the thrust of recent punishment literature, which emphasizes fragmentation, variegation, and constant conflict across the actors and institutions that shape penal policy and practice. Using a case study of late-century Michigan, this paper develops an analytical approach that the penal state, demonstrating that, far from a unified entity, it is a messy, often conflicted amalgamation of the various branches and actors in charge of punishment and the ways they resist the aims and policies sought by their fellow state actors. Ultimately, we argue that fracture is itself a variable that scholars must measure empirically and incorporate into their accounts of penal change.