the blackwell companion to criminology

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The Blackwell Companion
to Criminology
Colin Sumner,
Editor
Blackwell Publishing

THE BLACKWELL COMPANION TO CRIMINOLOGY
BLACKWELL
COMPANIONS
TO
SOCIOLOGY
The
Blackwell
Companions
to
Sociology provide introductions
to

emerging topics
and
theoretical orientations
in
sociology
as
well
as
presenting
the
scope
and
quality
of
the
discipline
as it is
currently configured. Essays
in the
Companions tackle broad
themes
or
central puzzles within
the
field
and are
authored
by key
scholars
who

have
spent considerable time
in
research
and
reflection
on the
questions
and
controversies
that
have activated interest
in
their area. This authoritative series will interest those
studying
sociology
at
advanced undergraduate
or
graduate
level
as
well
as
scholars
in
the
social sciences
and
informed readers

in
applied disciplines.
1 The
Blackwell Companion
to
Social
Theory,
Second Edition
Edited
by
Bryan
S.
Turner
2 The
Blackwell Companion
to
Major
Social Theorists
Edited
by
George Ritzer
3 The
Blackwell Companion
to
Political Sociology
Edited
by
Kate Nash
and
Alan Scott

4 The
Blackwell Companion
to
Medical Sociology
Edited
by
William
C.
Cockerham
5 The
Blackwell Companion
to
Sociology
Edited
by
Judith
R.
Blau
6
The
Blackwell Companion
to
Major
Classical Social Theorists
Edited
by
George Ritzer
7 The
Blackwell Companion
to

Major
Contemporary Social Theorists
Edited
by
George Ritzer
8 The
Blackwell Companion
to
Criminology
Edited
by
Colin Sumner
9 The
Blackwell Companion
to
Sociology
of
Families
Edited
by
Jacqueline
L.
Scott, Judith
K.
Treas,
and
Martin Richards
Forthcoming
The
Blackwell Companion

to
Social Movements
Edited
by
David Snow, Sarah
Soule,
and
Hanspeter
Kriesi
The
Blackwell Companion
to
Social Inequalities
Edited
by
Mary Romero
and
Eric Margolis
The
Blackwell Companion
to the
Sociology
of
Culture
Edited
by
Mark
Jacobs
and
Nancy Hanrahan

The
Blackwell
Companion
to
Criminology
Edited
by
Colin
Sumner
Advisory Editor
William
J.
Chambliss
Blackwell
Publishing
©
2004
by
Blackwell Publishing
Ltd
except
for
editorial material
and
organization
©
2004
by
Colin Sumner
350

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Copyright, Designs,
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Act
1988, without
the
prior permission
of
the
publisher.
First published
2004
by
Blackwell Publishing
Ltd
Library
of
Congress
Cataloging-in-Publication
Data
The
Blackwell Companion
to
criminology
/
edited
by
Colin Sumner.

p.
cm. -
(Blackwell companions
to
sociology)
Includes bibliographical
references
and
index.
ISBN
0-631-22092-5
(alk.
paper)
1.
Criminology.
I.
Sumner, Colin.
II.
Series.
HV6025.B544
2003
364-<k21
2002155267
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Contents
Preface
viii
List

of
Contributors
xiv
PART
I
CRIME, JUSTICE,
AND
SOCIETIES
1
1 The
Social Nature
of
Crime
and
Deviance
Colin
Sumner
3
2
Theories
of
Social
Control
and the
State between
American
and
European Shores
Dario
Melossi

32
3
Criminal Justice Process
and War on
Crime
Markus
Dirk
Dubber
49
4
Criminology, Genocide,
and
Modernity: Remarks
on
the
Companion that Criminology Ignored
Wayne
Morrison
68
PART
II
JUVENILE DELINQUENCY
AND
JUSTICE
FOR
YOUTH
89
5 The
Criminologists' Gang
Jack

Katz
and
Curtis Jackson-Jacobs
91
6
Youth Crime
and
Crime
Control
in
Contemporary
Japan
Mark
Fenwick
125
VI
CONTENTS
7
Consumer Culture
and
Crime
in
Late Modernity
Keith
J.
Hay
ward
143
8 The
Politics

of
Youth Crime
and
Justice
in
South
Africa
Elrena
van der
Spuy,
Wilfried
Scha'rf,
and
Jeffrey
Lever
162
PART
III
PUNISHMENT
AND ITS
ALTERNATIVES
181
9
Penal Policies
and
Contemporary Politics
Pat
O'Malley
183
10

Beyond Bricks, Bars,
and
Barbed
Wire:
The
Genesis
and
Proliferation
of
Alternatives
to
Incarceration
in
the
United States
Barry
R.
Holman
and
Robert
A.
Brown
196
11
Rehabilitation:
An
Assessment
of
Theory
and

Research
Mark
W.
Lipsey,
Nana
A.
Landenberger,
and
Gabrielle
L.
Chapman
211
12
Female Punishment: From Patriarchy
to
Backlash?
Laureen
Snider
228
PART
IV
GENDER
AND THE
MASCULINITY
OF
CRIME
253
13
Beyond
Bad

Girls: Feminist Perspectives
on
Female
Offending
Meda
Chesney-Lind
255
14
Managing
"Men's
Violence"
in the
Criminological
Arena
Adrian
Howe
268
15
Masculinities
and
Crime: Rethinking
the
"Man Question"?
Richard Collier
285
16
"Abominable
and
Detestable": Understanding
Homophobia

and the
Criminalization
of
Sodomy
Mary
Bernstein
309
17
The
Gendering
and
Racializing
of
Criminalized Others
Elizabeth
Comack
325
PART
V
CAPITAL, POWER,
AND
CRIME
341
18
White-Collar Crime
Amedeo
Cottino
343
CONTENTS
Vll

19
"Dance Your Anger
and
Your
Joys":
Multinational
Corporations, Power,
"Crime"
Frank
Pearce
and
Steve Tombs
359
20
Globalization
and the
Illicit Drugs Trade
in
Hong
Kong
K. Joe
Laidler
377
21
Trafficking
in
Human Beings
and
Related Crimes
in

West
and
Central
Africa
Alexis
A.
Aronowitz
and
Monika
Peruffo
394
PART
VI
GLOBALIZATION, CRIME,
AND
INFORMATION
415
22
Globality, Glocalization,
and
Private Policing:
A
Caribbean Case Study
Maureen Cain
417
23 The
Rise
of the
Surveillant State
in

Times
of
Globalization
Thomas Mathiesen
437
24 The
Politics
of
Crime Statistics
William
].
Chambliss
452
25 Two
Realities
of
Police Communication
Aaron
Doyle
and
Richard Ericson
471
26
Hacktivism
-
Resistance
is
Fertile?
Paul
A.

Taylor
486
Index
501
Preface
This
has
been
a
mammoth enterprise
and I am
grateful
to the
contributors
for
making
it
feasible
with their
support,
good
spirit,
and
responsiveness
to my
editing. Considering they
are a
distinguished bunch,
and
therefore very busy,

their commitment
and
patience
reflect
the
altruism
for
which academics rarely
get
credit.
Of
course, some were
not
able
to
join
us, in
fact
a
whole contingent
who
were
to
write
on
ethnicity,
but
this Companion intends
to be
around

for a
while
so
there will
be
future
opportunities
for
growth. Sadly, Rosa
del
Olmo
and
Sue
Lees died during
the
early stages
of the
book
and we
miss their respective
contributions
on
Latin America
and the
delinquency
of
girls.
A
project like this
is

a
labor
of
love,
so I am
grateful
to
Susan Rabinowitz
at
Blackwell
USA for
inviting
me to
pull
the
collection together,
my old
friend
Bill
Chambliss
for
assistance with
US
matters,
my
wife,
Pat,
for her
constant encouragement,
and, especially,

Ken
Provencher, BlackwelPs manager
for
this project,
for his
unfailing
understanding
and
good
cheer.
The
shape
of
this collection
of
essays
reflects
some choices. Criminology
is far
too
vast
to be
compressed, however selectively,
into
one
volume. From
the
outset,
I
have aimed primarily

at
high quality
and a
cutting edge with
a
global
standpoint.
The
most fundamental
feature
of the
volume
is an
international
range
of
expert contributors, around
a
base
of
essays
from
North
America,
who
tackle their
subject
matter
from
a

global perspective, either
in the
sense
of
reviewing their
fields
or
locating crime issues within international debates
and
historical parameters.
My
intention
was not to be
comprehensive
but to
deliver
a
volume
that
would stimulate development within criminology across
the
globe.
The
book therefore contains predominantly sociological criminology,
to
reflect
contemporary thinking
and
current
key

issues.
For the
same reasons,
it
also combines established authorities
in the
field
with some outstanding younger
scholars.
I
have attempted
to
edit
the
volume actively
to
provide
a
collection
that
would,
for
several years
to
come,
serve undergraduates everywhere
PREFACE
IX
in
their appreciation

of
both
fundamental issues
and
areas
of
growth within
criminology.
With these aims
in
mind,
the
volume
had to
combine theoretical
or
general
insights
with explorations
of
specific
empirical areas.
A
broad theoretical over-
view
section
is a
must
for any
international volume, apart

from
its
inherent value
as a
binding thread
for the
book
and for
criminology
as a
whole; hence Part
I. I
then decided
to
select
two
standard areas within criminology which
had a
global
significance
and two
areas which were
at the
forefront
of
recent criminological
thinking.
The
first
criterion produced Part

II,
"Juvenile Delinquency
and
Justice
for
Youth,"
and
Part III, "Punishment
and its
Alternatives";
the
second accounts
for
Part
IV,
"Gender
and the
Masculinity
of
Crime"
and
Part
V,
"Capital, Power
and
Crime."
I
sought essays
for
Parts

II and III
which were innovative
and
fresh;
for
Parts
IV and V
which were summative
yet
moved things
further
forward.
Finally,
for the
last section,
I
wanted
a
topic which might capture
a
global
criminological
imagination
and
mark
this
volume
as
international
and

contem-
porary. This
led to
Part
VI,
"Globalization, Crime,
and
Information," which
looks
at
topics
specifically
reflecting
the
globalization
of
crime issues
and the
huge
role
of
information
in
today's criminal justice systems.
The
first
part
of the
volume
focuses

on a key
theoretical issue within
the
international study
of
crime
and
society:
the
relation
between
the
nation-state,
criminal
justice,
and
social control.
My own
essay explores
the
historical
and
current meanings
of the
criminological axiom that crime
and
deviance
are
social
constructions, with

a
view
to
sharpening
our use of the
word
"social"
in an age
of
globalization
and
sustained divisions within
and
between populations.
The
following
essay
by
Dario Melossi traces
the
history
and
meaning
of the
concept
of
social control, comparing
its
American origins
to its

current European forms.
Both
these essays provide readers with
a
critical background
in
sociological
theories
of
crime, law,
and
deviance, while pointing
to the
importance today
of
issues
relating
to
communications, culture,
and
globalization
for
understanding
the
possibility
of
social control. They also evidence
the
displacement
of

jurispru-
dence
and law by
sociology
and
social control,
a
theme
that
is
taken
further
in
Markus Dubber's essay. Dubber uses
offenses
of
possession
to
illustrate
the
extent
to
which
the
legal
or
due-process model
for
dealing with crime
has

been
suffused
with
the
politically
defined
"war
on
crime."
He
poses
the
question
of
justice
within
a war
setting.
The
blurred
and
neglected relation between
war and
crime underlies Wayne
Morrison's
essay
on
genocide. Outlining
the
significance

of
criminology's neglect
of
genocide,
Morrison
argues
that
any
criminology
which remains bound
to the
nation-state
is
unsustainable
as an
intellectual
enterprise
in
postmodernity.
All
four
essays
in
this section pose fundamental
questions
for
criminology
in the
twenty-first century
and

open
up
themes which
are
explored
in the
rest
of the
volume.
Part
II, on
juvenile
delinquency, begins with another challenge
to a
fundamen-
tal
notion within criminology. Jack Katz
and
Curtis Jackson-Jacobs present
a
sustained
interrogation
of the
meaning
and
value
of
"the
gang"
in US

crimino-
logical research
on
juvenile
delinquency. Through
a
close analysis
of the
meth-
odology
and
analysis
of
gang research,
the
authors show that
the
causal claims
for
the
role
of
gangs
in
promoting criminal violence
are
simply
not
sustained
by

the
evidence
or the
methodology.
In the
next essay, Mark Fenwick examines
the
X
PREFACE
traditional idea
in
criminology
that
Japan's
low
official
rates
of
crime
are an
exceptional
case warranting
a
special explanation based
on
culture.
He
ques-
tions
the

success
of
"reintegrative
shaming" (Braithwaite)
in
Japan,
pointing
to
high recidivism rates,
the
prevalence
of
punitive crime-talk
in
civil society,
low
public
confidence
in
policing, poor treatment regimes,
and low
investment
in the
criminal justice system. Both Katz
and
Fenwick would support
the
idea
in
Hayward's essay that criminology needs

to pay
more detailed attention
to the
relationships between consumer culture
and
crime. Drawing
on
advances
in
cultural
theory, Hayward shows
how the
relationships between commoditiza-
tion
and
crime
can be
understood
in
more depth.
His
essay draws attention
to the
youthful
accomplishment
of
identity through material means,
the
need
to

emphasize
the new
subjectivities
of the
consumer
age in
revising Mertonian
cultural
strain theory,
and the
value
of
more sophisticated ideas about
the
impulsivity
and
sensation-seeking involved
in
juvenile
crime.
The
final
essay
in
this section,
by
Elrena
Van der
Spuy,
Wilfried

Scharf,
and
Jeffrey
Lever
looks
at
successive legal attempts
to
"tame"
South
Africa's
youth
in the
context
of the
moves away
from
apartheid. Youth crime
and
violence remain
high
in
South
Africa:
this
fact
and the
lack
of
success

in
establishing
a
youth
justice
system
are
placed within
the
context
of the
structural imperatives
of
underdevelopment
and the
need
to
advance
a
"criminology
of the
South."
All
the
essays
in
this part
testify
to the
importance

of
placing
juvenile
crime
and its
definition
within
more
precisely defined
and
researched
historical
and
socio-
logical
contexts.
Part
III
deals with punishment
and
looks closely
at its
less discussed
and
less
fashionable
alternatives.
Pat
O'Malley opens
it up

with
an
enquiry into
the
erosion
of
modernist penal reform
and the
reversion
to
expressive violence
in
punishment, placing this development within
the
contexts
of
postmodernity
and
globalization. O'Malley reviews contemporary penal theory
and
argues
for a
more exact explanation
of the
connections between social transformations
and
changes
in
penal policy,
rejecting

epochal theories
of
structural crisis
in
favor
of
accounts which
fully
encompass
the
details
of the
prevailing political ideologies,
such
as
neo-liberalism,
that produce policy change.
The
current "punitive
turn"
warrants
our
attention
to the
state
of
non-custodial sentences,
and in the
next
essay,

Barry Holman
and
Robert Brown trace
the
historical
roots
of
alternatives
to
prison
and
provide
a
summary
of the
wide range
of
community-based sanc-
tions available today
in the
USA. They argue
that
the
evidence does
not
justify
a
"nothing
works"
philosophy

but
that
too
many non-custodial measures produce
increased
surveillance
or
net-widening rather than
offender-specific
treatment.
This essay
is
followed
by
that
of
Mark Lipsey,
Nana
Landenburger
and
Gabrielle
Lynn
Chapman which provides
a
detailed assessment
of the
research evaluating
the
effectiveness
of

rehabilitation schemes.
The
authors
identify
the
themes
in a
variety
of
approaches that produce greater
effectiveness,
rather than prizing
any
one
approach,
and
emphasize
the
socially
valuable
outcomes
of
multi-modal
schemes with certain types
of
offender.
The
final
essay
in

Part III,
by
Laureen
Snider,
examines
the
roots
of one
particular
and
current wave
of
punitiveness,
that aimed
at
female
offenders.
Documenting
the
increased incarceration
of
women internationally
and the
history
of
female
incarceration,
she
explains
why

reformist movements within criminology, including
feminisms,
have
not
PREFACE
XI
stemmed this tide
of
punitiveness.
Her
detailed review locates
the
latter within
contemporary changes
in
political economy.
Moving
on
from
Snider's essay, Meda
Chesney-Lind's
opener
to
Part
IV,
which
focuses
on
gender
and

crime, looks closely
at
criminological ideas about
the
female
offender
and
locates
her
within
broader
social
and
historical
contexts.
She
questions
the
apparently rising
level
of
girls' violence, arguing that there
is
an
undergoing relabeling
of
girls'
offenses
as
criminal which produces this

statistical
effect.
She
also looks closely
at the
link
between increased
female
incarceration
and the
mandatory sentences involved
in
"the
war on
drugs"
as a
war on
"communities
of
color,"
emphasizing
that
the
mass
incarceration
of
African
American women
in the USA has
been

a
function
of the
failure
to
address issues
of
racial inequality.
The
second essay
in
this section,
by
Adrian
Howe,
calls
for the
maleness
of
violence
to be
unequivocally addressed
by
criminology.
The
essay critically reviews
the
"denial"
within criminology
of the

issue
of
male violence,
and
argues
that
there
is an
effective
discursive erasure
of
the
maleness
of
violence. Criticizing work
on
masculinities
for
assisting this
process,
Howe
demands that men's violence
be
addressed head
on as a
"massive
social problem." Richard Collier's essay follows
by
providing
an

extensive
assessment
of the
masculinity literature within contemporary criminology
and
the way
masculinity
has
been problematized. Focusing
on the
ideas
of
hegemonic
masculinity
and
diverse masculinities,
the
issue
of
specific
male
subjectivities
is
addressed through critiques
of
both socialist work
on the
dominant masculinity
and
psychoanalysis-inspired portraits

of the
male psyche. Collier emphasizes
that there remain some very important questions about exactly what
it is
about masculinity
that
produces criminal behavior
and
about
why
"men argu-
ably
remain
the
unexplored, desexed norm
of
criminology."
In the
next contri-
bution
to
this contemporary debate, Mary Bernstein examines
the
roots
of
homophobia
and the
criminalization
of
same-sex erotic relations through

the
sodomy
statutes
in the
USA. Stressing
both
the
cultural
and
social-structural
reasons
for
homophobia,
she
draws attention
to the
"homosocial"
nature
of
societies
at
different
points
in
history which works
to
oppose lesbian
and gay
rights.
The

final
essay
in
Part
IV is
Elizabeth Comack's study
of the
interplay
between gender
and
race
in the
criminalization
of the
rejected Other.
She
uses
the
notion
of law as an
ideological
gendering
and
racializing
practice
to
interpret
the
legal
processing

of a
sample
of
defendants,
a
high
proportion
of
whom were
Aboriginals
charged with violent crime
in
Manitoba.
Her
research demonstrates
the
extent
to
which legal discourse
and
practice
are
infused
with both gendered
and
racialized stereotypes.
Part
V
deals with crimes related
to

capital
and the
state,
both
global
and
national. Amedeo Cottino leads
off
with
an
assessment
of
criminological work
on
"white-collar"
and
corporate crime.
He
argues that criminology needs
to
transcend disciplinary boundaries
if it is to
make
an
effective
job of
studying
white-collar crime
and
spelling

out its
huge implications. Observing
how
often
the
serious crimes
in
this area
are
excused
by
elites
with
no
little interest
in the
matter, Cottino calls
for a
more structural analysis
of
violence
and of the
content
of
the
penal law.
The
following contribution
by
Pearce

and
Tombs examines
the
links
between multinational corporations (MNCs)
and
crime
and the
reasons
why
the
routine criminal activities
of the
MNCs
are
unlikely
to
receive
the
Xll
PREFACE
attention
of the
law. Their study draws upon
the oil
industry
to
illustrate
the
ways

in
which
MNCs
can
ensure their wishes
and
rights transcend
the
social
and
legal
considerations
of
either
nations
or the
international
community. Like
Cottino,
they
too
doubt
that
criminology
is at
present equipped
or
ready
to
deal

with international crimes whilst
it
remains tied
to
nation-state-based
notions
of
crime
and
crime control.
In the
next essay, Karen
Joe
Laidler docu-
ments
the
contemporary drug scene
in
Hong
Kong,
in
both
its
global
and
local
dimensions. Long positioned internationally
as a
colony with
a

thriving drug
trade,
Hong
Kong's illegal entrepreneurs have adapted
to
independence
by
furthering
their local drugs trade.
That
trade
has
taken
on the
patterns evidenced
elsewhere
on the
planet
and has
seen
a big
shift
from
heroin
and
opiate
use
toward
psychotropic drug use, notably amphetamines such
as

ecstasy, marking
a
strong connection with
the
growth
of a
vibrant leisure industry geared
to the
youth culture. Laidler's study illustrates
the
location
of
crime within
a
global
market culture.
The
last essay
of
Part
V, by
Alexis Aronowitz
and
Monika
Peruffo,
shows that transnational market
forces
need
not be
politically legitimate

yet
can
still evade
the
sanctions
of
international law.
The
authors look closely
at
human
trafficking
in
West
and
Central
Africa,
documenting
how it is now
censured
by the UN as
"transnational organized crime"
yet
thriving
as
part
of
a
clutch
of

serious criminal activities involving
the
economic
and
sexual exploit-
ation
of
some
of the
poorest people
on the
planet. Aronowitz
and
Peruffo
indicate
the
links between
the old and new
forms
of
slavery
and how
this
illicit
market
thrives upon
the
internationally sustained
if not
condoned underdevelop-

ment
and
poverty
of
Africa.
Last
and
certainly
not
least, Part
VI
contains
a
range
of
studies illustrating
the
importance
of
globalization
and
"the information society"
to
contemporary
forms
and
patterns
of
crime. Maureen Cain's opening essay shows
how

global-
ization
can
lead
to the
localization
of
acute economic problems related
to
policing
and
crime, through
a
case study
of
private security
officers
in the
Caribbean.
She
demonstrates
how
taking
an IMF
loan
influenced
the
economy
and
private policing

of
Trinidad
and
Tobago
in
recent years.
It
markedly
affected
both
the
range
and
amount
of
illegalities
and the
structure
of
private policing
by
opening
the
territory
to the
full
blast
of
international market forces. Globaliza-
tion

is not
necessarily
the
penetration
of
capital into "the periphery"
but can be
its
export
to
"the center," causing
a
"glocalization"
of
crime conditions
in the
periphery.
The
following essay
by
Thomas Mathiesen,
in
contrast,
illustrates
how the
formation
of a
supranational economic
and
political bloc such

as the EU
can
produce
the
growth
of a
massive
level
of
surveillance activity,
officially
for
the
purpose
of
detecting
and
preventing serious cross-border organized
crime.
The
concept
of
"Fortress
Europe,"
embodied most notably
in the
Schen-
gen
agreement, convention,
and

information system,
has
generated
a
high-
technology super-state organization
of
information,
yet
organized cross-border
crime,
argues Mathiesen,
is
less under threat
as a
result than political freedoms,
and we
face
a
"new McCarthy era" with global dimensions.
The
manipulability
and
misuse
of
information pertaining
to
crime
has no
better

illustration than
the
interpretations
of the
official
US
crime statistics
acutely
observed
in the
essay
by
Bill
Chambliss.
He
demonstrates
in
detail
ways
in
which misleading numbers
and
misinterpretations
of
numbers
can be
PREFACE
Xlll
produced
by

both
official
agencies
and
independent criminologists. Chambliss
argues
that
this massaging
of
information
can
create
and
sustain
major
myths
within
both
criminology
and
society, such
as the
supposed magnitude
of the US
murder rate compared
to
that
of
other nations
and the

alleged recent rise
in
violent
youth crime,
and
deplores
the
increasing politicization
of
crime statistics.
The
following
contribution
from
Aaron Doyle
and
Richard Ericson
turns
our
attention
to the
information networks
and the
role
of the
police within them.
Its
main purpose
is to
observe

the
ways
in
which
the
police
are
these days,
first
and
foremost, knowledge
producers
who are
increasingly driven
by the
knowledge
needs
of
other institutions.
As in the UK, the
possibility
of the
Canadian police
actually
catching
an
offender
is
severely
limited

by the
sheer volume
of
form-
filling
and
data collection, meeting either
the
needs
of
accountability
or the
demand
for
information
from
other institutions such
as
insurance companies.
Policing
in the
information
age is
very much knowledge production
and
net-
working within knowledge management systems. This
"virtuality"
of
crime

illustrated
in the
three preceding essays,
and the
inevitability
of
resistance
to it,
is
developed
in the
final
essay
of the
volume,
by
Paul Taylor.
He
points
to the
growth
of
internet hacking
as a
form
of
political resistance
to the
globalized
information society. Taylor documents

the
growth
of
electronic civil dis-
obedience
and
argues
that
it is an
"imaginative
and
defensible
attempt
to re-
appropriate
new
information technologies
for
society's benefit." Observing
the
immateriality
of
contemporary
capitalism,
Taylor sees
the new
crime
of
com-
puter hacking

as a
major
challenge
to and
within globalization.
As
I
write,
the
growing possibility
of war
against Iraq
and of
more incidents
of
international
"terrorism"
highlight
more
than
ever
not
only
the
political
rele-
vance
of a
global analysis
of

crime
and
justice
but
also
the
sheer necessity
of
international approaches within
any
criminology committed
to
both
scientific
and
useful
knowledge, using interdisciplinary methods
and
thinking, rising
beyond conventional theory
and the
limiting parameters
of
nation-state-based
criminology,
and
confronting
the
realities
of the

information
age in a
globalized
market.
Our
Companion
may be
discomforting
at
times
but it is a
companion
for
a
discomforting
new
century which requires
us to see
"the
big
picture"
and its
implications
for
smaller, more local, scenes
of
crime
and
injustice.
We

have tried
to
capture some
key
criminological snapshots
of
both
big and
small,
and
their
interrelationship, which will help
the
contemporary
student
of
criminology
make sense
of the
world.
Colin Sumner
February
2003
Contributors
Advisory
Editor:
William
J.
Chambliss
is

Professor
of
Sociology
and
Co-Director
of
the
Institute
on
Crime, Justice
and
Corrections
at the
George Washington
University.
He is the
author
and
editor
of
over twenty books, including Power,
Politics
and
Crime;
Making
Law
(with
Marjorie
Zatz,
1999),

Law, Order
and
Power (with Robert Seidman,
1971),
On the
Take (1988),
and
Organizing
Crime
(with Alan
A.
Block,
1981).
Alexis
A.
Aronowitz works
at the
United Nations Interregional Crime
and
Justice
Research Institute
in
Rome
and
Turin, Italy, where
she
coordinates
research activities
for
projects within

the
framework
of the UN
Global Pro-
gramme Against Trafficking
in
Human Beings. Alexis received
her
Ph.D.
in
Criminal
Justice
from
the
State University
of New
York
at
Albany.
She has
held research positions
in the
Netherlands
at the
International Police Institute
at the
University
of
Twente
and the

Research
and
Documentation Centre
of the
Dutch Ministry
of
Justice.
Mary
Bernstein
is
Assistant Professor
of
Sociology
at the
University
of
Connecti-
cut.
Her
research, which
has
appeared
in the
American Journal
of
Sociology
and
the
American Sociological Review,
focuses

on
sexuality, social movements,
and
the
law.
She
recently published Queer Families, Queer Politics: Challenging
Culture
and the
State (ed. with Renate Reimann, 2001). Currently,
she is
completing
a
book
on
lesbian, gay, bisexual,
and
transgender
political
strategies
and
legal change.
Robert
A.
Brown
is a
Visiting Professor
of
Criminal Justice
in the

School
of
Public
and
Environmental
Affairs
at
Indiana University Purdue University
In-
dianapolis
(IUPUI).
He
received
his
doctorate
in
Criminal Justice
from
the
University
of
Cincinnati.
He is a
former senior case developer
for the
National
Center
on
Institution
and

Alternatives' Client
Specific
Planning (CSP) pro-
LIST
OF
CONTRIBUTORS
XV
gram.
His
research interests include intermediate
sanctions,
drug
courts,
and
policing.
Maureen Cain
was the
Chair
of
Sociology
at the
University
of the
West Indies,
Trinidad,
before
returning
to
become Reader
in the

School
of Law at the
University
of
Birmingham.
She was the
recipient
in
1988
of the
American Society
of
Criminology's Sellin-Glueck Award
and is the
current President
of the
British
Society
of
Criminology. Maureen
has
held various appointments
at
Brunei,
the
London School
of
Economics,
the
Institute

of
Criminology
in
Cambridge,
the
European
University
Institute,
and La
Trobe University.
She has
published
six
books including Society
and the
Policeman's Role (1973), Growing
Up
Good:
Policing
the
Behaviour
of
Girls
in
Europe (1989),
and For A
Caribbean Crimin-
ology
(forthcoming,
2004),

and was for
many years
the
Editor
of the
Inter-
national Journal
of the
Sociology
of
Law.
Gabrielle
L.
Chapman
is the
Director
of
Planning
and
Research
at the
Tennessee
Department
of
Corrections
and a
doctoral candidate
in
sociology
at

Vanderbilt
University.
Meda
Chesney-Lind
is
Professor
of
Women's Studies
at the
University
of
Hawaii
at
Manoa.
Her
books include Girls, Delinquency
and
]uvenile
Justice
(with
Randall
G.
Shelden, 1998), which received
the
American Society
of
Criminol-
ogy's Michael
J.
Hindelang Award;

The
Female
Offender:
Girls, Women
and
Crime (1997);
and
Female Gangs
in
America (ed. with John
M.
Hagedorn,
1999).
Her
most recent book
is
Invisible Punishment:
The
Collateral Conse-
quences
of
Mass Imprisonment (co-edited with
Marc
Mauer, 2002).
In
2001
she
received
the
Bruce

Smith
Sr.
Award
from
the
Academy
of
Criminal Justice
Sciences
for
"outstanding contributions"
to
criminal justice.
Richard Collier
is
Professor
of Law at the
University
of
Newcastle upon Tyne.
He has
published widely
in the
area
of
gender
and law and his
publications
include Masculinity,
Law and the

Family
(1995)
and
Masculinities, Crime
and
Criminology (1998).
He is
presently writing
a
book
on law and
fatherhood.
Other current research interests include studies
of
men,
law and
"work-life"
balance,
and
gender, law,
and the
corporatization
of
universities.
Elizabeth
Comack
is a
Professor
of
Sociology

in the
Department
of
Sociology,
University
of
Manitoba.
Her
publications include: Locating Law:
Race/Class/
Gender Connections
(ed.,
1999), Women
in
Trouble: Connecting Women's
Law
Violations
to
Their Histories
of
Abuse (1996),
The
Feminist Engagement
with
the
Law:
The
Legal Recognition
of the
"Battered Woman Syndrome" (1993),

and two
editions
of The
Social Basis
of Law
(with Steve Brickey; 1986
and
1991).
Her
current research project
is
entitled "Women's violence: Gender,
violence
and the
criminal justice
response."
Amedeo
Cottino
is
Professor
of
Sociology
of Law at the
University
of
Turin.
He
has
studied
and

taught
for
many years
in
Sweden where
he
received
his
Ph.D.
His
books
and
articles include Equality
before
the
Penal
Law
(ed. with Claudio
Sarzotti,
1995),
Organized Crime (1998),
and
European Legal Systems
(ed.,
with
P.
Robert, 2000)
and
have also dealt with issues
of

labor laws:
17
Mercato
delle
Braccia
(ed.,
1973)
and
//
Problema
dell'Efficacia
della
Legge (1973);
XVI
LIST
OF
CONTRIBUTORS
Swedish
social democracy:
La
Social
Democrazia
Svedese
(1981);
and
alcohol
politics:
L'Ingannevole
Sponda
(1991).

Aaron Doyle
is
Assistant Professor
of
Sociology
at
Carleton University,
Ottawa.
He has
several forthcoming books: Arresting Images: Crime
and
Policing
in
Front
of
the
Television Camera, Insurance
as
Governance (with Richard Ericson
and
Dean
Barry),
and
Uncertain Business: Insurance
and the
Limits
of
Know-
ledge
and

Risk
and
Morality (both coedited with Richard Ericson).
Markus
Dirk
Dubber
is
Professor
of Law and
Director
of the
Buffalo
Criminal
Law
Center
at the
State University
of New
York,
Buffalo.
He is
editor
of the
Buffalo
Criminal
Law
Review
and has
recently published Victims
in the War on

Crime (2002).
Richard Ericson
is
Principal
of
Green College
and
Professor
of Law and
Soci-
ology
at the
University
of
British Columbia.
His
most
recent visiting appoint-
ments include positions
at All
Souls College, Oxford
and
Universite
Paris
X-
Nanterre.
His
most recent books
are
Policing

the
Risk Society (with
Kevin
Haggerty, 1997)
and
Governing Modern Societies (ed. with
Nico
Stehr, 2000).
His
forthcoming work includes: Insurance
as
Governance (with Aaron Doyle
and
Dean
Barry),
and
Uncertain Business: Insurance
and the
Limits
of
Know-
ledge
and
Risk
and
Morality (both with Aaron Doyle).
Mark
Fenwick
is
Associate Professor

in the
Faculty
of
Law, Kyushu University,
Japan.
He
studied
for his
Master's
and
doctorate
at the
Institute
of
Criminology,
University
of
Cambridge.
He has
written various articles
in the
field
of
crimin-
ology,
and his
research interests include
legal
theory
and the

sociology
of
law.
Keith
J.
Hayward
is a
Lecturer
in
Criminology
at the
School
of
Social Policy,
Sociology
and
Social Research, University
of
Kent.
He has a
Master's
from
the
Cambridge Institute
of
Criminology
and a
doctorate
from
the

University
of
East
London.
His
research interests include criminological theory, social theory,
youth crime, popular culture,
and
terrorism
and
fanaticism.
He is the
author
of
the
forthcoming book
City
Limits: Crime, Consumerism
and the
Urban
Experience.
Barry
R.
Holman
works with statutory agencies, foundations
and
non-profit
organizations, researching
and
developing community-based alternatives

to in-
carceration
for
adults
and
youth.
He
taught sociology
and
criminology
at the
George Washington University
and
Northern Michigan University.
His
degrees
are
from
the
University
of
Wisconsin-Superior
and the
George Washington
University.
He
works
from
his
home

in
Bend,
Oregon.
Adrian
Howe
is
Professor
of
Criminology
at the
University
of
Central Lanca-
shire.
She has
written
Punish
and
Critique (1994)
and
edited Sexed Crime
in the
News
(1998).
Her
most recent contribution
to the
field
of
sexed violence

is
"Provoking polemic: Provoked killings
and the
ethical paradoxes
of the
post-
modern
feminist
condition"
(Feminist
Studies,
2002).
Curtis
Jackson-Jacobs
is a
graduate student
in the
department
of
Sociology
at the
University
of
California,
Los
Angeles. Work based
on his
Master's
research with
college-student crack-cocaine users

has
appeared
in the
journal, Contemporary
LIST
OF
CONTRIBUTORS XV11
Drug Problems.
His
current ethnographic research examines violent
fights
among young Americans.
Jack
Katz
is
Professor
of
Sociology
at the
University
of
California,
Los
Angeles.
He is the
author
of
Seductions
of
Crime

(1988)
and How
Emotions
Work
(1999).
K. Joe
Laidler
is
Associate Dean
of the
Faculty
of
Social Sciences
and
Associate
Professor
in
Sociology
at the
University
of
Hong Kong.
At
present,
her
research
in the
United States includes studies
on the use
patterns

and
problems associated
with club drugs
in
California;
the
relationship between alcohol
and
drug
use and
violence
among
female
gang members,
and
alcohol
and
drug cessation during
adolescent pregnancy.
She is
also
working
on a
number
of
drug-related studies
in
Hong
Kong.
Nana

A.
Landenberger
is a
Research Associate
at the
Vanderbilt Institute
for
Public
Policy
and a
clinical psychologist with several years' experience
in
pro-
viding
cognitive-behavioral treatment
to
adult
offenders.
Jeffrey
Lever
has
worked
in the
Departments
of
Sociology
at the
Universities
of
Stellenbosch, Cape Town

and the
Western Cape
for 25
years.
He is a
former
President
of the
South African Sociological
Association
and
edited
the
South
African
Sociological
Review
from
1992
to
1996.
He is
currently joint managing
editor
of the
African
Sociological
Review
published
by the

Council
for the
Development
of
Social Research
in
Africa,
Dakar, Senegal.
He is a
Visiting
Fellow
of the
Department
of
Sociology
at
Rhodes University, Grahamstown.
Mark
W.
Lipsey
is a
Senior Research Associate
at the
Vanderbilt Institute
for
Public
Policy Studies
and
Director
of the

Center
for
Evaluation Research
and
Methodology
at
Vanderbilt University.
Thomas
Mathiesen
has
been Professor
of
Sociology
of Law at the
University
of
Oslo
since 1972.
He is the
author
of a
number
of
books
in
English
and
other
languages
on the

sociology
of
law, criminology,
the
sociology
of
power
and
counter-power,
and
media sociology.
He is a
co-founder
of the
Norwegian
prisoners'
movement.
Dario
Melossi taught
at the
University
of
California, Davis,
for
several years,
and is now a
Professor
of
Criminology
in the

University
of
Bologna.
His
books
include
The
Prison
and the
Factory
(with Massimo Pavarini,
1981),
The
State
of
Social
Control (1990),
and The
Sociology
of
Punishment (ed., 1998).
He has a
new
book
(in
Italian)
on the
development
of
criminological theories

in
connec-
tion with theories
of the
state
and
social
control.
Since
his
return
to
Italy,
he has
been
researching migrants' criminalization
in the
context
of the
construction
of a
European Union.
Wayne
Morrison
is
Director
of the
External Programme
for
Laws, University

of
London,
and an
academic member
of the
School
of
Law, Queen Mary College,
University
of
London.
He has
published Theoretical Criminology (1995),
Juris-
prudence: from
the
Greeks
to
Post-Modernism (1997),
and a
contemporary
edition
of
Blackstone's
Commentaries
on the
Laws
of
England (2001).
He is

currently
working
on a
history
of the
criminological imagination
and its
silences.
XV111
LIST
OF
CONTRIBUTORS
Pat
O'Malley
is
Canada Research Chair
in
Criminology
and
Criminal Justice.
He is an
author
and
editor
of
many publications
in the
field
of
risk,

and a
member
of
various Australian government bodies concerning crime
and
justice.
Editor
of the
Cambridge University Press
Law and
Society series,
he
serves
on
the
editorial boards
of
many journals
in the
field,
including
the
British
Journal
of
Criminology,
Economy
and
Society,
Theoretical

Criminology,
and Law and
Society
Review.
In
2000
he
received
the
Sellin-Glueck Award
from
the
American
Society
of
Criminology.
His
recent
work
has
focused
on
risk-based models
in the
government
of
social problems, including
two
edited collections: Crime
and the

Risk Society
(1988)
and
Crime Prevention
in
Australia
(1997).
Frank Pearce
is a
Professor
of
Sociology
at
Queen's University, Kingston,
On-
tario.
His
first
book
on
corporate crime
was
Crimes
of
the
Powerful
(1976)
and
his
most recent

is
Toxic
Capitalism (with Steve Tombs, 1998).
He
also recently
published
the
second edition
of The
Radical
Durkheim
(2001).
He is
currently
working
on the
implications
for
social theory
of the
work
of the
College
de
Sociologie,
founded
and
organized
by
Georges Bataille

and
colleagues
in
Paris
in
the
late
1930s.
Monika
Peruffo
received
her
Ph.D.
in
Sociology
of Law
from
the
State University
of
Milan.
She has
been working
in
international cooperation projects
for the EU
and the UN
Interregional Crime
and
Justice Research Institute

(UNICRI).
In her
work with UNICRI,
she
specialized
on
trafficking
in
women
and
children,
particularly
from
the
Balkans
and
from
Nigeria,
and on the
worst forms
of
child labor, such
as
commercial sexual exploitation
and
bonded labor.
She now
works
for the
Global Alliance Against

Traffic
in
Women
(GAATW)
in
Thailand,
where
she
coordinates international advocacy activities.
Wilfried
Scharf
is
Associate Professor
at the
Institute
of
Criminology
at the
University
of
Cape Town, South
Africa.
He is the
principal editor
of The
Other Law: Non-state Ordering
in
South
Africa
(2001)

and is
currently working
on a
monograph
on
African
justice
systems.
He has
contributed
to the
post-
apartheid transformation
of the
justice
system through
the
National Crime
Prevention
Strategy,
the
White Paper
on
Safety
and
Security,
and the Law
Commission working group
on
Community Dispute Resolution Structures.

Laureen
Snider
is a
Professor
of
Sociology
at
Queen's University
in
Kingston,
Ontario,
Canada.
She has
written extensively
on the
punishment
of
women
and
on
corporate
crime.
Her
books
include
Bad
Business: Corporate Crime
in
Canada
(1993)

and
Corporate Crime: Contemporary Debates (coedited with
Frank
Pearce,
1995).
Elrena
van der
Spuy
is a
Senior Lecturer attached
to the
Department
of
Criminal
Justice, Faculty
of
Law,
at the
University
of
Cape Town.
She is a
former Director
of
the
Institute
of
Criminology
at
UCT.

Her
primary research interests revolve
around issues
of
policing.
She has
published
on
aspects
of
South
African
policing
reform,
transnationalism
in
policing,
and the
impact
of
donor assistance
to
criminal justice reform
in
post-conflict
societies.
Colin
Sumner
is a
writer

and
educational consultant.
He was
formerly Professor
and
Head
of the Law
School
at the
University
of
East London
and for
many
LIST
OF
CONTRIBUTORS
XIX
years
a
Lecturer
in
Criminology
and
Fellow
of
Wolfson
College, University
of
Cambridge.

He has
been
a
Visiting Professor
at the
Universities
of
Barcelona,
Hamburg, Berkeley, Simon Fraser,
Queen's
(Kingston),
St.
Mary's,
and Dar es
Salaam.
His
books include Reading Ideologies (1979),
The
Sociology
of
Devi-
ance (1994), Social Control
and
Political Order (ed. with Roberto Bergalli,
1997),
Violence, Culture
and
Censure
(ed.,
1997),

Censure, Politics
and
Crim-
inal
Justice
(ed.,
1990),
and
Crime,
Justice
and
Under
development
(ed.,
1982).
He has
edited
a
book series with
the
Open University Press entitled
New
Direc-
tions
in
Criminology and, with Piers Beirne,
he
founded
and
edited

the
journal
Theoretical Criminology.
Paul
A.
Taylor
is a
Senior Lecturer
in the
Sociology
of
Technology
at the
Univer-
sity
of
Salford.
His
previous
work
includes Hackers: Crime
in the
Digital
Sublime
(1999)
and his
recent publications
focus
upon
the

phenomenon
of
hacktivism
and
digital culture
in
general.
He was
recently appointed
as the
evaluator
of the
Economic
and
Social Research Council's Virtual
Society?
programme.
Steve
Tombs
is a
Professor
of
Sociology
at
Liverpool John
Moores
University
and
Chair
of the

Centre
for
Corporate Accountability.
His
main recent publica-
tions
are
Corporate Crime (with Gary Slapper, 1999)
and
Toxic
Capitalism (with
Frank Pearce,
1998).
He
recently
coedited
Risk,
Management
and
Society
(with
Eve
Coles
and
Denis Smith, 2000),
and is
currently coediting
a
book
with Dave

Whyte,
Researching
the
Crimes
of the
Powerful:
Scrutinising States
and
Corporations (2002).
This page intentionally left blank
Part
I
Crime, Justice,
and
Societies
This page intentionally left blank
1
The
Social
Nature
of
Crime
and
Deviance
COLIN
SUMNER
No
Companion
to
Criminology

in the
twenty-first century would
be a
truly
sociable companion unless
it
explored
the
meaning
and
value
of
"the
social"
in
an age of
suspicion
and
distrust.
Most
of the
contributions
to
this volume
are
sociological
in
nature, reflecting
the
predominance

of
sociology within global
criminology. They deal with phenomena
often
described
by
sociologists
as
socially
constructed
but
usually seen, conversely,
by the
public
as the
antisocial
activities
of
antisocial individuals. This
difference
of
standpoint suggests
a
problem.
Criminologists
are
concerned with
the
ways
that

social conditions
and
insti-
tutions produce
or
construct crime
and
deviance. Many argue
that
psycho-
logical, psychiatric, legal, medical,
and
other perspectives based upon
the
individual
as the
root
cause
of
social phenomena
are not the
best ones
for
understanding
or
explaining crime
and
deviance, while accepting that they
may
have more

to
offer
in the
practical day-to-day handling
of
individual
offenders.
Criminologists concerned with explanation rather than detection
or
treatment tend
to
take
the
view
that
collective
or
aggregate phenomena
are the
result
of
collective
or
aggregate conditions,
just
as
Durkheim
saw
consistent
suicide rates over time

as a
direct index
of
persistent social realities (1970
[1897]),
or as
Marx
saw
forms
of law as a
reflection
of
predominant social
relationships (see
Marx
and
Engels 1968).
For
most Criminologists, social
facts
require social explanations.
Therefore,
it
might
be
useful
for
criminology students
to
explore what

this
means:
to
know,
or to
think critically about, what
is
social about crime
and
deviance.
Too
often
the
meaning
of the
social nature
of
crime
and
deviance
is
taken
for
granted
and the
professional usage
of the
term
"social"
has

become
sloppy, with
the
result
that
it is too
often
unclear that anything
specific
is
being
gained
by
describing crime
and
deviance
as
"social"
problems.
This
essay seeks
to
outline
and
clarify
what
we
have understood
as the
social construction

of