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Organised and international crime lecture 1, Policing the international…
Organised and international crime lecture 1
Crime as we see it
Street crime is visible to the public- basic, all very similar
The crime Is obvious, assault, property damage
-Offender( normally one person not a concept or organisation) > Victim ( not environment or politics, a human)
-Immoral (evil) bad energy , stealing is a good example it makes you a bad person.
-Illegal activity defined by law
Profit
and
Power
Social Status
A quote from Lord Acton " Power tends to corrupt and absolute power corrupts absolutely
Power definition
Winner- loser
Capitalism
Power over others vs Power over you
Power + Social Status
Respect/fear
Authority
Employment/ speciality
The American Dream
The unachievable perfection
The standardised perfection
Over spending to impress
Summary
We tend to associate crime with simple events
International/ organised Crimes are complex, multi-faceted, multi-crime
-Power can be monetary, emotional and sexual
-Power is linked with trust, reliance, high social status
The difference between organised and international crime and street crime
International crime is rarely seen it is very hidden- street crime is public
Unclear who is the offenders, more than one, and the victims are unknown as it could be many- street crime has one victim and one offender
International is a different kind of evil, and isn't preventable easily as it is to mass and can be very complex to understand
Counter fit goods, illegal plastic surgery, turkey Teeth and fake bags/clothing is international crime.
Documentary Notes
-96% of weed famers in the uk are Vietamese
power is stolen to maintain the farms with uv lights
Trafficked through German France and Russia through Forrests flights and vehicals
Video 2 - gem mining
As young as 4 years old mining for gem stones by force, the police chief is the leader and uses guns to threaten the farmers land who's land they dig on and the people who are forced to mine.
Video 3 - modern slavery
Having to pay £40 per week to live in bad conditions without running water.
People working in a car wash stating it is worse than slavery and they work all hours of the day living in squaller
Forced to clean cars as the owner takes their important documents such as passport and keeps them in dept to him.
When confronted he denied all the claims
Prosecution is very difficult as it is unaware if they are victim or offenders, they steal electiricity, grow weed and are in the country illegally.
Coercion needs to be proven
Policing the international Spectrum L4
Part 1
Gadhdhafi
Libyan president and politician
Critical view on the peace treaty
Murdered two years after his speech
Purpose of Criminalisation
Certainty and boundary setting
Reinforces public morality
To deter
To set out conditions in which people who have been convicted will be punished
The Law
Domestic law
Covering international cross-border & borderless crimes
Covering organised crime
Might result from conventions/treaties
International Criminal Court 2002 for war related offences
Jurisdiction over cases of,
/ Genocide
/ Crimes against humanity
/ War crimes
/ Crimes of aggresion unprovoked war
IF national courts unwilling or unable to prosecute
OR Un secutriy council or states refer investigations to it.
International Law
Does have to create new offences and have to be different to the domestic legislation and only apply to states which agree to have them
Sources of international crime
Treaty of Versailles 1919
Statute of the international court of justice
/ Article 38, sources are treaties, customary international law, general princples of law.
/ Treaties generally seen as customary
/ Some extend beyond members or are universal ish and seen as hard law
Upholding The Law
Enforcement with aim of deterrence and prosecution is the main approach
Look at policing:
/ Internationall policing
/ Transnational policing
/ Domestic polling of internantional, cross-border and borderless and organised crime
Notes, what Danis Said...
Police have no control over international crime, they have very little understanding of it.
No such thing as global crime, not even human rights are global
The philipeans have death penalty for possession of drugs
Interpol is supporting agencies to fight crime they do not enforce international law
International court mainly deals with African dictators
WW2 45/46 promoting peace through United Nations and making all the countries equal and everyone has a say.
African dictators are the reason for this existing as they buy their way through punishment as they have control over courts and police and judges and will continue to be in power until they run out of money
Why do we need international law?
The definitions don't allow for easy policing with international crime for example you can arrest the drug runner in the uk but cannot arrest the drug dealer or grower in a different country.
the domestic legislation doesn't allow for arrests explained like before
Organised crime/crime groups
Large scale criminal corporations systematically engaging in criminal acts and /or in illicit supply of goods (Gill,2000)
International crime
Offences committed against international law/treaty
Transnational/Cross-borded crime
Offences that involve crossing state/sovereign borders and the crimes associated with these
Borderless crime
Offences that do not occur in a physical space for example cybercrime ad identity fraud
Often international in nature and offenders and victims not in the same country
Genocide
Acts committed with intent to destroy, in whole or in part, a national, ethical, racial or religious group
Includes acts such as killing, causing serious bodily or mental harm, deliberately inflicting conditions of life calculated to bring about physical destruction of the group/part, imposing measures to prevent birth, forcibly transferring children to another group
Crimes against Humanity
Systematic or widespread use of acts against a civillan population or part of a population
Can be committed during war or peace
Examples
Murder
Extermination
Enslavement
Deportation or forceible transfer of population
Torture
War Crimes
International and now internal conflict
Acts against customary international law of war
International killing civilians or prisoners, torture, rape, using child soldiers, use of particular types of weapons
Crimes of Aggression
Included in the Rome Statute (1998) but no agreement on definition
Finally adopted in 2010
But only ratified by enough state parties in 2018
The planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or direct the political or military action of a state, of an act of aggression
The use if armed force by a state against the sovereignty, territorial integrity or political indeoendce of another state, or in any other manner inconsistent with the charter of the United Nations.
Can include invasion, military occupation, annexation by use of force, blockade of ports or coasts
Domestic law
Domestic law can relate to international, transnational, cross-border and borderless offences
But jurisdiction may be limited
Some behaviour by British nationals abroad can be covered by domestic legislation
Organised crime threats
Child sexual exploitation
Counterfeit currency
Cyber crime
Drugs
firearms
Fraud
Human Trafficking and Modern Slavery
International Law
United Nations protocol to prevent, suppress and punish
trafficking in persons,
especially women and children
Trafficking in persons
means
the recruitments, transportation, transfer, harbouring 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 position of vulnerability.
Exploitation
There is not established definition of this term by international law, however it is interpreted as someone taking advantage of someones vulnerability and at the basic level is occurs when one person takes unfair advantage of other, case ( Wertheimer 1996)
Methods include coercion, fraud and manipulation
Trafficking and Smuggling
Exploitation
Trafficking carries it out even after the victims arrive at their final destination
Consent
Victims of trafficking did not give their consent or did so on the basis of false information
Transnationality
Trafficking does not necessarily happen across national borders
Source of profit
Continued exploration is the main source of profit for traffickers
The process of Trafficking
Recruitment
Often at the start of the migration process
Transportation
which may involve international smuggling
Normally the part that attracts more public attention,The travelling conditions greatly contribute to void the consent given by migrants and turn them into trafficking victims
Exploitation
Sexual exploitation
Forced labour
Removal of organs or other body parts
Criminal activiites
Begging
Forced marriage
Illegal adoptions
War
Methods
Debt bondage
Isolation
/ Physical
/ Linguistic
/ Social
Confiscation of travel documents
Violence and threats
/ Physical
/ Psychological
Reprisal against the victims family
Magical beliefs and practices
Who are they?
Traffickers are mostly men although this varies depending on the region
They tend to act indiviually
Where do they go?
Most flows actually stay within the same country or within the larger geographical region
Yet some parts of the world do show sizeable numbers of transregional trafficking flows
These include most of Europe, North America and to a lesser degree East Asia
The link between Trafficking and modern slavery
We have seen that the proceeds obtain from the use of forced labour are used to get an estimate of the profits earned through human trafficking
That works because forced labour ( including sexual exploitation) is the obvious endpoint of human trafficking
People are trafficked so that they can be exploited at the endpoint
Impact of Covid 19
Just like in other criminal activities, traffickers adapted to the pandemic
Traffickers targeted those individuals who found themselves vulnerable due to the pandemic and lockdown measures
In some cases, screening and indentification of victims become more difficult
Revictimisation became more frequent
Modern slavery and Human Trafficking in the Uk?
Coerced criminality is the most prevalent type of exploitation in the Uk with Uk citizens being the most common victims, according to the NCA
According to the NCA between 6,000 and 8,000 criminals in the uk are involved in human exploitation
Sexual exploitation lost profitability as a result of the pandemic and labour exploitation moved from services to high demand industries , food supply chains and warehousing,
Potential victims of modern slavery are referred to the national referral mechanism
First responders agencies whenever they come into contact with them, among the first responder agencies are the police, local government, certain non-governmental organisations and the NHS and education
Some stats
The latest available figures are for the 2nd quarter of 2022
The number of referred people marked a 34% increase compared to the same quarter in 2021
Highest number of referrals since the NRM began in 2009
79% of referrals were male
48% of people claimed exploitation in the UK only
For adult potential victims, labour exploitation was most commonly reported 41% whereas child potential victims were most often ferried for criminal exploitation
Big Business L2
Corporate Crime
Individual, collective and organisational wrongdoing in a business setting, Criminal offences which are committed by companies and other for-profit organisations and are punished by the state
Gobert & Punch (2003):2
By the concept of corporate crime then, we wish to focus attention on criminal acts (of omission or commission) which are the results deliberate decision making(or culpable negligence) of those who occupy structural positions within organisations as corporate executives or managers
Kramer et al, cited in Slapper and Tombs 1999, 16
Victimless crime was a good excuse used to escape police , tend to have nothing but a disiplineray rather than an criminal charge
Typical offences
Price fixing
Stock market manipulation
Anti competitive market manipulation
Insider trading
The formation of illegal cartels
pollution to environment
More offences
False or misleading advertising
Consumer fraud
Racial and gender discrimination
Bribery
Fiscal offences
Industrial espionage
Plus other related employment offences
Summary
Businesses can lead to a number of harmful incidents
Knowledge of these incidents often exist beforehand
Paying a court fee can be cheaper than fixing the problem
Likely Crimes
Cash only- money laundering- not legal in the Uk to just take cash
Goods with no labels- sweatshops/inhumane working conditions, counterfeit goods, child or adult slavery
Heavy advertising- false claims
To good to be true- Unqualified workers, lack of paperwork and insurance
Panal decisions
-no one goes to prison because they have three people
someone who disagrees
someone who is in the middle
someone who definitely agrees
meaning no one goes to prison
War L3
Afghanistan
1989- Withdrawal of Soviet troops
Late 1990s- Taliban rules the country
2001-2014 - NATO at war
2004 - First democratically elected president
2016 - US fully withdraws the troops
Now Tailban controls large parts of the land
Attacks are ongoing
Taliban built underground cities to live in so that if the country is bombed it would not affect them at all they would be living just fine.
War Crimes
Under Geneva convention
Genocide
Crimes against humnaity
Mistreatment of civilians or combatants
Some Stats
Total global military expenditure has risen from. the US 1.14 trillion in 2001 to US1.711 trillion in 2014, a rise of 50%
Military expenditure in the Middle East has grown from US99 to US173 billion during the same period, a rise of 75%
Armed violence kills around 508,000 people every year.
Reasons for many wars, power and ability to manufacture and export weapons in exchange for money coming from natural resources
What is worse, Nuclear weapon or a gun?
Out of the 49 major conflicts that have broken out since 1990, light weapons were the only arms used in 46:only one conflicts which was the Gulf War 1991, was dominated by the heavy weapons
For exam,
You can use any conflict
World war 1
World war 2
Vietnam War- easier to understand for British students
Iraq War
Hundreds of ongoing conflict must pick one and must know how it did or didn't go and know the ins and outs
Vietnam war
Between North and South Vietnam and their allies
Started in 1995( fear of communism to be spread
Ended in 1975( unified under communist control in 1975)
They used leg traps to trap the British soldiers as they did not know the terrain so the vietmese hid traps in the moss and water, this would trap the leg and then shut the trap forcing it to rip the leg off, if you escaped which many didnt, you would die from sepsis from the infected water and it would eat your body alive.
Mafia and transnational organised crime
What is organised crime?
"A structures group of three or more persons, existing for a period of time and acting in concert with the aim of committing one or more serious crimes or offences established in accordance with this conveention, in order to obtain, directly to indirectly, a financial or other material benefit"
Following both definitions, organised crime depends on control of two key resources, violence and information ( Varies 2010)
An organised crime group attempts to regulate and control the production and distribution of a given commodity or service unlawfully ( Varies 2010)
This definition is preferred over others focusing on factors such as specialisation, hierarchy or harm.
Several instances of organised crime vary widely on these factors,
/ Some groups are very specialised while others diversify
/ Some groups are hierarchical, while others consist in networks
-This definition instead captures the essential nature of these groups, while not limiting itself to crime that is organised, your typical bank heist is not included
Types of organised crime
Production- type groups
Enterprises specialised in the control of production of illegal goods and services ( Breuer & Verses 2023)
Most often, drugs: opium in Afghanistan and the Golden Triangle; cocain in Colombia, Bolivia, Peru; cannabis in Morocco and the Uk
They tend to be Hierarchical, but most factors are impacted by the local context
/ Nature if the good/service produced
/ Technology
/ Level of enforcement
Trade-type groups
Specialised in the control of transportation and trade of illegal goods and services
The trade can be physical, digital or both
Example of activities, human trafficking, drug trafficking, trade in illegally acquire data, wildlife trafficking, trafficking in antiquities
Governance type groups
Seeking to control entire territories, providing governance to a specific population and or markets
The business is the regulation of interactions and exchanges
Analytically similar to states
Typically local coordinated by a unified committee, distribution coordination,
An example,
The Cartel de Jalisco Nueva Generación, a powerful Mexican independent criminal group, is involved in drug transportation, trade, production, weapons production, and local governance, skin to an OCG
What is Mafia?
Normally protection is guaranteed by the state, through police and courts
Mafia is often used interchangeably with OC
A mafia group is a type of organised crime group that attempts to control the supply of protection
Illegal markets are varied, they concern a broad range of commodities and services,
Few services are as key as protection
/ Protection can be also conceptualised as trust or guarantees, ( Gambetta 19998)
/ As a security order or protection of property rights ( Konrad & Skapredas 2012)
It can be seen as a collective good- one that everyone benefits from, it is a precondition for economic development
Mafiosi operate in those economic transactions and agreements where trust, while of paramount importance, is never less fragile, and where it is either inefficiently supplied or cannot be supplied at all by the state, typically, in illegal transactions in otherwise legal goods, or in all transactions in illegal goods (Gambetta (1988)
An example
The Sicilian Mafia
Emergered in the second half of the 19th century in Sicily, Italy
Product of specific historical conditions; large number of peasants under feudal landlords, change in government after the unification of Italy, weak state institutions, revolutionary movements.
The widespread lack of public trust, weakness of the central state and the desire of the upper classes to maintain power gives rise to an industry of private protection (Gambetta 1996)
Do Mafias Move?
Mafias are rather stationary and tend to be tightly linked to local contexts
Morselli et al (2011) outline several examples from Canada alone
In Canada, several foreign groups are deemed as present and originating rom Russia, Italy, Colombia, Vietnam, China, Korea, Japan and Nigeria. Domestic groups such as the Hell Angeles biker gangs also managed to assert control across the country
Morselli et al identify a series of push and pull factors
/ Push factors refer to forces which drive criminal groups from a setting
/ Pull factors refer to forces which draw criminal groups to a setting
/ in turn, these factors may depend on the criminal markets, ethic belonging and criminogenic conditions
Strategic mobility is mobility on purpose, the criminal group consciously deciding to take a business opportunity elsewhere
Emergent mobility instead is due to local criminogenic factors
Varese (2011) also includes several examples
The Sicilian Mafia managed to expand to other parts of Italy, especially In the north
Exam questions
big business do what they like give me a case study and tell me why
war makes money really well case study and tell me why
International courts only deal with African tell me why
mafia are linked with government give case study and tell me why
Must add a case study an example like a real case and details about them like dates and ideas of the case
Criminological theory
school of thought
greed
rational choice theory poeple commits crime for money
what can we do about it, what are we doing about it can we stop it, mostly the answer is no
both in your face but not understandable to greater detail
who they harm, how far they harm war mostly effects everyone and how successful they are
All is still greed and power not really for harm or evil
Policing the international spectrum L4 p2
National Crime Agency
The national crime agency leads the UK fight to cut serious and organised crime, protecting the public by targeting and pursuing those criminals pose the greastes risk to the UK
Interpol
Used for global
Animal transporation
Environmental crime, illegal mining
Corruption
Drug trafficking
Doesn't really link with the ICC
American based linked with the FBI
/
Red Notice
To seek the location and arrest of wanted persons with a view to extraction or similar lawful action
Blue Notice
To collect additional information about a persons identity, location or activities in relation to a crime
Green Notice
To provide warnings and intelligence about persons who have been committed criminal offences and are likely to repeat these crimes in other countries
Europol is very similar just a global version
Hierarchy of Society
Government
Military
Police
Citizens
Kidnapping, Crimes of immobility and international crime