Vous êtes sur la page 1sur 39

2

Domestic Crime, Transnational Crime, and Justice

What to Look For


How do domestic crime and transnational crime differ? What do comparative criminologists study? What do comparative criminal justice scholars study? What are the main problems when comparing crime data from two or more countries? What are some examples of transnational crime? How might terrorist organizations be grouped by ideology? How has transnational crime been responded to at the national and international levels?

COUNTRIES WITH MORE THAN PASSING REFERENCE


Australia England Mexico United States

2009934348

28
Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

Chapter 2

Domestic Crime, Transnational Crime, and Justice

29

Rosa was 13 and waiting tables at a restaurant in her small village near Vera Cruz, Mexico. A family acquaintance told her she could make 10 times more money in the United States doing the same thing. And, he added, he knew someone who could find her a job in Texas that would allow her to send money home to her family. If she didnt like the job, a new one would be found for her. If she got homesick, shed be brought back across the border. It was a no lose opportunity! Rosas parents forbade her to go. Her friends warned her not to accept the offer. Acting against both family and friends, Rosa secretly accepted the offer, went to the main hotel in town on a Friday evening, and got in a waiting car with several other young girls from neighboring villages. Rosa and the other girls were eventually smuggled into the United States through Texas to Florida. Upon her arrival in Florida, she was told that her job would consist of having sex with men for money. Because she was a virgin, her new employers repeatedly raped her to teach her how to have sex. Rosa was confined to trailers, where she serviced customers throughout the day. Because her customers did not always wear condoms, Rosa was twice impregnated, twice forced to have an abortion, and was returned to the brothel both times almost immediately. She was guarded 24 hours a day and, after her single attempt at escape, was pistol-whipped around the head and face in front of the other girlsto deter them all (Miller, 2005). Rosa was a victim of several crimes. The illegal entry into the United States, the rape, and the forced prostitution are the most obvious, but we can assume that she also suffered from other violent and property crimes. The crimes, both by and against Rosa, count (assuming they were reported and recorded) in the crime tally for the state where they occurred. These are offenses that we consider to be domestic crime because they are crimes that take place within the borders of the United States. Rosa was also the victim of another type of offense: the transnational crime of trafficking in persons. Like other transnational crimes, trafficking in persons involves criminal activity in two or more countries. Domestic crime and transnational crime provide the subject matter for the field of study known as comparative criminology. Those interesting topics compose much of the material for this chapter. Also interesting is how countries respond to domestic and transnational crime. That topic, which is the concern for comparative justice scholars, is addressed briefly in this chapter but is the theme for much of the rest of the book. COMPARATIVE CRIMINOLOGY AND CRIMINAL JUSTICE 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

2009934348

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

30

Chapter 2

Domestic Crime, Transnational Crime, and Justice

criminal justice with its interest in determining how various countries attempt to maintain social order and accomplish justice. This book is about comparative criminal justice and has as its theme the procedures and processes established to identify, adjudicate, and punish law violators in countries around the world. This chapter, however, focuses on comparative criminology because a complete understanding of a countrys criminal justice system must include an appreciation of that countrys domestic crime and criminals. Similarly, because the phenomenon of transnational crime propels much of todays multinational cooperation, it behooves comparative criminal justice to understand transnational crime and criminals. Comparative Criminology Looks at Crime as a Social Phenomenon When comparative criminologists study crime as a social phenomenon, they try to identify commonalities and differences in crime patterns among divergent cultures (Barak-Glantz & Johnson, 1983). There is obvious overlap with the next section because variation in crime rates (crime as a social phenomenon) must first be established before behavioral explanations (crime as social behavior) are offered. 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. Both problems are addressed here.
Comparing Similar Data

There is an understandable tendency to compare, contrast, and even rank countries in terms of general and specific crime rates, yet this is too often done without understanding the limits of such a portrayal. Countries increasingly appreciate the importance of comparative work but are concerned that statistics will be used for developing more best places to live types of rankings rather than for increasing the understanding of domestic crime issues. Numerical rankings based on crime data should be undertaken only with caution for very good reasons. Consider, for example, differences in the legal definitions of crime. In the absence of a universally agreed upon definition of what constitutes a particular crime, there is always the chance that data on a specific crime in two countries do not actually compare similar acts. The European Sourcebook of Crime and Criminal Justice Statistics provides a relevant example (Council of Europe, 2003a). Countries were asked to use the following crime definition when recording data about rape: Rape means sexual intercourse with a person against her/his will (per vaginam or other). Where possible, the other than vaginal penetration could include violent intramarital intercourse, sexual intercourse without force with a helpless person, or sexual intercourse

2009934348

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

Chapter 2

Domestic Crime, Transnational Crime, and Justice

31

YOU SHOULD KNOW!


COMPARING WITH CAUTION The temptation to compare countries on the basis of reported crime requires significant restraint. Lewis (1999) and Newman and Howard (1999) provide many reasons for caution that can be grouped under four broad categories: Statistics Are Political Statements The open announcement of a countrys crime statistics is often made only after the information has been rigorously checked for both its validity and for 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. 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. 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. Varying Social Features Affect Crime Rates Countries where telephones are more common tend to report a higher proportion of crime. Countries where household insurance is more developed report a higher proportion of crime. 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.
2009934348 Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

32

Chapter 2

Domestic Crime, Transnational Crime, and Justice

with force with a minor. However, sexual intercourse with a minor without force and other forms of sexual assault were to be excluded. When providing their crime data for the European Sourcebook (Council of Europe, 2003a), countries were asked to indicate when they deviated from the provided definition of a crime. If a person simply compared Switzerlands rape rate with that of Latvia (2.6 per 100,000 population in both countries in 2000) without attention to definitional differences, the two countries appear to have similar rape rates. However, Switzerlands data followed the standard definition in all respects, but Latvia excluded acts other than vaginal penetration. Upon recognizing the additional acts included in Switzerlands data compared with the Latvia data, we can understand thatdespite the similar statistics the two countries may not have similar rape rates. 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. For example, the 2000 International Crime Victims Survey (van Kesteren, Mayhew, & Nieuwbeerta, 2000) of 17 industrialized countries shows considerable range in how often crimes are reported in different countries. Fewer than one-third of robbery offenses were reported to the police in Japan and France, but more than 70% of the robberies in Northern Ireland were reported. Nearly 80% of bicycle thefts were reported in Belgium compared to about one-half in the United States. Car thefts were usually reported in all 17 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 a report can be made (e.g., the number of police stations or telephones), 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 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. For example, different social norms in some societies may make it almost impossible for women to report cases of rape or sexual abuse while in other societies women are encouraged to come forward. Upon comparing Mexicos 2002 rape rate (14.26 per 100,000 population) to that of the United States (32.99), one might assume that rape occurs less often in Mexico (U.N. Office on Drugs and Crime, 2005a). Upon considering how social norms in Mexico dramatically inhibit the reporting of rape ( Jordan, 2002a); however, it is apparent that such comparison would yield inaccurate conclusions. In addition to considering how accurately a crime is reported in countries being compared, it is also necessary to determine how recording practices may
Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

2009934348

Chapter 2

Domestic Crime, Transnational Crime, and Justice

33

vary. 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 nopriority. Savage (1997) found errors such as the miscalculation of rates and percentages by more than 100 errors in cross-national crime data reported by the Interpol. Also, the efficiency of criminal justice agencies is likely to make a difference. Higher rates of recorded crime in some countries may simply reflect more efficient and thorough systems for reporting and recording crime in those countries. Similarly, low rates of recorded crime rates may simply reflect system inefficiency. The result of all of this is that crime statistics probably tell us as much about a countrys justice organization as about its crime rate. 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! Figure 2.1 provides interesting and useful information as long as the data are considered in the
2002 Crime Rates in Selected Countries Sweden Finland Netherlands Canada Germany South Africa Switzerland United States* Italy Argentina Japan Mexico Peru Saudi Arabia Philippines 0 604 387 107 2000 4000 6000 8000 10000 12000 14000 16000 2244 1504 4220 4119 3868 3675 5919 8814 8025 7888 10006 13837

Crimes Recorded in Police Statistics per 100,000 Population FIGURE 2.1

2009934348

Crime Rates In Selected Countries, 20021 1 Figure developed from The Eighth United Nations Survey on Crime Trends and the Operations of Criminal Justice Systems (20012002), United Nations, March 31, 2005. Data available at http://www.unodc.org/unodc/en/crime_cicp_survey_eighth.html. *The placement of the United States in the middle of these countries should not be taken to mean the U.S. crime rate falls in the middle of all countries in the world.

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

34

Chapter 2

Domestic Crime, Transnational Crime, and Justice

context of appropriate cautions. To the extent that one can show similar defining, reporting, and recording practices between, for example, Finland and Canada, it may be safe to draw conclusions regarding Finlands crime rate in relation to Canadas. The key point is to ensure that similar data are being compared.
Comparing Over Time

An even more 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. A good example of using comparison in this manner is shown in Figure 2.2. The first is a study comparing the crime rates among eight countries, including the United States. The second study compares crimes among selected European countries. Farrington, Langan, and Tonry (2004) were interested in how crime rates change over time and across countries. Identifying the changes that occur and observing trend differences among countries can provide criminologists with the basic information needed to develop, test, and modify crime theories. To
3.00

2.50

United States

2.00

1.50 Canada 1.00 Netherlands 0.50 Switzerland Australia 0.00 1981 FIGURE 2.2 1983 1985 1987 1989 1991 Scotland

England & Wales

Sweden

1993

1995

1997

1999

Recorded Robbery Rates in Eight Countries (rate per 1,000 population)1 1 Figure developed from Cross-national Studies in Crime and Justice (NCJ 200988) (Figure 2b, p. xi), by D. P. Farrington, P. A. Langan, and M. Tonry, 2004. Washington, DC: Bureau of Justice Statistics.

2009934348

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

Chapter 2

Domestic Crime, Transnational Crime, and Justice

35

WEB PROJECT OVERCOMING COMPARISON PROBLEMS

Get the Adobe version of the study by Farrington, Langan, and Tonry at http://www.ojp.usdoj.gov/bjs/pub/pdf/cnscj.pdf and read the three columns on Method (pp. iiiiv). Write a few paragraphs that explain how these authors tried to overcome some of the methodological problems associated with cross-national comparison of crime data. Do you think they were reasonably successful in identifying the key problems and in the manner they tried to overcome them?

show how cross-national comparisons can be conducted, Farrington and his colleagues gathered data on burglary and robbery from the eight countries between 1981 and 1999. Figure 2.2 shows trends in the crime of robbery among eight countries. Several intriguing questions come up when looking at the trends over this period. Why did the robbery rate in the United States decline in the 1990s while increasing during that same decade in England and Wales? How have countries such as Canada and Switzerland been able to maintain a relatively stable robbery rate? Is there reason to believe that Australias robbery rate will continue to climb and eventually be similar to that in the United States and in England and Wales? As we see later in this chapter, these are the types of questions that comparative criminology tries to answer when they view 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.
Using United Nations Crime Data

2009934348

Several organizations are making available some key statistics on crime and justice in countries around the world. Especially important data sets today are those provided by the United Nations Office on Drugs and Crime (UNDOC). Beginning in the 1970s and continuing today, the periodic United Nations Survey on Crime Trends and Operations of Criminal Justice Systems is becoming increasingly sophisticated and complete in its coverage. 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 (U.N.) surveys provide a standard classification of crime definitions and justice categories. Over the years, more and more countries have adapted their own statistical definitions and procedures to coincide with the standard U.N. categories. As a result, more countries are providing data with each survey

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

36

Chapter 2

Domestic Crime, Transnational Crime, and Justice

sweep. 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 countrys questionnaire is filled out (Newman & Howard, 1999). The surveys are available electronically at the Web site for the UNODC (see http://www.unodc.org/unodc/en/crime_cicp_surveys.html) with the most recent being the Ninth Survey, which covers 20032004. As an example of the usefulness of the survey data, consider homicide, which is an especially interesting crime for comparison purposes. In addition to being universally considered the most serious of offenses, homicide rates appear to be especially reliable indicators of the actual occurrence of that crime (see Newman & Howard, 1999, pp. 1213). Table 2.1 shows the 2002 homicide rate for selected countries in Africa, the Americas, Asia, and Europe. Grouping of countries as done in Table 2.1 (using U.N. geographic regions) can be useful for comparisons, but one cannot be sure what is represented by those groups. Newman and Howard (1999) point out that regional groupings are often made without a clear idea of what ties the countries in a region togetherother than geographical proximity. For example, comparing Africas rate with Asias (at least with the countries used here) may not be a useful as comparing Arab countries (North Africa and Western Asia in Table 2.1) with some other grouping. Or, maybe comparison of countries based on their official language (e.g., German, for the countries listed as Western Europe in Table 2.1 versus the Spanish-speaking countries in South America) 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 groupedand oftentimes that reason is based on a theory that is being tested. For example, as we will see subsequently, some crime theories find it helpful and relevant to group countries on the basis of modernization or civilization indicators.
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 are making greater use of victimization surveys, which have been found to provide a more complete picture of crimes occurrence. At the international level, this move toward victim surveys as a means to compare crime cross-nationally has relied on the International Crime Victim Survey (ICVS), sponsored by the U.N. Interregional Crime and Justice Research Institute (UNICRI). Since the first survey sweep in 1989, the ICVS has conducted four sweeps with the most recent being the 2000 International

2009934348

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

Chapter 2

Domestic Crime, Transnational Crime, and Justice

37

TABLE 2.1 HOMICIDE RATES IN 2002 FOR SELECTED COUNTRIES BY REGION (PER 100,000 POPULATION) Africa North Morocco Tunisia South Namibia South Africa 13.90 0.85 0.48 1.22 26.94 6.35 47.53 Asia Southern Maldives Nepal Western Kuwait Oman Saudi Arabia Europe Eastern Belarus Czech Republic Poland Northern Denmark Finland United Kingdom Southern Albania Croatia Italy Western Austria Germany Switzerland 1.74 3.11 2.79 3.42 0.83 0.99 0.59 0.92 2.76 4.71 9.96 2.29 1.87 1.87 1.04 2.54 2.03 2.86 5.68 1.79 1.12 1.61 0.81 1.11 2.92

Americas Central Costa Rica El Salvador Mexico Panama North Canada United States South Argentina Bolivia Peru Uruguay

11.07 15.15 6.44 31.54 13.04 9.56 3.65 1.67 5.62 5.75 9.47 2.82 4.25 6.46

Note. Table developed from The Eighth United Nations Survey on Crime Trends and the Operations of Criminal Justice Systems (20012002) (Table 2.2, pp. 2829), United Nations, March 31, 2005. Available at http://www. unodc.org/unodc/en/crime_cicp_survey_eighth.html.

2009934348

Crime Victim Survey. The fifth round of the ICVS was conducted in 20042005, and publication of results is anticipated by early 2007 (check at http://www. unicri.it/wwd/analysis/icvs/index.php). All survey data are available electronically for researchers, but many will find the reports summarizing the survey findings to be sufficient for most purposes (see U.N. Interregional Crime and Justice Research Institute, n.d.). Overall victimization rates in industrialized countries from the 2000 survey showed relatively high counts (above 24% of the respondents in each

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

38

Chapter 2

Domestic Crime, Transnational Crime, and Justice

IMPACT
GUNS IN AMERICA A goal of comparative studies is to provide a point of contrast so we can better understand our own country. As more countries participate in projects such as the U.N. Survey on Crime Trends and Operations of Criminal Justice Systems (U.N. Survey) and the International Crime Victim Survey (ICVS), it is possible to place crime in the United States in a broader context. Using data from both the U.N. Survey and the ICVS, van Dijk and Kangaspunta (2000) note that crime in the United States is rather similar to that in Canada. Both the United States and Canada have relatively high burglary rates and car-related crimes. When compared with England, however, the United States may have less of a burglary problem. Langan and Farrington (1998) used victim surveys and police statistics to conclude that Englands burglary rate was almost double Americas, as was its motor vehicle theft rate. However, while the United States may look relatively good in regard to property crimes, the picture is not so rosy for violent crime. Despite the fact that serious violent crimes are relatively more prevalent in the countries of the former Soviet Union (e.g., Estonia, Kazakhstan, and the Russian Federation), the United States stands out with high rates, especially in contrast to other industrialized nations such as Canada and the Western European countries (van Dijk & Kangaspunta). The violent crimes of homicide and robbery are especially high in the United States, where those crimes often involve the use of guns. In fact, a frequent explanation for the greater violence in America is the countrys high rate of gun ownership. Presumably, the more lethal the weapon being used in a violent confrontation, the more likely that death will be the result. In countries where lethal weapons are more readily available, therefore, we might expect homicides to be higher. Indeed, an international study of firearm regulation found that, in general, countries with higher firearm ownership rates among their citizens also have higher firearm-related death rates, including homicide rates (Walker, 1999).

country) in Australia, Canada, England and Wales, the Netherlands, and Sweden (the United States showed 21%). Countries with relatively low counts (under 20%) included Finland, Catalonia (Spain), Japan, Northern Ireland, Portugal, and Switzerland (van Kesteren et al., 2000). As with police crime rate data, the real value of cross-national crime victim statistics is in identifying trends over time rather than showing one-time rankings of countries. When analyzing trends from the ICVS sweeps, van Kersteren and colleagues find a general consistency in country positions over the years. Australia, the Netherlands, and England and Wales have consistently ranked high relative to

2009934348

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

Chapter 2

Domestic Crime, Transnational Crime, and Justice

39

To complicate an otherwise straightforward conclusion, though, we have the odd fact that Finland and the United States report the highest rates of civilian firearm ownership but Finland has a much lower rate for homicide victims killed by a firearm than America (Walker, Figure 6.4 & Figure 6.7). Consequently, data like these are seldom considered the final answer for either side in the firearm debate. Since 1997 each state and territory in Australia has implemented the Nationwide Agreement on Firearms. That agreement provides uniformity in a country where firearm laws had previously differed greatly across the states and territories. When the merits of the agreement were being debated, it was not unusual to have the United States put forward as an example; the Australian Institute of Criminology (AIC) issued a press release in 1996 noting that Australias rate of firearmrelated homicide was 0.4 per 100,000 population compared to 0.7 in Canada and 6.3 in the United States. In the United Kingdom, where guns are less pervasive, the firearm homicide rate was 0.1 per 100,000 (Australian Institute of Criminology, 1996). Responding to that data, the Great Australian Gun Law Con Web site complained that the AIC was engaging in cherry picking data by choosing only those examples that supported its argument. The anti-gun-control argument was that the AIC had ignored data from other countries and had not allowed for any cultural differences among countries. Offering its own country comparisons, the Gun Law Con Web site noted that Switzerland and Norway are almost saturated with military firearms and have little firearms control yet a lower gun-death rate than Australia. In addition, Mexico, with strict firearm controls, borders the United States and has a gun-death rate more than double Americas (Gun Law Con, 2000). The debate continues, and the increased availability of reliable crime statistics from a larger number of countries will mean more opportunity for the United States to compare its crime problem with crime in other countries. In doing so, Americans may be able to better determine our relative strengths and weaknesses.

2009934348

others, while Japan, Northern Ireland, and Finland consistently have ranked low overall on victimization. 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, victimizations, 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

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

40

Chapter 2

Domestic Crime, Transnational Crime, and Justice

YOU SHOULD KNOW


VICTIMIZATION RATES Information from victimization studies can be quite useful for increasing our understanding of crime within countries. The following are examples of information learned from the 2000 International Crime Victims Survey (van Kesteren et al., 2000). The risk of having a car stolen was highest in Australia, England and Wales, and France, but victims of auto theft in Belgium, Japan, the Netherlands, and Poland were least likely to get their cars back suggesting proportionally more professional theft. Having something stolen from a car (e.g., luggage, radios, car mirrors) was more common in Australia, England and Wales, Poland, and the United States. Bicycle theft is highest in countries where more bicycles are owned and, where bicycle theft is common, stealing cars occurs less often.

Robbery was comparatively uncommon in all countries, but risks


were highest in Australia, England and Wales, and Poland. Robbery risks were lowest in Japan and Northern Ireland. Women in Australia, England and Wales, Finland, and Sweden were most at risk of sexual assault (i.e., incidents described as rape, attempted rape, or indecent assaults) while women in Japan, Northern Ireland, Poland, and Portugal were least at risk. The most common reason for not reporting in all countries was that the incident was not serious enough or there was no loss. The idea that police could not do anything about what happened was also frequently mentioned, but few victims mentioned fear or dislike of the police as their reason for not reporting.

When asked how safe they feel walking alone in their area after dark,
persons in Australia, Catalonia, and Poland were most anxious, and those in Sweden and the United States were least anxious.

criminal behavior. Crime and victimization data are also necessary for that goal, as we see in the next section. Comparative Criminology Looks at Crime as Social Behavior When looking at crime as social behavior, criminologists develop and test theories about crimes etiologythat is, its causes, origins, and distribution.
2009934348

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

Chapter 2

Domestic Crime, Transnational Crime, and Justice

41

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 (Beirne & Nelken, 1997; Newman & Howard, 2001). 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. Because they have played a greater role in crossnational research to date, we look at examples of grand theory explanations.
Modernization Theories

Grand theories typically assume that a single theoretical construct has significant impact on a nations crime level. Shelleys (1981) Crime and Modernization 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 crimes 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.
Civilization Theory

2009934348

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 17th, 18th, and 19th 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 (1982) 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 (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 modernizationcivilization 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).

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

42

Chapter 2

Domestic Crime, Transnational Crime, and Justice

However, the modernization-civilization proponents argue that violence directed against the self (e.g., suicide, drug abuse) will occur more often as civility increases.
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.
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. Howard and colleagues (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. Similarly, Schichors (1990) study of homicide and larceny rates indicated that development is likely to be accompanied by increased property and decreased violent crime. 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,

2009934348

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

Chapter 2

Domestic Crime, Transnational Crime, and Justice

43

regardless of country, we will have valuable information about criminal acts although our knowledge about motivation to commit those acts will not necessarily be advanced. To this point, our review has emphasized how comparative criminology seeks to measure and explain domestic crime cross-nationally. The crime and victim data sets are designed to measure the occurrence and reporting of criminal acts within a particular country. Comparative criminologists then use that information to identify similarities and differences in crime types and occurrence (i.e., crime as a social phenomenon) or to extend our understanding of criminal behavior (i.e., crime as social behavior). The 21st century brought a new, nondomestic type of crime to intrigue and challenge comparative criminologists. These transnational crimes are not confined to national borders but have impact across many nations. TRANSNATIONAL CRIME Louise Shelley (n.d.), director of the Transnational Crime and Corruption Center, suggests that transnational crime will be as much a defining issue for 21st-century policymakers as was the Cold War for the 20th century and colonialism for the 19th century. Few comparative criminologists would disagree with her assessment. As a simple indication of the increasing globalization of crime, consider just the following: In a dimly lit Internet caf in Nigeria, clusters of teenage boys hover around aging computer screens composing deceptive e-mails that will be sent to foreign (especially American) e-mail addresses in an attempt to get the recipient to send money (McLaughlin, 2005). The DEAs Operation Cyber Chase targeted e-traffickers who illicitly distributed drugs worldwide using rogue Internet pharmacies. Arrests were made in Australia, Canada, Costa Rica, India, and the United States (U.S. Department of State, 2005b). Following an established Balkan route, traffickers move women and childrenwho have been deceived with promises of a better lifefrom Bulgaria, through Romania and Hungary, to Germany (Di Nicola, 2005). In contrast to the general agreement about the growing impact of transnational crime is the divergence of opinion regarding the specific crimes included in that categorization. That problem is, in turn, linked to the difficulty of defining transnational crime. In reference to similar acts, authors have used the terms cross-national crime, global crime, international crime, and transnational crime. Of those, both international crime and transnational crime have shown staying power and are being distinguished from one another. Natarajan (2005) explains that international crime is generally used to refer to acts that threaten world

2009934348

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

44

Chapter 2

Domestic Crime, Transnational Crime, and Justice

order and security (e.g., crimes against humanity, war crimes, and genocide), whereas transnational crimes are criminal acts that span national borders, violating the laws of several countries. The emphasis here is on transnational crime. Transnational Crime Types Transnational crimes encompass a variety of distinct activities (see Adler, Mueller, & Laufer, 2001). Nine types are discussed here with a brief note explaining eight of them. More extensive coverage is given to the ninth type, terrorism. 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. A single person might be able to conceive and begin a crime in one country, move through several other countries in the process of accomplishing the crime, and then complete it in yet another country, but the likelihood seems very remote. Much more likely, and certainly more efficient, is the reliance on several individuals and groups in many countries working together to complete the crime. Rather than having a separate category called transnational organized crime, this list assumes that each of the specific crime types has an organized crime component.
Computer Crime

Computers are linked to criminal activity in two general ways. The first way is the use of the computer as a tool in committing a crimeas in the moneylaundering crime category that follows. When a crime is committed through the use of a computer, it is often referred to as cybercrime. The second way is the use of the computer itself as a target of the criminal act. This is typically what is being referred to by the term computer crime. 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 (Wagner, 2002). Lipson (2002, p. 3) makes the interesting observation that historical attacks on a nations essential services have required a physical attack that crossed the nations borders slowly enough that it was subject to recognition and interception by that nations military. At least some physical evidence would be left that would allow for tracking, tracing, and identifying the perpetrator and the tools or weapons used. Today, and more so in the future, the speed and global connectivity of the Internet allows cyberattackers to ignore national boundaries and to leave little electronic evidence that can be used to track or trace them. Other than noting that there is a steady increase in reported computer crime, it is essentially impossible to estimate its extent internationally, or even nationally (Marshall, Robinson, & Kwak, 2005). In fact, the Computer Emergency Response Team (the agency organized to, among other things, collect

2009934348

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

Chapter 2

Domestic Crime, Transnational Crime, and Justice

45

data about attacks on computers in the United States) decided in 2004 to stop publishing the number of reported incidents because attacks have become so commonplace that little information can be gleaned from the numbers (Computer Emergency Response Team, 2006).
Corruption and Bribery of Public Officials, Party Officials, and Elected Representatives

For many people, corruption and bribery are recognized more as domestic issues than as transnational crimes. A closer look makes it clear, however, that systemic corruption in one country can contribute to crime at the global level and thus is a problem that the international community must face (Transnational Crime and Corruption Center, 2004). Corruption presents obstacles to democracy and the rule of law, as can be seen especially in the democracies emerging from the former Soviet Union. In addition to the negative impact on the political front, corruption also affects a nation economically, damages the social fabric of a society, and can result in environmental degradation (Transparency International, 2006a). In 2005 Transparency International released results from its Global Corruption Barometer, which surveyed nearly 55,000 people in 69 countries regarding their beliefs about corruption (Transparency International, 2006b). Respondents were asked to rate, on a scale of 1 to 5, the extent to which they perceived institutions in their country to be affected by corruption. Political parties were the institution deemed most corrupt (the highest rating in 45 of the 69 countries), with an average rating of 4.0 (a 3.9 average rating in the U.S. sample). In other countries, the police (especially Cameroon, Ghana, and Nigeria) or the legal system/judiciary (Georgia and Macedonia) was perceived as the most corrupt institution. 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 terrorismor at best, are not inclined to help thwart it.

WEB PROJECT WHOM DO YOU TRUST?

2009934348

Visit Transparency Internationals surveys and indicies page at http:// www.transparency.org/policy_research/surveys_indices and find the most current TI Global Corruption Barometer survey. Prepare a table that compares the United States and any three other countries of your choice in terms of the average corruption rating respondents in each of the four countries gave to the following institutions: political parties, police, legal system/judiciary, media, and education system. Write a paragraph offering your explanation for the differences found.

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

46

Chapter 2

Domestic Crime, Transnational Crime, and Justice

Illicit Drug Trafficking

Organized crime networks that are loosely related to each other, both geographically and at the various levels of production and marketing, control the illicit traffic in narcotic drugs. Since the beginning of the 20th century, the United Nations and its predecessor, the League of Nations, have collected global data on the illicit drug supply. The annual World Drug Report (find the most current version at U.N. Office on Drugs and Crime, 2006c) provides analysis and statistics on production, trafficking, and abuse of the heroin, cocaine, cannabis, and amphetamine markets. The 2005 World Drug Report estimates that 200 million people, about 5% of the worlds population age 1564, used drugs at least once in the preceding year. For comparison purposes, the report also notes that about 30% of the general adult population use tobacco, and about half use alcohol. The most significant illicit drugs in terms of treatment demand, hospitalization, overdose, drug-related mortality, involvement of organized crime, and drug-related violence, are heroin and cocaine. However, the most widely produced, trafficked, and consumed drug is cannabis, with an estimated 161 million people consuming either cannabis herb (marijuana) or cannabis resin (hashish) in the preceding year (U.N. Office on Drugs and Crime, 2005b). A significant problem in international drug control is the difficulty of making comparisons among countries and over time. To accomplish that task, it is necessary to establish benchmarks from which variation over time can be determined. Concerns about oversimplification of a very complex problem have forestalled most attempts at establishing the necessary indicators, but in 2005 the U.N. Office on Drugs and Crime (UNODC) took preliminary steps toward creating just such an index. The Illicit Drug Index (IDI) attempts to provide a single standard measure of the drug problem in a way that allows direct comparison across regions/countries and over time (U.N. Office on Drugs and Crime, 2005b). The IDI is a composite of three subindex that reflect drug production, drug trafficking, and drug abuse in a country. Figure 2.3, showing the first use of the IDI from the 2005 World Drug Report, suggests that the Near and Middle East/South-West Asia region is severely affected by the drug problem. It has the highest drug production problem and the largest trafficking problem and suffers from significant levels of drug abuse (U.N. Office on Drugs and Crime, 2005b). The drug problem in North America is primarily drug abuse, whereas in South-East Europe (Turkey and the Balkan countries) it is primarily linked to trafficking. Being able to identify the extent of a country/region drug problem in this manner should improve the targeting of assistance by the international community and make the IDI of great benefit in efforts at international drug control.

2009934348

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

Chapter 2

Domestic Crime, Transnational Crime, and Justice

47

Near and Middle East/South-West Asia South America North America Oceania Central Asia and Transcaucasian countries West & Central Europe Southeast Europe East Europe Caribbean Central America North Africa Southern Africa East and South-East Asia West and Central Africa South Asia East Africa 11.36 mean FIGURE 2.3 22.72 34.08 45.44 56.80 Production Trafficking Abuse

Illicit Drug Index, Per Capita, by Subregion and Component, 20021 1From World Drug Report 2005Volume 1: Analysis (p. 173), 2005. U.N. Office on Drugs and Crime. Retrieved June 1, 2006, from http://www.unodc.org/pdf/WDR_2005/volume_1_web.pdf.

Money Laundering

2009934348

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 (Adamoli, 2002). However, that link to the proceeds of crime is no longer an essential element in the definition. 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. Money laundering typically takes place in a three-stage process (see Figure 2.4) wherein funds are moved from direct association with the crime (called placement), hidden in the accounts of a legitimate business (layering), then made available to the criminal again (integration) as earnings from a business that has a plausible reason for generating that much cash (Blum, Levi, Naylor, & Williams, 1998; Joyce, 2005). In its simplest form, when the sums involved are relatively small, money laundering takes place in the same jurisdiction as the crime. For example,

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

48

Chapter 2

Domestic Crime, Transnational Crime, and Justice

FIGURE 2.4

The Money Laundering Cycle1 1From United Nations Office on Drugs and Crime, http://www.unodc.org/unodc/en/money_laundering_cycle.html. Used with permission.

winning tickets at race tracks or from state lotteries can be purchased by the laundererprobably paying the true winner a premiumthen presented for payment. 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. 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. One and a half million dollars in $100 bills will fit nicely into two regular size briefcases, or one might choose to carry $1.2 million in a single doctors bag (Cockeyed.com, 2002). Where inspection of hand luggage is tight, bulk cash can be moved through checked personal luggage, especially when traveling by ship. Or the money can be stuffed into bulk commercial containers whose sheer volume defeats any systematic efforts to monitor them (Blum et al., 1998). Once the money is abroad, it must be moved through the international payments system to hide the trail (layering). Despite stereotypes, it would be unwise for an individual to simply open a numbered account and deposit the money since bank secrecy can often be waived in the event of a criminal investigation. Instead, an instant-corporation manufacturing business could be created (or was previously created) in places such as the Cayman Islands, the British Virgin Islands, or Panama, where the deposit can be made in the name of that companypreferably where the owners identity is protected by corporate secrecy laws. Finally, the money can be made available again (integration) as simply as by using a debit or credit card issued by an offshore bank. ATM

2009934348

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

Chapter 2

Domestic Crime, Transnational Crime, and Justice

49

withdrawals or card purchases are settled by automatic deduction from a foreign bank account or by the card holder periodically transferring the required funds from one foreign bank account to another (Blum et al., 1998). By this process, criminals (including those engaged in corruption or planning terrorist acts) are able to hide illicit monies or fund illegal activities.
Sea Piracy

Piracy brings to mind crimes and criminals more often remembered from literature than from history. The apprehension, boarding, and robbery of vessels and/or persons at sea (Livingstone, 2002), however, although no longer in its golden age, certainly still exists. Individuals and vessels from many nations operating in both national and international waters continue to make piracy an example of transnational crime. Pirates are active todayespecially in the South China Sea, the Indian Ocean, and East Africaas they attack todays large, small-crewed vessels with high-value cargoes. With their small, high-speed vessels, pirates can chase, catch, and board their larger targets before the crew suspects that anything is wrong (Livingstone). The International Maritime Organization (2006) reports that between 1984 and December 2005, nearly 4,000 incidents of piracy and armed robbery against ships worldwide have occurred. In 2005 alone, there were 266 reported acts. Most of the attacks occurred in territorial waters while the ships were at anchor or berthed. In many of the cases, crews were violently attacked by groups of five to ten people carrying guns or knives. In addition to being assaulted, crew members were also taken hostage or kidnapped. Between 1984 and March 2003, 3,001 incidents of piracy and armed robbery against ships worldwide have occurred. In 2002 alone, 383 attempts or occurrences resulted in the deaths of six crew members and the wounding of 50 others.
Theft of Art and Cultural Objects

Also called crimes against cultural heritage, patrimonial crimes, or illicit antiquities, these acts violate a countrys heritage through the unlawful procurement or acquisition of archaeological and artistic objects that are part of the countrys cultural legacy. Interpol documented more than 16,500 thefts in 2004 from 43 different countries. Most thefts of cultural objects are reported from France, Germany, Poland, and Russia. Paintings and sculptures are the most frequently stolen items, and they are taken, usually by breaking and entering, most frequently from private homes and secondly from places of worship (Interpol, 2006).
Trade in Human Body Parts
2009934348

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

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

50

Chapter 2

Domestic Crime, Transnational Crime, and Justice

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 82,000 patients are awaiting transplants (count kept at http://www.unos.org/), but only about 28,000 transplants are performed each year. Allegations of organ black markets are widespread with activities ranging from corruption in waiting lists, body part theft from morgues, compensated gift giving, organ sales, the use of organs from executed prisoners, and even participation by prisoners granted release time for organ donation (Moors, 2001).
Trafficking in Persons

There is little agreement in the international community as to how trafficking should be defined. However, there is growing agreement that the problem of trafficking in human beings involves forced labor or slaverylike practices. For example, the United Nations defines trafficking in persons as
the recruitment, transportation, transfer, harbouring [sic] or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. (U.N. Office on Drugs and Crime, 2006b)

The United States highlights the involuntary servitude (modern slavery) aspect of human trafficking and tries to make clear that human trafficking does not require the victim to be physically transported from one location to another. This is seen in the United States Code definition of severe forms of human trafficking:
The term severe forms of trafficking in persons means (A) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or (B) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. (22 U.S.C. 7102).

That definition (which is used in the Victims of Trafficking and Violence Protection Act of 2000) includes persons who have been transported but also includes persons in a specific location who are placed in involuntary servitude through force, fraud, or coercion without being moved from their home city, state, or country. Persons wishing to distinguish such cases from others that involve physical transportation from one country to another may use the term domestic human trafficking for the no-transport type.

2009934348

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

Chapter 2

Domestic Crime, Transnational Crime, and Justice

51

Another point of confusion is how human trafficking differs from migrant or alien 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 (U.N. Office on Drugs and Crime, 2006b). In addition, smuggling is always transnationalone cannot have domestic smuggling. Clearly, there are similarities between trafficking and smuggling. Di Nicola (2005), for example, points out that both traffickers and smugglers exploit impoverished and vulnerable individuals seeking a better life. There are push factors (e.g., natural disasters, discrimination, political instability, impoverishment, etc.) forcing people to leave a country with the help of traffickers or smugglers, and there are pull factors (e.g., positive economic situation, labor shortage, political land social stability, etc.) that make another country desirable. The clandestine nature of human trafficking makes it very difficult to gauge its actual extent. Added to that difficulty are the problems of conflicting definitions of what constitutes human trafficking and the absence of a system of coordinated statistics. The U.S. Department of State (2005) estimates the number of people globally trafficked across international borders as between 600,000 and 800,000 annually (with 80% being female and up to 50% children). Human trafficking and the other crimes we have noted are all worthy of greater elaboration than is given here. For our purposes, however, only one transnational crimeterrorismis discussed at length. It is appropriate to highlight terrorism because this transnational crime allows us to understand the type of information gathered by comparative criminologists. Terrorism What is terrorism? If you have the answer, many of the experts in the field would like to speak with you. Defining terrorism is not easily accomplished because it takes no single form, and acts considered to be terrorist often have few common traits. Most would agree that Timothy McVeigh, who was convicted and executed for his part in the 1995 bombing of the Murrah Federal Building in Oklahoma City that killed 168 people, was a terrorist. His conviction, however, was not for terrorism but for conspiracy to use a weapon of mass destruction, use of a weapon of mass destruction, destruction by explosive, and eight counts of first-degree murder. If McVeighs acts were not examples of terrorism as a crime, are the deaths resulting from sniper attacks in the Washington, D.C., area in October 2001? The shootings occurred in several jurisdictions in the Washington, D.C., area and in Alabama, Georgia, and Louisiana. After John Allen Muhammad and Lee Boyd Malvos capture, they became suspects in 20 shootingsincluding 13 deathsthroughout

2009934348

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

52

Chapter 2

Domestic Crime, Transnational Crime, and Justice

those jurisdictions. Virginia was the first jurisdiction to bring charges against Muhammad and Malvo; and each was charged, in separate counties, with several counts of capital murder including one based on Virginias new antiterrorism law. That statute makes a murder defendant eligible for capital punishment if the crime was intended to intimidate the public or influence the government (Code of Virginia, 18.231(13)). Juries found both defendants guilty of capital murder, including the terrorism charge. Are Muhammad and Malvos acts more like your idea of terrorism than were those of Timothy McVeigh? Most attempts to define terrorism include an additional note that there is no single, universally accepted definition of terrorism (see, for example, Federal Bureau of Investigation, 2004, p. iii). This seems surprising because a necessary characteristic of criminal law (see Chapter 3) is that a criminal act should be clearly defined so people will know in advance how they must behave. Butand heres the catchterrorism is typically not a crime in itself. Consider the following definitions of terrorism: The U.S. Department of State (2006b) says that terrorism means premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents. The U.S. Department of Homeland Security (2006) uses this definition from the Support Anti-terrorism by Fostering Effective Technologies Act of 2002 (or, the SAFETY Act). An act of terrorism is unlawful; causes harm to a person, property, or entity, in the United States, or in the case of a domestic United States air carrier or a United Statesflag vessel (or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), in or outside the United States; and uses or attempts to use instrumentalities, weapons or other methods designed or intended to cause mass destruction, injury or other loss to citizens or institutions of the United States. Both of these definitions have violence (including mass destruction, injury) as part of the definition. Equally notable are the political references in each (specifically in the State Departments definition and by reference to United States in Homeland Securitys). Because of that political component, some argue that terrorism should be handled in the context of national security rather than in the criminal justice system. When criminal charges are brought against a terrorist, it is often on the basis of the violent acts committed rather than because a crime of terrorism was carried out. This may be changing in post-9/11 America; some states are moving toward making terrorism itself a crime. South Dakota, for example, created a new

2009934348

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

Chapter 2

Domestic Crime, Transnational Crime, and Justice

53

WEB PROJECT WHAT IS A NONCOMBATANT

The National Counterterrorism Center follows the same definition of terrorism as used by the Department of State: premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents. Go to http://wits.nctc.gov/reports/ crot2005nctcannexfinal.pdf where you will find the National Counterterrorism Centers Report on Incidents of Terrorism 2005 (check for more recent reports at http://wits.nctc.gov/Reports.do). Find the section (scroll down about seven pages) titled What is a noncombatant? and write a paragraph in which you summarize how a noncombatant is defined.

crime of terrorism in 2002 that defines terrorism as a crime of violence or an act dangerous to human life with the intent to intimidate or coerce a civilian population, influence the policy or conduct of any government or nation, use assassination or kidnapping to affect the conduct of any government or nation, or substantially impair or interrupt public services (South Dakota Codified Laws and Constitution, 22-8-12). Persons convicted of the act of terrorism will be punished by life imprisonment in the state penitentiary.
Domestic and International Terrorism

As if defining terrorism were not difficult enough, a further distinction is often made between domestic terrorism and international terrorism. In the United States, the distinction is based on the origin or base of operation of the individuals or groups responsible for the act (e.g., inside or outside the United States). The Oklahoma City bombing was an act of domestic terrorism and the September 11, 2001, attacks on New York City and Washington, D.C., were acts of international terrorism. As found in the United States Code (18 U.S.C. 2331): Domestic terrorism refers to activities that involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any state, that appear to be intended to intimidate or coerce a civilian population, to influence the policy of a government by intimidation or coercion, or to affect the conduct of a government by mass destruction, assassination, or kidnapping, and occur primarily within the territorial jurisdiction of the United States. International terrorism involves violent acts, or acts dangerous to human life, that are a violation of the criminal law of the United States or any state and occur outside the United States or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to coerce or intimidate, or the locale in which the perpetrators operate or seek asylum.

2009934348

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

54

Chapter 2

Domestic Crime, Transnational Crime, and Justice

Because our subject matter is comparative crime and justice, international terrorism holds the most interest for this chapter. A move to international terrorism as a topic does not mean, however, that we have any more agreement as to its definition. The United Nations, for example, has developed 12 conventions and protocols against terrorism, but in each instance a particular activity rather than terrorism itselfis made illegal (U.N. Office on Drugs and Crime, 2006a). The United Nations has been hesitant to define international terrorism because the political component of any definition would inevitably make it unacceptable to at least some U.N. countries. The European Union, however, has not been so hesitant. It has defined terrorism as being certain criminal offenses (e.g., kidnapping or hostage taking, causing extensive destruction to a government or public facility, interfering with a water supply, etc.) that, given their nature or context, may seriously damage a country or an international organization by seriously intimidating a population; or unduly compelling a government or international organization to perform or abstain from performing any act; or seriously destabilizing or destroying the fundamental political, constitutional, economic or social structures of a country or an international organization (Council of the European Union, 2002). As with the U.S. definitions, the European Union includes a political component as an important ingredient for an act to be terrorism. However, some experts are suggesting that international terrorism is entering a new phase in which terrorism is dominated by religiously motivated groups rather than by nationalism (White, 2005). Should that be true, international terrorists may be basing their actions on sacred ideology rather than political legitimacy. In addition to a possible change in the focus of international terrorism from a political base to a religious base, it is also important to note how the impact of terrorist acts has changed. Laqueur (1999) notes that terrorism of old affected only a relatively few people. That is no longer true today and will probably be even less true in the future. The National Counterterrorism Center (2006) reports that although terrorism is a tactic used across all regions of the world, during 2005 the Near East and South Asia (e.g., Afghanistan, India, Iraq, and Thailand) accounted for almost 75% of world terrorist attacksand 80% of the fatalities (see Figure 2.5). More than 40,000 persons were killed or wounded in terrorist attacks in 2005, with armed attacks and bombings accounting for the majority of fatalities.
Terrorism Typologies

Rather than discussing terrorism by reference to how it is defined, many authors prefer to explain terrorism by using a typology. Kushner (1998) notes that attempts over the years to find a classification system for terrorism have proved just as difficult as attempts at defining it. Fleming and Stohl (1988) reviewed nearly 50 different typologies of terrorism and identified four major types: those based on (1) the motivation of the terrorist, (2) the historical origin of the

2009934348

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

Chapter 2

Domestic Crime, Transnational Crime, and Justice


8728

55

Deaths Attacks

4230

1007

3017

3974

851
New East South Asia

875

760

Africa

253

East Asia Europe and Pacific and Eurasia

371

780

Western Hemisphere

FIGURE 2.5

Terrorist Incidents and Fatalities by Region, 20051 1From Report on Incidents of Terrorism 2005 (Chart 1, p. xiv), National Counterterrorism Center, April 11, 2006. Data available at http://wits.nctc.gov/ reports/crot2005nctcannexfinal.pdf.

WEB PROJECT TRACKING WORLDWIDE TERRORIST INCIDENTS

Watch the 90-second virtual tour of the MIPT Terrorism Knowledge Base at http://www.tkb.org/Home.jsp, then go to the analytical tools area at http://www.tkb.org/AnalyticalTools.jsp. Select the incident analysis wizard and prepare a bar graph of international incidents, by region, for all regions. Use filters (e.g., year or countries) as you would like. Now that you see how the wizard works, try a few other analyses using variables of your choice. Write a few paragraphs that summarize your findings. Note. Also take a look at a similar toolthe Worldwide Incidents Tracking Systemavailable from the National Counterterrorism Center at http://wits.nctc.gov.

2009934348

terrorist group, (3) the terrorist group, and (4) the type of targets or methods of operation chosen by the terrorist group. Although no succinct typology can account for all forms of terrorism, choosing one for explanatory purposes can be helpful. Using DFI Internationals (a research, analysis, and consulting company ) research methodology on terrorist entities and affiliations, the MIPT T errorism Knowledge Base (TKB) has grouped terrorist organizations according to their political, religious, or social vision. The result is a grouping of 10 ideologies (see Table 2.2). Using the TKB analytical

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

867

TABLE 2.2 TERRORIST GROUPS DESCRIBED WITH NUMBER OF ATTRIBUTED INCIDENTS, 1/1/2000 TO 6/1/2006 Group Classification Anarchist Description Oppose all forms of government authority and advocate a society based on free association of individuals. Anarchists are often allied with Leftist groups. Oppose the integration of the world into a single free market. They believe global capitalism negatively impacts both individuals and indigenous cultures. Anti-globalization attacks often focus on multinational corporate and trade targets. Commit acts of terrorism to pressure their government to redistribute wealth or to change ownership of industrial means of production. Commit acts of terrorism to influence their governments environmental policy or to stop private sector actions that are perceived to be harmful to a regions ecology and wildlife or animals in general. Include all groups that are on the liberal end of the political spectrum without being explicitly anarchist, anti-globalization, communist, or socialist. Leftists often see themselves as a progressive, egalitarian vanguard demanding social justice through violence. Commit acts of terrorism to defend what they believe to be the interests of their national group or in reaction to colonialism. Includes all groups that select targets based on their ethnicity. Commit acts of terrorism in order to comply with a religious mandate or to force others to follow that mandate. These groups tend to be less interested in achieving policy change and less amenable to political concessions or negotiations. Seek to preserve the established order and maintain traditions. Right-wing conservative terrorists support the current government. Seek to overthrow the current political order to return to a past way of life. The Republic of Texas, for example, wishes to return to the days before Texas was annexed by the United States. Incidents 66

Anti-globalization

45

Communist/socialist

1,668

Environmental/ animal rights

64

Leftist

60

Nationalist/separatist

2,315

Racist Religious

22 1,592

Right-wing conservative

74

Right-wing reactionary

10

2009934348

Note. Table developed from information provided by Terrorism Knowledge Base, DFI Government Services, National Memorial Institute for the Prevention of Terrorism (http://www.tkb.org). Used with permission.

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

Chapter 2

Domestic Crime, Transnational Crime, and Justice

57

tools, the terrorist groups classified as communist/socialist, nationalist/separatist, and religious were found to have been involved in about 94% of all incidents between January 1, 2000, and June 1, 2006. The following discussion concentrates on terrorist organizations in those three ideological groups. Communist/Socialist As explained in Table 2.2, terrorist groups in this category are trying to pressure their government to redistribute wealth. Their attacks may be in opposition to such government policies as the privatization of state industry and resources, or the reduction of entitlement programs such as pensions or welfare (MIPT Terrorism Knowledge Base, 2006b). A particularly active example of a group falling into this category is the Revolutionary Armed Forces of Colombia (FARC). Growing out of the Colombian Communist Party of the 1960s, the FARC leans toward the Marxist strain of Communism and has the goal of overthrowing current democratic government of Colombia and replacing it with a Communist government. It is believed to have about 12,000 members, and most of its funding comes from the cocaine tradealthough the FARC also pursues kidnapping, extortion, and hijacking (MIPT Terrorism Knowledge Base, 2006c). Another group in this category is the Communist Party of NepalMaoist (CPN-M). The CPN-M is one of the largest and most potent Communist insurgent groups in the world. It has only been active since about 1996, but during that its more than 10,000 members have been responsible for hundreds of attacks on government and civilian targets (MIPT Terrorism Knowledge Base, 2006a). The CPN-M uses insurgency in their attempt to overthrow Nepals parliamentary democracy and transform Nepalese society by purging the elite class, nationalizing private industry, and collectivizing agriculture. In 2002 the CPN-M assassinated two U.S. embassy guards, and the Maoists have attacked Coca-Cola facilities and a Pepsi-Cola truck. The group also has bases in India and receives support from expatriate Nepalese living in India and also from bank robberies and extortion. It is possible that the CPN-M will eventually use the political process to achieve its goal of a Communist state in Nepal. Nevertheless, most observers suspect large-scale violence against government forces and civilians will continue in the near future (MIPT Terrorism Knowledge Base, 2006a).
Nationalist/Separatist

2009934348

Terrorism of this type is very controversial because the persons being called terrorists often see themselves (and attempt to portray themselves) as freedom fighters. American patriots who fought the British before the U.S. government was established are clearly considered to have been legitimate revolutionaries,

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

58

Chapter 2

Domestic Crime, Transnational Crime, and Justice

but members of todays Irish Republican Army (IRA), for example, may wonder how their cause to remove British forces from Northern Ireland and to unify Ireland makes them more like terrorists. Nationalist terrorists seek to form a separate state for their own national group. Rather than universal condemnation, their goals have sometimes engendered international sympathy when the groups are viewed as fighting against colonial oppression and/or Western domination. Or, as former Palestine Liberation Organization (PLO) chairman Yasser Arafat (1974) put it when he addressed the U.N. General Assembly in 1974 (November 13):
The difference between the revolutionary and the terrorist lies in the reason for which each fights. For whoever stands by a just cause and fights for the freedom and liberation of his land from the invaders, the settlers and the colonialists cannot possibly be called terrorist.

Groups that are often used to exemplify nationalist terrorism include the IRA and the Basque Fatherland and Freedom (ETA). The ETA seeks to establish an independent homeland in northern Spain and southwestern France. It has been primarily involved in bombings and assassinations of Spanish government officials, security and military forces, politicians, and judicial figures. Other widely known groups falling into this category are Hezbollah (an umbrella organization of various radical Islamic Shiite groups seeking an Islamic state in Lebanon) and Hamas (dedicated to creating an Islamic state in the land of Palestine, which currently is Israel and the Palestinianor disputedTerritories).
Religious

A resurgence of terrorism that claims sacred inspiration and orientation has occurred over the last several decades. The link between terrorism and religion IN THE NEWS
CEASE-FIRES DECLARED Both the Irish Republican Army and the Basque Fatherland and Freedom declared cease-fires in recent years. In July 2005 the IRA formally ordered an end to their armed campaign, pledging to use nonviolent means to achieve their goals. Similarly, in March 2006 ETA declared a permanent cease-fire and expressed a willingness to join the political process. Some observers have suggested that both IRA and ETA leaders had come to believe that mass casualty terrorism practiced by some radical Islamic groups had discredited their own groups violent tactics (MIPT Terrorism Knowledge Base, 2006a).

2009934348

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

Chapter 2

Domestic Crime, Transnational Crime, and Justice

59

is certainly an old one, but during the 19th and 20th centuries, religioninspired terrorism declined and became displaced by politics (Hoffman, 1998; Laqueur, 1999). It seems that religious terrorism is making a comeback. Using violence to further what they believe are divinely commanded purposes, religious terrorists typically have a spiritual rather than military objective. Because religion is not bound by national borders, religious terrorists also can have a much broader geographic base than nationalistic terrorists have. Al-Qaeda (The Base in English), for example, is multinational, with members from numerous countries and with a worldwide presence. Although alQaeda supports the PLOs nationalistic terrorism, the group established by Osama bin Ladin in the late 1980s has a clearly religious goal: to rid Muslim countries of what it sees as the profane influence of the West and replace their governments with fundamentalist Islamic regimes. Comparative criminologists are increasingly intrigued with terrorism as a criminal activity and with all of the other transnational crimes reviewed here. We can expect to find more research and theoretical activity on transnational crime as a social phenomenon and as social behavior. Comparative criminal justice scholars will also be interested in the work of comparative criminologists (just as the reverse will also be true) because theory and research are necessary components to the planning and implementation of justice system responses to transnational crime. This final chapter section reviews some of the ways that countries are working together to combat transnational crime.

RESPONSE TO TRANSNATIONAL CRIME In facing global crime we are not powerless. The tools to fight it exist; they have to be adapted and applied.
Andr Bossard, Interpol Secretary General, 19781985

This quote from Bossard reflects an optimism often found among persons addressing crime at the international level. Despite what might seem to others to be an overwhelming task, persons affiliated with Interpol, Europol, the United Nations, and other organizations believe it is possible for nations to work together to reduce crime. Examples of such efforts in regard to transnational crime are found at the national, regional, and international levels. National Efforts: United States of America Every country where transnational crime occurs (which today is nearly all countries) is interested in reducing its impact. There may be a few countries, such as ones where corrupt officials facilitate the illicit drug trade, that are not

2009934348

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

60

Chapter 2

Domestic Crime, Transnational Crime, and Justice

as interested in combating some transnational crimes, but they are certainly, and thankfully, in the minority. Efforts to combat transnational crime depend to a great extent on a countrys ability to combat crime in general. As a result, there is considerable variation in how available and effective are the national laws, agencies, and personnel needed to respond to transnational crime. The United States reflects some of that variation.

YOU SHOULD KNOW!


WHY SHOULD YOU CARE ABOUT TRANSNATIONAL CRIME? A countrys citizens understandably have a tendency to take a narrow view of the crime problem. In other words, their main concern is how safe they feel in their own neighborhoods. The idea that residents of some neighborhoods in other countries may be similarly concerned is only minimally interesting to the average citizen. Even if criminal activities in one country are shown to have a direct effect on crime in another, residents are unlikely to view that information as significant. After all, the government cannot do anything about homegrown crime; why should it be able to do anything about crime originating in some other country? U.S. Undersecretary of State for Global Affairs Paula Dobriansky suggests that a less cynical approach is needed. She identifies three broad, interrelated fronts on which transnational crime threatens U.S. citizens (Dobriansky, 2001): The impact of transnational crime is felt directly on the streets of American communities. The trafficking of drugs, humans, firearms, child pornography, and so on cause or facilitate domestic criminal acts. The expansion of American business worldwide has opened new opportunities for foreign-based criminals. The victimization of an American enterprise abroad has consequences, such as loss of profits, productivity, and jobs, for Americans at home. Transnational criminals engage in a variety of activities that pose a grave threat to the national security of the United States and the stability and values of the entire world community. The terrorist attacks on September 11, 2001, made this painfully clear, but other types of transnational crime (e.g., illicit traffic in arms, the modern slave trade of trafficking in humans, and the unregulated flow of crime profits) also have a negative impact on the stability of democratic institutions and free market economies around the world.

2009934348

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

Chapter 2

Domestic Crime, Transnational Crime, and Justice

61

The United States combats transnational crime on several fronts. Its law enforcement agencies abroad have intensified attempts to thwart foreign-based crime before it reaches Americas shores. Enhanced inspection, detection, and monitoring at U.S. borders attempt to deny transnational criminals access to the country. An overview of U.S. efforts is best provided with reference to just a few of the many federal agencies whose mission in part is to combat transnational crime. The Department of Homeland Security (DHS), the Department of Justice (DOJ), the Department of State (DOS), and the Department of Treasury (DOT) are the federal agencies most involved in combating transnational crime. A few examples of the transnational crime reduction responsibilities of each department, by department bureau or agency, include the following: DHSBureau 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 (U.S. Bureau of Customs and Border Protection, 2006). DHSU.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 nations financial, banking, and telecommunications infrastructure (U.S. Secret Service, 2006). DOJAsset Forfeiture and Money Laundering Section. It provides managerial direction in prosecuting money laundering. The Section uses an interagency, interdisciplinary, and international approach as it works with the entire spectrum of law enforcement and regulatory agencies (U.S. Department of Justice, 2006a). DOJFederal 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 cyberbased attacks and high-technology crimes as well as combating international organized crime (Federal Bureau of Investigation, 2006). DOJOrganized Crime and Racketeering Section. This Section coordinates the Departments program to combat organized crime. The principal enforcement efforts are currently directed against traditional groups such as La Cosa Nostra families and emerging groups from Asia

2009934348

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

62

Chapter 2

Domestic Crime, Transnational Crime, and Justice

and Europe, such as Chinese Triads, the Sicilian Mafia, and Russian organized crime (U.S. Department of Justice, 2006b). DOSBureau of International Security and Nonproliferation. It is responsible for developing policy in the areas of conventional, chemical/ biological, and nuclear forces, for supporting arms control negotiations, for implementing existing agreements in these areas, and for advising the secretary on related national security issues such as nuclear testing and missile defense (U.S. Department of State, 2006a). DOSOffice to Monitor and Combat Trafficking in Persons. Established in 2000 as a result of the Trafficking Victims Protection Act (Pub. L. No. 106-386), the Office assists in the coordination of antitrafficking efforts (U.S. Department of State, 2006c). DOTFinancial Crimes Enforcement Network. It supports law enforcement investigative efforts and fosters interagency and global cooperation against domestic and international financial crimes and provides U.S. policy makers with strategic analyses of domestic and worldwide money-laundering developments, trends, and patterns (Financial Crimes Enforcement Network, 2006). The abundance of agencies dealing with some aspect of transnational crime is not unexpected given the size and complexity of the United States. As noted in Chapter 6, the U.S. tendency for decentralization of law enforcement efforts makes this situation even more understandable. Other countries (Australia and Canada, for example) also have quite a few different agencies responsible for combating transnational crime (Nathanson Centre, 2006). International Efforts The premier international agencies working to combat transnational crime are Interpol and the United Nations. Interpol receives specific coverage in Chapter 6, so, after only brief comment on Interpol, this section emphasizes 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 184 member countries (Interpol, 2005b). It supports all efforts to combat transnational crime and has set as priorities the combating of terrorism, criminal organizations, drugrelated crimes, financial and high-tech crime, and trafficking in persons. Because Interpol has no enforcement authority, its role is as a conduit for information that domestic police use to post notice of a person being sought or of one who has

2009934348

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

Chapter 2

Domestic Crime, Transnational Crime, and Justice

63

been arrested. Interpols Web site (http://www.interpol.int) has information on topics ranging from football hooliganism to international crime statistics. Interpol is mandated to promote police cooperation in all cases of international crime except those of political, military, religious, and racial character. The exceptions set up a potential conundrum because terrorists often claim their acts are justified on ideological, political, or religious grounds. However, Interpol responds to the criminal acts of terrorism, regardless of motivation, because those actslike other transnational crimesconstitute a serious threat to individual lives and freedom. Terrorism provides a good example of the way Interpol exemplifies an international effort to combat transnational crime. Interpols 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. The information may have been provided by a member country or identified in public sources. Terrorist-related information is shared with specialized officers working in Interpols Public Safety and Terrorism Branch. Those officers have the task of assessing the threat and issuing alerts and warnings (Interpol, 2005a). 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 whose behalf the act was conducted. Based on that information, Interpol can instantly issue international notices for fugitive terrorists whose arrest is sought by member countries (Interpol, 2005a). For example, the acts of September 11, 2001, resulted in investigative leads and evidence spanning the globe. Interpol set up the 11 September Task Force at Interpol Headquarters (Lyon, France) to coordinate and accelerate the information being sent to the Interpol National Central Bureau in Washington, D.C., where it is then forwarded to the FBI.
The United Nations Responds to Transnational Crime

2009934348

The United Nations is a very large and complex organization with many branches, agencies, and affiliated organizations. Muchthough certainly not allof the U.N. crime and justice work is organizationally handled at its International Centre in Vienna, Austria. More specifically, the U.N. Office on Drugs and Crime (UNODC) serves as the umbrella organization mandated to assist U.N. countries in their struggle against illicit drugs, crime, and terrorism. For example, the UNODC Crime Programme promotes stable and viable criminal justice systems in U.N. member countries and works to combat the growing threats of transnational organized crime, corruption, and trafficking in human beingswith specific programs in each of those areas.

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

64

Chapter 2

Domestic Crime, Transnational Crime, and Justice

Much of the UNODCs 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 policies themselves are often the result of international agreements (e.g., conventions, rules, and protocols) entered into by U.N. member states. 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. United Nations member states that do not ratify the agreement are not bound by the treaty or convention. Protocols are agreements that are less formal than treaties or conventions and may serve to amend or better explain the more formal document. Of the many important agreements related to transnational crime, we consider just a few. The U.N. Convention Against Transnational Organized Crime became effective in 2003 after being ratified by the necessary 40 member states. The United States signed the document in 2000 and ratified itmeaning the United States agrees to abide by its provisionsin 2005. 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 (see United Nations, n.d.). 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 (United Nations, 2006b). 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. The transnational crime of terrorism has received particular attention by the United Nations. The Security Council passed resolution 1373 (United Nations Security Council, 2001) in the aftermath of September 11, 2001, and it clearly notes the international communitys distaste for terrorist activities. Twelve universal conventions and protocols against terrorism have been developed under the auspices of the United Nations and its specialized agencies (United Nations, 2006a). 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

2009934348

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

Chapter 2

Domestic Crime, Transnational Crime, and Justice

65

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. The conventions also create an obligation on the country where a terrorist suspect is found to either prosecute or extradite the suspect. This last element is commonly known as the principle of no safe haven for terrorists and is considered an essential antiterrorism obligation of the U.N. member states (United Nations, 2006a). An example of how the United Nations and, more specifically, the UNODC can assist in combating terrorism is the development of model laws that member states can use when drawing up their own domestic law, making terrorist activities criminal. In 2003 the UNODC completed two model laws to help combat terrorism. They are designed to assist governments in bringing their domestic legislation into compliance with the Convention for the Suppression of the Financing of Terrorism and with U.N. resolutions aimed at ending terrorism (United Nations, 2003). The examples of cooperative efforts to combat transnational crime exemplify one topic of interest to comparative criminal justice scholars. As the remainder of this book shows, there are many other topics for comparative justice scholars to consider, but the increasing examples of countries coordinating their efforts to combat transnational crime clearly show why the study of comparative justice systems is so important today.

SUMMARY
Comparative criminology and comparative criminal justice are separate fields of study with overlapping interests. This book focuses on comparative criminal justice; therefore, it is especially interested in how the people and agencies in different countries go about accomplishing justice. All justice systems operate in the context of those activities that a government has identified as criminal and those persons who engage in that behavior. Criminology, more so than criminal justice, studies those crimes and criminals. Because criminology and criminal justice have some subject matter in common, it is appropriate for this comparative criminal justice book to pay some attention to issues related to comparative criminology. That is this chapters goal. When comparative criminologists look at crime as a social phenomenon, they are trying to identify similarities and differences in crime patterns across countries. They must be very careful when doing this because there are no universally agreed upon ways to define, report, and record crime. However, with the cautious use of data sets that report crime and victimization rates from many countries, comparative

2009934348

Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

66

Chapter 2

Domestic Crime, Transnational Crime, and Justice

criminologists are able to conduct research that can advance theoretical explanations for criminal behavior. Examples of the explanations offered when comparative criminologists look at crime as social behavior are those categorized as grand theories. Traditionally, comparative criminologists have studied domestic crime patterns and behavior. The globalization of crime has brought an increased interest in crime that crosses national borders. Comparative criminologists now find themselves studying such transnational crimes as money laundering, piracy, terrorism, and trafficking in persons. Terrorism has been of particular interest as scholars, practitioners, and policy makers try to understand differences in domestic and international terrorism and among the various types of terrorism. The growth in transnational crime has been accompanied, understandably, by an increase in efforts to combat that crime. The chapter concludes with some examples of such efforts at the national, regional, and international levels.

DISCUSSION QUESTIONS
Using the homicide rates reported in Table 2.1, suggest reasons that

groupings of countries have higher or lower homicide rates. Do you agree with the civilization theorists who suggest that crime declined as civility (e.g., eating with a knife and fork, refraining from urinating in public) increased in a society? Some people argue that contemporary American society is experiencing a decrease in civility (conduct an Internet search on terms such as incivility). If that is true (and you are welcome to argue the pointnicely!), do you think it can or will affect the crime rate? This chapters In the News box suggests that the IRA and ETA terrorist groups may have declared cease-fires because of the increasingly bad image terrorist violence was getting as a result of the mass casualty terrorism being practiced by some radical Islamic groups. Do you think that explanation makes sense?

2009934348 Comparative Criminal Justice Systems: A Topical Approach, Fifth Edition, by Philip L. Reichel. Published by Prentice Hall. Copyright 2008 by Pearson Education, Inc.

Vous aimerez peut-être aussi