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Journal articles on the topic 'Criminalization of the poverty'

Author: Grafiati

Published: 4 June 2021

Last updated: 14 February 2022

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1

Spencer-Wood, Suzanne M., and Christopher N. Matthews. "Impoverishment, Criminalization, and the Culture of Poverty." Historical Archaeology 45, no. 3 (September 2011): 1–10. http://dx.doi.org/10.1007/bf03376843.

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2

Covin, Larry. "Homelessness, Poverty, and Incarceration: The Criminalization of Despair." Journal of Forensic Psychology Practice 12, no. 5 (October 2012): 439–56. http://dx.doi.org/10.1080/15228932.2012.713835.

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3

Burton, C. Emory. "Cheating Welfare: Public Assistance and the Criminalization of Poverty." Contemporary Sociology: A Journal of Reviews 41, no. 5 (September 2012): 637–39. http://dx.doi.org/10.1177/0094306112457769o.

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4

Mahtani, Sabrina. "Women and the Criminalization of Poverty: Perspectives from Sierra Leone." Signs: Journal of Women in Culture and Society 39, no. 1 (September 2013): 243–64. http://dx.doi.org/10.1086/670919.

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5

Allen, Suzanne, Chris Flaherty, and Gretchen Ely. "Throwaway Moms: Maternal Incarceration and the Criminalization of Female Poverty." Affilia 25, no. 2 (April 29, 2010): 160–72. http://dx.doi.org/10.1177/0886109910364345.

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6

Pimpare, Stephen. "Book review: Cheating Welfare: Public Assistance and the Criminalization of Poverty." Critical Social Policy 32, no. 2 (May 2012): 287–89. http://dx.doi.org/10.1177/0261018311433962c.

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7

Mora, Mariana. "Ayotzinapa and the Criminalization of Racialized Poverty in La Montaña, Guerrero, Mexico1." PoLAR: Political and Legal Anthropology Review 40, no. 1 (May 2017): 67–85. http://dx.doi.org/10.1111/plar.12208.

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8

Perez-Vaisvidovsky, Nadav. "Fathers as Frauds: On the Criminalization of Fathers in the Parental Leave for Fathers Program in Israel." Men and Masculinities 22, no. 2 (March 3, 2017): 127–50. http://dx.doi.org/10.1177/1097184x17696175.

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The criminalization of poverty, the process in which recipients of social security benefits are construed as frauds, is a well-documented phenomenon. Two aspects of this process are the use of stereotypes as a tool in fraud accusations and the targeting of marginalized populations. In this article, I wish to expand the gendered discussion of this phenomenon to men by examining the process of the construction of Israeli fathers wishing to take parental leave as welfare frauds. I will claim that this process is based on gendered assumptions that deny the possibility of fathers wishing to care for their children. The program that allows fathers to share parental leave experiences a high reported rate of fraud by fathers claiming parental leave benefits. However, analysis shows that the evidence does not support these reports and that claims on fraud and abuse are the result of a tendentious interpretation of the data by bureaucrats. This tendentiousness is based, I argue, on implicit assumptions about the nature of men. As this case shows, criminalization of benefit recipients can be targeted at nonmarginalized or even privileged groups. This sheds new light both on the criminalization process and on the workings of the gendered power structure.

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Cisne, Mirla, Viviane Vaz Castro, and Giulia Maria Jenelle Cavalcante de Oliveira. "Unsafe abortion: a patriarchal and racialized picture of women’s poverty." Revista Katálysis 21, no. 3 (December 2018): 452–70. http://dx.doi.org/10.1590/1982-02592018v21n3p452.

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Abstract This article aims to analyze how the reality of criminalized abortion reinforces inequalities of gender, race/ethnicity, and class, which are co-produced within the context of sexage, understood here as the appropriation of women by men, reducing them to the status of thing. The bibliographic and documentary research was carried out, from the perspective of materialistic, historical and dialectical analysis. The main conclusion is that criminalization reinforces the logic of social inequalities in Brazil and the world. This is because poor and black women are the most affected, those who die the most, and because almost all unsafe abortions in the world occur in the peripheric economies. Thus, the consequences of criminalized abortion, whether moral, health or economic, mainly impact poor, black, young women living in peripheral economies.

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10

Mora Bayo, Mariana. "La criminalización de la pobreza y los efectos estatales de seguridad neoliberal: reflexiones desde la Montaña, Guerrero." Revista de Estudos e Pesquisas sobre as Américas 7, no. 2 (December 20, 2013): 174. http://dx.doi.org/10.21057/repam.v7i2.10027.

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El artículo analiza los impactos que tienen las políticas de seguridad y de desarrollo social del Estado mexicano en las vidas de la población indígena en la región de la Montaña, Guerrero. Ofrece una revisión de las lógicas del programa Oportunidades y demuestra cómo generan una desvalorización de la vida de la población indígena que no logra un mejoramiento de su capital social. A su vez, tras una revisión de casos de violaciones a los derechos humanos por parte de las instituciones de seguridad en la Montaña, señala una tendencia hacia la criminalización de la pobreza. Argumenta que, durante la administración de Calderón, los efectos articulados de las políticas neoliberales de desarrollo social y las de seguridad generan una doble permisibilidad de la muerte. palabras-claves: montanã, criminalización, pobreza.---A criminalização da pobreza e os efeitos do estado de segurança neoliberal: reflexões a partir de Montanha, GuerreroO artigo analisa os impactos das políticas de segurança e desenvolvimento social do Estado mexicano na vida da população indígena na região de Motaña, Guerrero. O artigo oferece uma visão geral sobre a lógica do programa Oportunidades e demonstra como desvalorizam a vida da população indígena, que não consegue melhorar o seu próprio capital social. Além disso, após uma revisão dos casos de violações dos direitos humanos por parte das instituições de segurança de Montaña, mostra-se a tendência de criminalizar a pobreza. O texto argumenta argumenta que, durante o governo de Calderón, as articulações das políticas neoliberais de desenvolvimento e segurança geram uma dupla legitimização da morte.Palavras-chave: montaña, criminalização, pobreza.--- The criminalization of poverty and the state effects of neoliberal security: impressions from Montanã, GuerreroThe article analyzes the articulated effects of Mexican State security and social development policies at the end of the Calderón administration, specifically in terms of the impact on the lives of indigenous people in the Mountain region of Guerrero. Upon reviewing cases of human rights violations committed by Mexican State security forces, it signals a tendency toward the criminalization of poverty. It describes the logics behind the social program, Oportunidades, in order to suggest that it generates a devalorization of the lives of those indigenous populations unable to improve their social and cultural capital. The article argues that the effects of this security - development nexus generates a double permissibility of death. keywords: montanã, criminalization, poverty.

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11

Michalsen, Venezia. "Abolitionist Feminism as Prisons Close: Fighting the Racist and Misogynist Surveillance “Child Welfare” System." Prison Journal 99, no. 4 (June 11, 2019): 504–11. http://dx.doi.org/10.1177/0032885519852091.

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The global prison industrial complex was built on Black and brown women’s bodies. This economy will not voluntarily loosen its hold on the bodies that feed it. White carceral feminists traditionally encourage State punishment, while anti-carceral, intersectional feminism recognizes that it empowers an ineffective and racist system. In fact, it is built on the criminalization of women’s survival strategies, creating a “victimization to prison pipeline.” But prisons are not the root of the problem; rather, they are a manifestation of the over-policing of Black women’s bodies, poverty, and motherhood. Such State surveillance will continue unless we disrupt these powerful systems both inside and outside prisons.

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12

Herring, Chris. "Complaint-Oriented Policing: Regulating Homelessness in Public Space." American Sociological Review 84, no. 5 (September 5, 2019): 769–800. http://dx.doi.org/10.1177/0003122419872671.

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Over the past 30 years, cities across the United States have adopted quality-of-life ordinances aimed at policing social marginality. Scholars have documented zero-tolerance policing and emerging tactics of therapeutic policing in these efforts, but little attention has been paid to 911 calls and forms of third-party policing in governing public space and the poor. Drawing on an analysis of 3.9 million 911 and 311 call records and participant observation alongside police officers, social workers, and homeless men and women residing on the streets of San Francisco, this article elaborates a model of “complaint-oriented policing” to explain additional causes and consequences of policing visible poverty. Situating the police within a broader bureaucratic field of poverty governance, I demonstrate how policing aimed at the poor can be initiated by callers, organizations, and government agencies, and how police officers manage these complaints in collaboration and conflict with health, welfare, and sanitation agencies. Expanding the conception of the criminalization of poverty, which is often centered on incarceration or arrest, the study reveals previously unforeseen consequences of move-along orders, citations, and threats that dispossess the poor of property, create barriers to services and jobs, and increase vulnerability to violence and crime.

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13

Cano Menoni, Agustín. "Dangerous poverty. Analysis of the criminalization process of poverty and youth in Uruguay and of the challenges that this process presents to the community psychology." Athenea Digital. Revista de pensamiento e investigación social 14, no. 1 (February 17, 2014): 91. http://dx.doi.org/10.5565/rev/athenead/v14n1.1084.

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14

Dreyer, Benard P. "Racial/Ethnic Bias in Pediatric Care and the Criminalization of Poverty and Race/Ethnicity—Seek and Ye Shall Find." JAMA Pediatrics 174, no. 8 (August 1, 2020): 751. http://dx.doi.org/10.1001/jamapediatrics.2020.1033.

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15

Tuszynska, Agnieszka. "“A Syrup of Passion and Desire”." English Language Notes 59, no. 1 (April 1, 2021): 38–57. http://dx.doi.org/10.1215/00138282-8814972.

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Abstract This article examines the politics of transgressive pleasure and desire in Claude McKay’s novel Romance in Marseille, as a response to what Achille Mbembe, departing from Foucault’s notion of biopower, has termed necropolitics. In the novel, the interlocking hegemonic systems of racism and capitalism function as mechanisms of necropower—the power of determining whose lives are deemed worthy and whose bodies are deemed disposable—which is executed through the procedures of mutilation, surveillance, poverty, and sexual exploitation. Foregrounding the titular “romance,” McKay’s novel features characters who engage in romantic and sexual relationships that subvert the expectations of heteronormativity, sexual economy, and the color line. Anticipating the twenty-first-century theories that locate sovereign power in the body, McKay politicizes and radicalizes desire as a response to the racialization, criminalization, and dehumanization of his novel’s lumpen characters.

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16

King, Shani M. "The Center on Children & Families." Daedalus 148, no. 1 (January 2019): 88–92. http://dx.doi.org/10.1162/daed_a_00539.

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The University of Florida Levin College of Law Center on Children and Families addresses the instability many children face due to a wide range of challenges. They include poverty, violence, and the criminalization of youth of color. They also include inadequate health care, substandard educational opportunity, and the general failure of systems designed to support, protect, and treat children who are classified as dependent, delinquent, or otherwise in need. The Center's model rests on five premises that Professor Barbara Woodhouse and colleagues identified in their scholarship as essential for addressing crises rather than mitigating symptoms: curriculum, scholarship, conferences, advocacy, and clinics. Over the years, the Center has held numerous conferences to advance groundbreaking, practical research on family law and children's rights and has held youth summits in connection with those conferences to engage with youth on relevant legal issues. These efforts remain at the conceptual heart/core of the Center's work.

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17

Smith, Sydney M. "Review of Not a Crime to Be Poor: The Criminalization of Poverty in America Not a Crime to Be Poor: The Criminalization of Poverty in America. New York: The New Press. 320 pages. ISBN: 978-1-62097-163-5. Hardcover, $27. Peter Edelman. 2017." Poverty & Public Policy 10, no. 3 (September 2018): 414–16. http://dx.doi.org/10.1002/pop4.225.

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18

Stajduhar, Kelli I., Melissa Giesbrecht, Ashley Mollison, Naheed Dosani, and Ryan McNeil. "Caregiving at the margins: An ethnographic exploration of family caregivers experiences providing care for structurally vulnerable populations at the end-of-life." Palliative Medicine 34, no. 7 (April 27, 2020): 946–53. http://dx.doi.org/10.1177/0269216320917875.

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Background: People experiencing structural vulnerability (e.g. homelessness, poverty, racism, criminalization of illicit drug use and mental health stigma) face significant barriers to accessing care at the end-of-life. ‘Family’ caregivers have the potential to play critical roles in providing care to these populations, yet little is known regarding ‘who’ caregivers are in this context and what their experiences may be. Aim: To describe family caregiving in the context of structural vulnerability, to understand who these caregivers are, and the unique challenges, burdens and barriers they face. Design: Critical ethnography. Setting/participants: Twenty-five family caregivers participated. Observational fieldnotes and semi-structured interviews were conducted in home, shelter, transitional housing, clinic, hospital, palliative care unit, community-based service centre and outdoor settings. Results: Family caregivers were found to be living within the constraints of structural vulnerability themselves, with almost half being street family or friends. The type of care provided varied greatly and included tasks associated with meeting the needs of basic survival (e.g. finding food and shelter). Thematic analysis revealed three core themes regarding experiences: Caregiving in the context of (1) poverty and substance use; (2) housing instability and (3) challenging relationships. Conclusion: Findings offer novel insight into the experiences of family caregiving in the context of structural vulnerability. Engaging with family caregivers emerged as a missing and necessary palliative care practice, confirming the need to re-evaluate palliative care models and acknowledge issues of trust to create culturally relevant approaches for successful interventions. More research examining how ‘family’ is defined in this context is needed.

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19

Kornbluh, Felicia. "Cheating Welfare: Public Assistance and the Criminalization of Poverty. By Kaaryn Gustafson. New York: New York University Press, 2011. 238 pp. $28.00 paper." Law & Society Review 46, no. 4 (December 2012): 923–25. http://dx.doi.org/10.1111/j.1540-5893.2012.00521.x.

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20

Western, Bruce, Jaclyn Davis, Flavien Ganter, and Natalie Smith. "The cumulative risk of jail incarceration." Proceedings of the National Academy of Sciences 118, no. 16 (April 12, 2021): e2023429118. http://dx.doi.org/10.1073/pnas.2023429118.

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Research on incarceration has focused on prisons, but jail detention is far more common than imprisonment. Jails are local institutions that detain people before trial or incarcerate them for short sentences for low-level offenses. Research from the 1970s and 1980s viewed jails as “managing the rabble,” a small and deeply disadvantaged segment of urban populations that struggled with problems of addiction, mental illness, and homelessness. The 1990s and 2000s marked a period of mass criminalization in which new styles of policing and court processing produced large numbers of criminal cases for minor crimes, concentrated in low-income communities of color. In a period of widespread criminal justice contact for minor offenses, how common is jail incarceration for minority men, particularly in poor neighborhoods? We estimate cumulative risks of jail incarceration with an administrative data file that records all jail admissions and discharges in New York City from 2008 to 2017. Although New York has a low jail incarceration rate, we find that 26.8% of Black men and 16.2% of Latino men, in contrast to only 3% of White men, in New York have been jailed by age 38 y. We also find evidence of high rates of repeated incarceration among Black men and high incarceration risks in high-poverty neighborhoods. Despite the jail’s great reach in New York, we also find that the incarcerated population declined in the study period, producing a large reduction in the prevalence of jail incarceration for Black and Latino men.

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KUHN, C., and R. S. SCHEFFEL. "Criminalização da pobreza: Um estudo sobre a transformação do Estado social para o Estado penal (Criminalization of poverty: a study about the transformation of the welfare State to the criminal State)." emancipacao 16, no. 2 (2016): 255–72. http://dx.doi.org/10.5212/emancipacao.v.16i2.0005.

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Stajduhar, Kelli I., Melissa Giesbrecht, Ashley Mollison, and Margo d'Archangelo. "“Everybody in this community is at risk of dying”: An ethnographic exploration on the potential of integrating a palliative approach to care among workers in inner-city settings." Palliative and Supportive Care 18, no. 6 (May 7, 2020): 670–75. http://dx.doi.org/10.1017/s1478951520000280.

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AbstractObjectiveAt the end of life, the need for care increases. Yet, for structurally vulnerable populations (i.e., people experiencing homelessness and poverty, racism, criminalization of illicit drug use, stigma associated with mental health), access to care remains highly inaccessible. Emerging research suggests that enhancing access to palliative care for these populations requires moving care from traditional settings, such as the hospital, into community settings, like shelters and onto the street. Thus, inner-city workers (ICWs) (e.g., housing support and community outreach) have the potential to play pivotal roles in improving access to care by integrating a “palliative approach to care” in their work.MethodDrawing upon observational field notes and interview data collected for a larger critical ethnographic study, this secondary thematic analysis examines ICWs’ (n = 31) experiences providing care for dying clients and garners their perspectives regarding the constraints and facilitators that exist in successfully integrating a palliative approach to care in their work.ResultsFindings reveal three themes: (1) Approaches, awareness, and training; (2) Workplace policies and filling in the gaps; and (3) Grief, bereavement, and access to supports. In brief, ICWs who draw upon harm reduction strategies strongly parallel palliative approaches to care, although more knowledge/training on palliative approaches was desired. In their continuous work with structurally vulnerable clients, ICWs have the opportunity to build trusting relationships, and over time, are able to identify those in need and assist in providing palliative support. However, despite death and dying is an everyday reality of ICWs, many described a lack of formal acknowledgement by employers and workplace support as limitations.Significance of resultsFindings contribute promising practices for enhancing equitable access to palliative care for society's most vulnerable populations by prioritizing front-line workers’ perspectives on how best to integrate a palliative approach to care where structurally vulnerable populations live and die.

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23

Marmul, Larisa. "Economic mechanism of safety agricultural enterprises." Problems of innovation and investment-driven department, no. 18 (February 18, 2019): 4–12. http://dx.doi.org/10.33813/2224-1213.18.2019.1.

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Subject of research – theoretical and applied aspects of formation and improvement of economic mechanism of management of safety of agrarian enterprises. The purpose of the article is to identify threats and challenges of the safety of agrarian enterprises and to justify the tools and components of the economic mechanism for managing its preservation and enhancement. The methodology of the work is the use of general scientific and special methods and methods of research based on modern scientific concepts of managerial, economic and related sciences and the main provisions of economic theory, scientific works of domestic and foreign scientists on the problems of theory and practice of management of the safety of agrarian enterprises. The results of the work – considered the main challenges, problems and priorities of the formation of the security of agricultural enterprises and management. According to them, the components of the mechanism for its implementation are proposed. Particular attention is paid to the need to address the problems of rural areas, the possible monopolization of agrarian markets by large agricultural corporations, and to overcome the corruption of the economy in the agro-sphere. The important role of the influence of factors of national and regional security on the mechanism of management of safety of agrarian enterprises is determined. The directions of improvement of the economic mechanism of management of safety of agrarian enterprises are grounded. Conclusions – considering the main problems of socioeconomic security and their solution in the long term, the focus should be focused on such challenges as: depression of rural areas; poverty of the rural population; the presence of refugees, the criminalization of the economy and society. Their overcoming is not only within the competence of the mechanism of management of agrarian enterprises, but also of the activities of rural communities.

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24

Lee, George Chak man. "Police corruption: a comparison between China and India." Journal of Financial Crime 25, no. 2 (May 8, 2018): 248–76. http://dx.doi.org/10.1108/jfc-10-2017-0096.

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Purpose There is no comparative research into the Chinese (PSB) police and the Indian police generally and none on police corruption in particular. This paper aims to show what police corruption and malpractices look like in China and India and offer up some suggestions as to why wide spread malpractices persists. Design/methodology/approach Horses’ mouth qualitative research is supported by primary public and police survey data. Findings There are many similarities in corruption “tricks of the trade” in both the countries, as well as in the reasons for its persistence. However, petty police corruption is more pervasive and less subtle in India. But both the forces suffer from politicization of policing, criminalization of politics, culture of tolerance towards substantive justice over procedural justice and master/servant attitude towards the public. In China, the police have administrative powers beyond criminal legislation, and Indian corruption is underscored by the culture of “Jugaad”. Research limitations/implications This is largely a qualitative research, so the usual arguments regarding limitations on its generalization applies. However, the insights in this article may provide some understanding of this under-researched topic and may stimulate further research in this field. It may also offer pointers to potential solutions for practitioners and policymakers. Practical implications By providing data on what corruption looks like and why it persists, policymakers can use the findings of this study to develop measures to address them. In so doing they would create a police service in India and China that is less prone to corruption and misconduct, thereby increasing public trust in these institutions. Social implications Peace and security is a prerequisite condition for economic and social modernization through the rule of law. Reform of the police is a critical success factor in this process. Therefore, by reforming the police, India and China stand a better chance of eradicating poverty and reducing inequality. Originality/value There is little in the way of research into the Chinese Police and none into Chinese police corruption. There is also no comparative study of the Chinese and Indian police generally and none on police corruption in particular.

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25

Lamb, H. Richard. "Reversing Criminalization." American Journal of Psychiatry 166, no. 1 (January 2009): 8–10. http://dx.doi.org/10.1176/appi.ajp.2008.08101515.

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26

Cornford, Andrew. "Preventive Criminalization." New Criminal Law Review 18, no. 1 (2015): 1–34. http://dx.doi.org/10.1525/nclr.2015.18.1.1.

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The criminal laws of many states make increasing use of preventive offenses—offenses that aim to prevent a given type of harm by targeting conduct prior to the causation of that harm. Academic commentators have largely been skeptical about such offenses. Their most potent criticism is that many preventive offenses do not target culpable wrongdoing of a kind that warrants censure and punishment through the criminal law. This article responds to this argument. Its principal contention is that some preventive offenses may be rationalized as targeting regulatory or malum prohibitum wrongs. Even if conduct does not yet cause or risk causing harm, it may warrant penalization as part of a regulatory scheme aimed at preventing that harm. This is shown to have significant implications for the legitimacy of some offenses targeted by the skeptics—in particular, offenses targeting the possession of weapons such as knives or firearms.

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Bendor, Ariel L., and Hadar Dancig-Rosenberg. "Unconstitutional Criminalization." New Criminal Law Review 19, no. 2 (2016): 171–207. http://dx.doi.org/10.1525/nclr.2016.19.2.171.

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May criminalization constitute a violation of a constitutional right? This question has rarely been discussed directly in the legal literature. This Article offers a novel and fully developed normative framework for courts to review the constitutionality of substantive criminal law. It suggests a distinction between extra- and intra-constitutional approaches, offers a critique of existing approaches, and proposes a new intra-constitutional approach to the distinction between criminal offenses that may constitute an infringement upon constitutional rights and those that do not. The Article suggests that a constitutional right against criminalization may apply (and only apply) to activities that have substantive positive social value and do not impose any substantive social harm. The Article recommends some criteria for applying this framework.

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Maidank, Kiva. "Corruption, Criminalization, Kleptocracy." Russian Politics & Law 36, no. 1 (January 1998): 5–35. http://dx.doi.org/10.2753/rup1061-194036015.

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BURR, ANGELA. "Criminalization of drugs." Nature 342, no. 6245 (November 1989): 12. http://dx.doi.org/10.1038/342012a0.

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Edwards, James. "CRIMINALIZATION WITHOUT PUNISHMENT." Legal Theory 23, no. 2 (June 2017): 69–95. http://dx.doi.org/10.1017/s1352325217000210.

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ABSTRACTWhat is the relationship between a theory of permissible criminalization and a theory of permissible state punishment? One answer runs as follows: to identify the conditions under which it is permissible to criminalize, we must first identify the conditions under which it is permissible for the state to punish. The latter set of conditions doubles as part of the former set. Call this the punishment thesis. It is a thesis with some prominent advocates, but explicit defenses are hard to find. In this paper, I ask how such a defense might proceed. Section I clarifies the punishment thesis itself. Sections II–IV consider a number of arguments in its favor. My contention is that none of these arguments succeeds. Unless a better argument can be found, we should reject the punishment thesis.

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Ashworth, Andrew, and Lucia Zedner. "Prevention and Criminalization." New Criminal Law Review 15, no. 4 (2012): 542–71. http://dx.doi.org/10.1525/nclr.2012.15.4.542.

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Prevention is an important facet of criminalization, but one that must be subject to principled constraint if it is not to result in overextension of the criminal law. This article surveys the scope and forms of prevention within criminal law, analyzes its justifications and limits, and considers whether and when prevention might better be pursued through civil or regulatory procedures. In so doing, it seeks to clarify the place of prevention within criminal law and to develop restraining principles for criminalization whose purpose is predominantly preventive.

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Duff, R. A. "Symposium on Criminalization." Criminal Law and Philosophy 8, no. 1 (November 10, 2013): 147–48. http://dx.doi.org/10.1007/s11572-013-9277-y.

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33

Hörnle, Tatjana. "Theories of Criminalization." Criminal Law and Philosophy 10, no. 2 (April 11, 2014): 301–14. http://dx.doi.org/10.1007/s11572-014-9307-4.

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Mitsilegas, Valsamis. "The normative foundations of the criminalization of human smuggling: Exploring the fault lines between European and international law." New Journal of European Criminal Law 10, no. 1 (March 2019): 68–85. http://dx.doi.org/10.1177/2032284419834363.

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The aim of this article is to examine the different manifestations of the criminalization of human smuggling and to provide a critique of the normative foundations of such criminalization. A wide range of conduct has been criminalized as human smuggling in international and European law. This conduct ranges from organized crime to exploitation and violence to humanitarian assistance to irregular entry, with recent calls being made for smuggling to be treated as a crime against humanity. The article will examine the criminalization of human smuggling critically, by providing a taxonomy of the claimed and real normative foundations for such criminalization. The analysis will cast light on the ambiguity behind the criminalization of human smuggling and evaluate critically attempts to adopt a ‘catch-all’ approach to criminalization. The limits of this approach will be demonstrated, in particular by highlighting the considerable differences in criminalization approaches at United Nations and at European Union level.

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Wilenmann, Javier. "Framing Meaning through Criminalization." New Criminal Law Review 22, no. 1 (2019): 3–33. http://dx.doi.org/10.1525/nclr.2019.22.1.3.

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Contemporary legal scholarship on criminalization focuses on evaluating the legitimacy of legislative decisions according to abstract standards of justice. In recent years, socio-legally oriented scholarship has attempted to do away with this focus by linking the theory of criminalization to the study of the real trends of criminal law enforcement. The article offers a critique of both approaches in what refers to the traditional area of application of the theory of criminalization, namely symbolic criminalization. It argues that whereas traditional papers discuss the legitimacy of the “enforcement of morality” through the criminal law, symbolic criminalization conflicts actually originate in disputes about meaning in plural societies. The real question that this phenomenon poses is thus not whether the enforcement of neutral morality is legitimate, but rather whether meaning framing through criminalization is.

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Deutsch, Michael E., and Erica Thompson. "Secrets and Lies: The Persecution of Muhammad Salah (Part II)." Journal of Palestine Studies 38, no. 1 (2008): 25–53. http://dx.doi.org/10.1525/jps.2008.38.1.25.

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Among the handful of high-profile terrorism cases in which the U.S. government has failed to win convictions in jury trials, that of Muhammad Salah stands out. Like the cases against Sami Al-Arian, Abdelhaleem Ashqar, and the Holy Land Foundation, the case against Salah was built on the criminalization of political support for the Palestinian resistance. But while the Palestinian-Israeli conflict is at the core of all four cases, Salah's, unlike the others, was primarily about Israel: the case was manufactured in Israel, the evidence on which it was based was generated in Israel, and its prosecution depended on close U.S.-Israeli cooperation at every turn. Salah, a Palestinian-American Chicago resident and former grocer, was arrested in Israel in January 1993 while on a mission to distribute money to poverty-stricken Palestinians in the occupied territories. Accused of being a U.S.-based Hamas terrorist commander, he was interrogated by Shin Bet, tried before a military tribunal, and spent almost five years in prison in Israel. While the U.S. initially supported Salah and rejected Israel's accusations against him, in January 1995 he became (while still in prison) the first and (to date) only U.S. citizen to be branded a ““specially designated terrorist”” by his government. Upon his return home in November 1997, he was one of the main targets of an intensive terrorism funding investigation, dropped in 2000 for lack of evidence but reactivated in 2002 in the wake of 9/11. In this two-part exclusive report, Salah's lawyers recount for the first time the details of their client's labyrinthine case. Part I focused on the Israeli phase of the story, including the political context of Salah's arrest, and the investigations and legal proceedings launched against him in the United States when he returned. In essence, part I laid the foundation for the trial to come, emphasizing in particular its complex legal underpinnings and implications as well as its importance as a ““test case.”” Part II focuses on the post-9/11 period that unfolded under the George W. Bush Justice Department, starting with Salah's indictment in November 2004, continuing with the two years of contentious pretrial preparations and hearings, and ending with the trial itself. As in part I, the legal dimensions of the case are emphasized, as are the government's maneuvers to advance new standards governing the admissibility of coerced confessions and secret evidence at trial and to manipulate other established principles of the U.S. criminal justice system. This article deals solely with Muhammad Salah, but Abdelhaleem Ashqar, a former professor of business administration in Virginia, was his codefendant at trial. Both were indicted, along with twenty other coconspirators, for participation in a fifteen-year ““racketeering conspiracy”” to ““illegally finance terrorist activities”” in Israel and the occupied territories, as well as for several lesser charges. The two men had never met before the trial opened in October 2006. Despite the common charge, their cases were very different and went forward in parallel fashion, with different lawyers, witnesses, arguments, and entirely separate pretrial proceedings. When the jury trial ended in February 2007, both men were acquitted of all terrorism-related charges.

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Farmer, Lindsay. "TERRITORIAL JURISDICTION AND CRIMINALIZATION." University of Toronto Law Journal 63, no. 2 (April 2013): 225–46. http://dx.doi.org/10.3138/utlj.1117-3.

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Derencinovic, Davor. "Criminalization of illegal enrichment." Freedom from Fear 2009, no. 4 (July 11, 2009): 18–22. http://dx.doi.org/10.18356/d6c478e6-en.

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Marshall, S. E., and R. A. Duff. "Criminalization and Sharing Wrongs." Canadian Journal of Law & Jurisprudence 11, no. 1 (January 1998): 7–22. http://dx.doi.org/10.1017/s0841820900001661.

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In colloquial speech the terms ‘crime’ and ‘criminal’ have a use which, though connected to the strictly legal notion of criminality, goes well beyond it. It is a way of indicating a serious condemnation of an activity or action. Similarly, when people say of something “There ought to be a law against it,’ they are not necessarily speaking literally, though they might be. Nonetheless, even when they are speaking colloquially and figuratively in using this expression, it is clear that the ‘law’ here is the criminal law and not the civil law. The sense that ‘something ought to be done’ expressed in these usages reflects the idea that there is a kind of wrong which demands a collective response rather than just an individual one. The figurative, colloquial use trades, of course, on the literal one. However, pace Devlin, it requires more than a general feeling of outrage to characterise just what kinds of wrongs are appropriately categorised as crimes. The enduring debates concerning the distinction between crime and tort bear witness to the fact that such a characterisation is far from easy.These academic debates can be situated against the background of wider philosophical discussions about the relationship between the individual and the collective, the private and the public, and the way in which these pairs of concepts map onto one another. We might agree with George Fletcher that “Blackstone had a point in identifying crimes as public wrongs and torts as private wrongs”: the criminal law should deal with those kinds of wrong which are matters of public concern, and which therefore require a collective response from the whole community; wrongs which are, by contrast, properly the concern only of the private or individual victim should be dealt with under the civil law. What is far less clear, however, is how we should characterise that distinction.

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Chiao, Vincent. "Equality, Assurance and Criminalization." Canadian Journal of Law & Jurisprudence 27, no. 1 (January 2014): 5–25. http://dx.doi.org/10.1017/s0841820900006202.

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The criminal law has at least two goals: to provide a degree of protection to a variety of individual and collective interests, and to communicate to those to whom it applies that those interests are protected. The question I consider is whether the criminal law should be used to advance the second goal independently of its use in advancing the first. Drawing on what I refer to as non-comparative egalitarianism, I argue that it should not. After developing a general argument for this claim, I turn to considering its implications for the criminalization of hate speech, focusing specifically on a line of argument found both in the Supreme Court of Canada’s s.2 jurisprudence as well as Jeremy Waldron’s recent book,The Harm in Hate Speech. I also briefly consider a structurally similar, but broader argument – recently defended by Alon Harel – which suggests that there is a constitutional duty to criminalize conduct that would, if engaged in, interfere with a person’s dominion over how her life goes, regardless of whether criminalization would or would not drive down the actual incidence of the targeted conduct. I claim that egalitarians should not recognize any such duty.

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Johannes, Patrick M. "The Criminalization of Medicine." Emergency Medicine News 25, no. 1 (January 2003): 4. http://dx.doi.org/10.1097/00132981-200301000-00004.

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Melander, Sakari. "Criminalization and its limitations." Peking University Law Journal 5, no. 1 (January 2, 2017): 51–75. http://dx.doi.org/10.1080/20517483.2017.1330809.

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Militello, Vincenzo, and Alessandro Spena. "Between Criminalization and Protection." Brill Research Perspectives in Transnational Crime 2, no. 1-2 (May 31, 2019): 1–82. http://dx.doi.org/10.1163/24680931-12340007.

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AbstractThis double issue is focused on migrant smuggling and human trafficking. Both subjects are mainly treated from an Italian perspective; however, since these crimes have a generally transnational character, the analysis also takes international (UN) and supranational (EU) measures into account. Moreover, in both parts, the legal perspective is supplemented by the phenomenological/criminological one (based on both media reports and judicial case-studies), so as to grasp the practical aspects emerging from the different ways in which migrant smuggling and human trafficking are de facto committed: in particular, the links between these two and other crimes are underscored, as well as the involvement of criminal organizations in their perpetration. Finally, both parts are driven by a human rights-oriented approach, which gives relevance to dignity of persons as a fundamental meta-value of our legal systems.

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Lamb, H. Richard. "Does Deinstitutionalization Cause Criminalization?" JAMA Psychiatry 72, no. 2 (February 1, 2015): 105. http://dx.doi.org/10.1001/jamapsychiatry.2014.2444.

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Bülow, William, and Gert Helgesson. "Criminalization of scientific misconduct." Medicine, Health Care and Philosophy 22, no. 2 (August 28, 2018): 245–52. http://dx.doi.org/10.1007/s11019-018-9865-7.

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Ballard, Ellen, and Brent Teasdale. "Reconsidering the Criminalization Debate." Criminal Justice Policy Review 27, no. 1 (December 17, 2014): 22–45. http://dx.doi.org/10.1177/0887403414561255.

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Pavlich, George. "Captive Habits of Criminalization." New Criminal Law Review 21, no. 4 (2018): 492–513. http://dx.doi.org/10.1525/nclr.2018.21.4.492.

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The 19th century proved to be an important moment for a discursive capture through which—as Foucault (1995) has famously described—diverse disciplinary powers expanded omnisciently to form modern, “carceral” societies. Included here was a regulatory focus on crime, capturing (identifying) criminals, and correcting them. The following paper examines specifically how Patrick Colquhoun approached such regulation by emphasizing “immoral habits” as a cause of crime that could be regulated, in concert, by civil society and criminal law. He called for the development of effective discipline-based policing to capture and control criminals in civil society, and to enable their subsequent arrogation by criminal law. Alongside Bentham’s panoptic surveillance, Colquhoun’s views on criminal habits called for expanding disciplined criminalization that tied social and legal governance. Two aspects of Colquhoun’s influential ideas are highlighted; namely, the social formation of immoral habits as the cause of crime, and the need for “energetic” systems of policing to embrace habits of criminalization. Together, these approaches to habit fostered massive, costly, and unequal criminal justice institutions that today form tenacious, marginalizing, and unequal relations of captivity. The scope of such enduring captivities might be curtailed by recalling their contingent emergence through historically distant trends, and by questioning their costly collective effects.

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Tofangsaz, Hamed. "Criminalization of Terrorist Financing." New Criminal Law Review 21, no. 1 (2018): 57–140. http://dx.doi.org/10.1525/nclr.2018.21.1.57.

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This article analyzes the criminalization provisions of the International Convention for the Suppression of the Financing of Terrorism, the backbone of the legal regime for the prevention of terrorist financing. It makes a detailed examination of the background of the Convention and the nature of the negotiation discussions that led to its adoption. The drafters of the Convention were faced with two problems: first, how to define terrorism, terrorist acts, and terrorist groups, the financing of which should be addressed; second, the precise scope of the offense, in particular, how to define the preparatory acts of financing as an independent offense. This article argues that the definition of the offense provided by the Convention is far too ambiguous, and its application at national levels can often lead to an unjustifiable and unfair criminal law.

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Millie, A. "Value Judgments and Criminalization." British Journal of Criminology 51, no. 2 (February 21, 2011): 278–95. http://dx.doi.org/10.1093/bjc/azr009.

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Priel, Dan. "Criminalization, Legitimacy, and Welfare." Criminal Law and Philosophy 12, no. 4 (November 9, 2017): 657–76. http://dx.doi.org/10.1007/s11572-017-9451-8.

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