Introduction to the course
In recent years both criminology and criminal law have become
much more aware of issues surrounding what might be called
'powerful offenders', that is to say, offenders who have various
resources with which to neutralise the efforts of the criminal
justice agencies to apprehend and convict them. The power of
organised criminal gangs to intimidate witness, the ability of
both organised crime and terrorist groups to evade the law
enforcement agencies is also a very topical issue. One of our
themes here will be the extent to which, in order to equip
itself with stronger powers to deal with such offenders, the
criminal justice system is in fact dismantling vital parts of
our system of civil liberties.
One feature of this module is that it encourages you to read
(mainly on-line) literature such as official government research
and strategy documents as well as the publications of
non-governmental organisations alongside more traditional
academic publications. On all topics you are encouraged to do
your own searches. If you do, make sure to quote your sources
correctly if you refer to them in assessment essays
7 February 2012 : Criminal Justice and the Rule of Law
issues to be discussed
The criminal justice system seems to have two distinct tasks. On
the one hand it defends certain rights (the rule of law, due
process, a fair trial) and on the other hand it exists to
protect the public and guarantee security. How far is there an
incompatibility between these two tasks? How far does serving one
mean compromising on the other? Under what conditions can they be
reconciled?
notes for the lecture
key reading
John Lea (2003) Criminal
Justice and Powerful Offenders.
(lecture on this website)
John Lea (2002) Crime
and Modernity. London: Sage Publications (chapter
one) (this chapter is on this website)
John Lea (1992) A
framework for the analysis of crime (paper on this website)
further material
Watch on YouTube a
lecture on the rule of law by Lord Bingham, former Lord
Chief Justice of England and Wales. His book, Bingham, T. (2010) The
Rule of Law. London: Penguin books is worth a look.
LCHR (2000) What
Is a Fair Trial: a Basic Guide to Legal Standards and Practice,
New York: Lawyer's Committee for Human Rights. An extensive
definition
Council
of Europe website giving a definition of a fair trial under
article 6 of the European Convention on Human Rights
14 February 2012: Policing and Prosecuting Organised Crime and
Cybercrime
issues to be discussed
Organised crime is one category of
powerful offenders able to mobilise various resources to evade or
obstruct the criminal justice system. Traditional forms of
organised crime may have attempted various types of corruption and
intimidation of such groups as police, potential witnesses,
lawyers. The use of internet and computing and various types of
'cybercrime' place an emphasis on the ability of criminals to
avoid surveillance. What types of prosecution strategies have
developed and do they pose any problems for the rule of law?
notes for the lecture
key reading
J. Lea (2004) 'Hitting Criminals where it hurts: organised
crime and the erosion of due process' Cambrian
Law
Review vol 35: 81-96 (An earlier
version is here )
Cabinet Office (2011) The
cost of cyber crime. London: Cabinet Office
Cabinet Office and Home Office (2009)
Extending
Our Reach: a comprehensive approach to tackling serious
organised crime. Cm 7665. London: the Stationary
Office
further material on policing organised crime in general
further reading on cyber-crime (with an emphasis on policing and
prosecution)
Garlik (a computer security organisation) publishes useful
statistical summaries on the extent and type of cybercrime in
the UK. Reports for 2007
and 2009
UK Home Office (2010) Cybercrime
strategy CM7842. London: The Stationary Office (the
most recent government strategy document. Other useful online
resources are listed at the end of the document)
UK Cabinet Office (2011) The
UK Cyber Security Strategy: Protecting and promoting the UK
in a digital world. London: the Cabinet Office
US Department of Justice (2011) Cybersecurity:
protecting America's New Frontier. (recent US
government statement on prosecuting cybercrime)
Alkaabi, Ali and Mohay, George M. and McCullagh, Adrian J. and
Chantler, Alan N. (2010) Dealing
with the problem of cybercrime. In: Conference Proceedings
of 2nd International ICST Conference on Digital Forensics &
Cyber Crime, 4‐6 October 2010, Abu Dhabi.
Grabosky, P. (2007) Requirements of prosecution services to
deal with cyber crime. Crime, Law and Social Change
47(4-5): 201-223
Rush, H. et al. (2009) Cybercrime
and illegal innovation London: NESTA /University of
Brighton. A major study with an emphasis on credit card fraud
Choo. R. et al. (2007) Future
Developments in Technology-enabled crime.
Australian Institute of Criminology. (major Australian study
with an emphasis on prosecution and policing
issues)
Urbas, G. & Choo, R. (2008) Resource
Materials on Technology-enabled Crime. Australian
Institute of Criminology (read the introduction and the sections
on 'Jurisdictional, prosecution and sentencing issues' and 'Law
enforcement and evidentiary issues'
Brenner, S. Cybercrime
Investigation and Prosecution: the Role of Penal and
Procedural Law (University of Dayton) A US legal
perspective on the problems of prosecuting cybercrime
Tonry, M. ed. (2009) Oxford Handbook of Crime and Public
Policy. Oxford: Oxford University Press. (chapter 10 on Identity
Theft and chapter 19 on Cybercrime)
Smith, R. et al. (2004) Cyber Criminals On Trial.
Cambridge: Cambridge University Press
(you can read some of this on-line
at google books)
Glenny, M. (2011) Dark Market: cyberthieves, cybercops and
you. London: Bodley Head. (recent book by a leading
journalist who specialises in organised crime)
Jewkes, Y. & Yar, M. eds. (2010) Handbook of Internet
Crime. London: Willan Publishing (particularly parts III
and IV)
Yar, M. (2005) Cybercrime and Society. London: Sage
Publications. (one of the main criminological studies of
cybercrime)
Wall, D (2007) Cybercrime: The Transformation of Crime in
the Information Age. Cambridge Polity (chapters
7-10 deal with control and policing issues)
21 February 2012: Business Crime and Corruption
issues to be discussed
A quite different set of problem is
presented by criminal activities in the world of large business
corporations and banks. Here the obstacles to successful
prosecution of crimes are usually some combination of the
following. Firstly, the complexity of the offence: financial
frauds are, for example, notoriously complex to unravel.
Investigations and court trials may last an inordinately long time
and be enormously costly. Secondly, the status of the offender.
This might be a question of the social class and status of top
business executives making judges disposed to treat them lightly
or it may be a question of the economic importance of the
corporation and pressure from the government for lenient treatment
given the large contribution that the offender makes to exports or
employment. Finally of course, the offender may apply some of the
pressures noted in the previous session. Intimidation of witnesses
is rare but the bribery and corruption of criminal justice
officials may occur. A recent UK case has given rise to
allegations of the latter.
notes for the lecture
key reading
Lea, J. (2006) A Brief Introduction to
Corporate Crime. Page on this website
Nelken, D. (2007) White Collar and
Corporate Crime. Oxford Handbook of Criminology. Oxford:
Oxford University Press (chapter 22. pp: 733-769)
Mackenzie, S & Green, P. (2008)
Performative Regulation: A Case Study in How Powerful People Avoid
Criminal Labels. British Journal of Criminology 48(2):
138-153
Laurie Taylor (2009) BBC 'Thinking
Allowed" series. Broadcasts on white collar crime: (NB - these are
audio files so you will need an audio media player on your
computer to listen to them
1. the
culture of crime.
2. regulation
of crime.
3. punishment
of crime
There is also an associated
page from the Open University on these talks
further reading
McBarnet, D. After Enron will ‘Whiter
than White Collar Crime’ Still Wash? British Journal of
Criminology 46(6)
Dorn, N. (2010) The Governance of
Securities: Ponzi Finance, Regulatory Governance, Credit Crunch. British
Journal of Criminology 50: 23-45. (this is hard going but
worth giving it a try)
Wikipedia pages on
the Enron
scandal
the Madoff Investment Scandal here
and here
DTI (2001) Report
into Mirror Group Newspapers. The major official report into
the Maxwell scandal. BBC commentary
on the report and also commentary from the Guardian
Tim Webb (2007) Bribing
For
Britain. Goodwin Paper No
5. London:Campaign Against Arms Trade (see also their Briefing
Paper
on BAE Systems)
The
BAE Files a Guardian newspaper website giving a wealth of
background and up to date detail on the issue
Website of the UK Serious
Fraud Office (type 'BAE' into the search box)
BBC news website giving background to
the decision to abandon investigation into BAE arms sales to Saudi
Arabia here
and here
(further searches on this site will reveal a wealth of detail)
Frontline
World: The
Business of Bribes (website of the International
Confederation of Investigative Journalists)
Susan Hawley (2003) Turning
a Blind Eye: Corruption and the UK Export Credits Guarantee
Department. London: The Corner House (a useful
general investigation of the role of bribery
The official
website of BAE Systems with special focus on the Woolf
Report, commissioned by the company to investigate issues of
business ethics
In recent years The Serious Fraud
Office has come in for a good deal of criticism for inefficiency.
In 2007 the UK Attorney General invited a leading New York
prosecutor, Jessica de Grazia, to conduct a review of the SFO. Her
report remains secret. Here are some press references:
Accountancy
Age (June 2008) The
Guardian (July 2007)
On the phone-hacking scandal and News
International, which are still very recent on-going issues
academic criminology and political studies have yet to produce
significant contributions. But meanwhile there is a wealth of
information on the internet. The best place to start is the
'timeline' from the
Telegraph and also a Guardian
website full of reports and resources. These will give you
what you need in terms of factual background. Other references
will be put here as they come to light
28 February 2012: Policing Terrorism in the UK - balancing
security and liberty?
Special
Page for this topic
6 March 2012: Criminalising War? The work of the International
Criminal Court
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