scholarly journals An Expanded Analytical Gaze on Penal Power: Border Criminology and Punitiveness

Author(s):  
Jose A. Brandariz

Border criminology authors have recently called for an expansion of criminological conceptions on penal power to include migration law enforcement devices. An amplified analytical gaze on penality is critical to challenge mainstream notions of punitiveness—an academic effort that is particularly relevant because incarceration rates are declining in many Global North jurisdictions. This paper explores various implications of this border criminology contribution to academic debates on punitiveness by investigating the interrelation of incarceration rate changes with detention and deportation data. In so doing, it contributes to the burgeoning theoretical debate on the impact of immigration enforcement policies on current penal changes.

2019 ◽  
Vol 3 (1) ◽  
pp. 157-183 ◽  
Author(s):  
Benedita Menezes Queiroz

Counter-terrorism and public security measures have significantly altered EU immigration law. Under the premise that EU instruments which regulate EU immigration databases influence the legal regime of irregularity of migrants’ statuses, the present article argues that the latest developments in the area of data technology contribute to the phenomenon of “crimmigration”. This is so not only because they may generate a sort of “digital illegality” due to their impact on the categorisation of migrants, but also because they enable a conflation of treatment of irregularity, asylum seeking and criminality. This article focuses on the recent amendments and proposals for amendments to the EURODAC Regulation, a database that regulates the asylum fingerprint system in the EU. This is revealing of the ongoing broadening of the purpose of that data and law enforcement access to the collected information. The argument finds its basis in three main trends common to these databases: the erosion of the principle of purpose limitation, the widening of access to data by law enforcement authorities, and the digitalisation of borders through biometrics. Ultimately, this article claims that the level of surveillance of certain categories of migrants that may cross the borders of the EU puts at risk the distinction between illegally staying irregular migrants and criminals, given that the treatment of their personal data is insufficiently clear in practice.


2015 ◽  
Vol 105 (2) ◽  
pp. 329-337 ◽  
Author(s):  
Scott D. Rhodes ◽  
Lilli Mann ◽  
Florence M. Simán ◽  
Eunyoung Song ◽  
Jorge Alonzo ◽  
...  

Author(s):  
Emilio A. Parrado

This article relies on local area variation in immigration policies, specifically the local implementation of the 287(g) program, and economic conditions to estimate their impact on changes in the size of local Mexican immigrant populations between 2007 and 2009. The author also investigates the impact of the 287(g) program on the employment prospects of low-skilled native black and white workers. The study finds that outside of four influential outliers (Dallas, Los Angeles, Riverside, and Phoenix), there is no evidence that the 287(g) program impacted the size of the Mexican immigrant population. In addition, there is no evidence that immigration enforcement policies mitigated the negative impact of the economic recession on the native population, even in the four outliers where the program was strongly enforced. The author highlights the limited efficacy of immigration enforcement as a way to resolve the issue of the undocumented immigrant population and for altering the employment opportunities of native workers.


2016 ◽  
Vol 77 (4) ◽  
pp. 240-246 ◽  
Author(s):  
L. Mann ◽  
F. M. Siman ◽  
M. Downs ◽  
C. J. Sun ◽  
B. U. de Hernandez ◽  
...  

2021 ◽  
pp. 147737082110006
Author(s):  
José A. Brandariz

In what might be called the ‘austerity-driven hypothesis’, a consistent strand of literature has sought to explain the prison downsizing witnessed in many jurisdictions of the global north over the past decade by referring to the financial crisis of the late 2000s to early 2010s and its effects in terms of public spending cuts. Since this economic phase is essentially over, whereas the (moderate) decarceration turn is still ongoing, there are good reasons to challenge this hypothesis. This article delves into the non-economic forces that are fostering a prison population decline that, 10 years on, is becoming the new ‘penal normal’. The article thereby aims to spark a dialogue not only with the scholarship exploring the prison downsizing but also with certain theoretical frameworks that have played a key role in examining the punitive turn era. Additionally, the article contributes to the conversation on the need to reframe materialist readings on penality in a ‘non-reductionist’ fashion. By revisiting heterodox theses and scrutinizing the impact of recent penal changes on traditional materialist accounts, the article joins the collective endeavour seeking to update political economic perspectives on punishment and the penal field.


Author(s):  
Luca Giommoni ◽  
Giulia Berlusconi ◽  
Alberto Aziani

AbstractThere is a relative dearth of literature on both the effects of cross-border interdictions and the impact of different types of interventions on international drug trafficking. This study identifies the main trafficking routes for cocaine and heroin, along with comparing the disruptive effects induced by targeted and non-coordinated interventions. It adopts a social network approach to identify the routes along which cocaine and heroin are trafficked, and then simulates the impact of different interdiction strategies on these two trafficking networks. The findings indicate that targeting countries based on their respective positions in the networks, as opposed to on the basis of the quantity of drugs exchanged, is more likely to disrupt drug flows. More specifically, concentrating law enforcement resources on countries with several incoming or outgoing trafficking connections, or those countries that mediate between producer, transit and consumer countries, would appear to be particularly effective in this regard. Interventions focused on specific trafficking routes are also likely to be effective if these routes have high edge betweenness centrality scores. This study contributes to extant understanding on the vulnerability of cocaine and heroin international trafficking networks, and, moreover, demonstrates that empirically-driven strategies are potentially more effective at interdicting international trafficking than non-strategic and non-coordinated interventions.


2016 ◽  
Vol 3 (1) ◽  
pp. 82-95 ◽  
Author(s):  
Amada Armenta

Deporting “criminal aliens” has become the highest priority in American immigration enforcement. Today, most deportations are achieved through the “crimmigration” system, a term that describes the convergence of the criminal justice and immigration enforcement systems. Emerging research argues that U.S. immigration enforcement is a “racial project” that subordinates and racializes Latino residents in the United States. This article examines the role of local law enforcement agencies in the racialization process by focusing on the techniques and logics that drive law enforcement practices across two agencies, I argue that local law enforcement agents racialize Latinos by punishing illegality through their daily, and sometimes mundane, practices. Investigatory traffic stops put Latinos at disproportionate risk of arrest and citation, and processing at the local jail subjects unauthorized immigrants to deportation. Although a variety of local actors sustain the deportation system, most do not see themselves as active participants in immigrant removal and they explain their behavior through a colorblind ideology. This colorblind ideology obscures and naturalizes how organizational practices and laws converge to systematically criminalize and punish Latinos in the United States.


2015 ◽  
Vol 16 (1) ◽  
pp. 74-76
Author(s):  
Miriam Fisher ◽  
Brian McManus

Purpose – To explain the details and implications of a September 9, 2014 federal indictment, US v. Robert Bandfield, the first time a Foreign Account Tax Compliance Act (FATCA) violation has been charged as an “overt act” in furtherance of a tax conspiracy and securities fraud. Design/methodology/approach – Provides background, including the enactment of FATCA and the details of the indictment; describes an undercover investigation conducted by President Obama’s Financial Fraud Enforcement Task Force; and discusses the warnings this indictment sends to the global financial community. Findings – The indictment confirms the coordinated and aggressive tactics US law enforcement is now employing to investigate and prosecute offshore financial fraud. Practical implications – Banks and financial service providers need to be aware of the impact of enhanced US regulatory obligations and implement appropriate compliance measures. These institutions must also remain sensitive to risks presented by unscrupulous customers. Finally, they must be ready to manage appropriately information-gathering and investigatory inquiries originating with US authorities. Originality/value – Practical guidance from experienced tax controversy lawyers.


Neurology ◽  
2021 ◽  
Vol 97 (15) ◽  
pp. 729-736 ◽  
Author(s):  
Gillian L. Gordon Perue ◽  
Susan E. Fox-Rosellini ◽  
Nicole B. Sur ◽  
Erika Marulanda-Londono ◽  
Jason Margolesky ◽  
...  

Recent racial inequities as illustrated by the health disparities in COVID-19 infections and deaths, the recent killings of Black men and women by law enforcement, and the widening socioeconomic inequality and have brought systemic racism into a national conversation. These unprecedented times may have deleterious consequences, increasing stress, and trauma for many members of the neurology workforce. The Equity, Diversity, Inclusion and Anti-Racism Committee within our Department of Neurology provides infrastructure and guidance to foster a culture of belonging and addresses the well-being of faculty, staff, and trainees. Here, we present the creation and implementation of our Equity, Diversity, Inclusion, and Anti-Racism (EDIA) Pledge, which was central to our committee's response to these unprecedented times. We outline the process of developing this unique EDIA Pledge and provide a roadmap for approaching these important topics through a Continuing Medical Education Neurology Grand Rounds aimed at fostering a diverse, inclusive, equitable, and antiracist work environment. Through the lived experiences of 4 faculty members, we identify the impact of bias and microaggressions and encourage allyship and personal development for cultural intelligence. We hope that these efforts will inspire neurology departments and other academic institutions across the globe to make a similar pledge.


Author(s):  
Wendi Pollock ◽  
Natalia D Tapia ◽  
Deborah Sibila

The death of George Floyd on 25 May 2020 again left people asking why U.S. police officers so commonly resort to the use of deadly force when interacting with Black individuals. The current article proposes that media, combined with cultivation theory and social cognition concepts may create implicit biases that are potential contributors to this problem. Police officers have a greater vulnerability to these biases because intake of crime-related media positively predicts their interest in selecting law enforcement as a career. Other predictors of an interest in working in law enforcement, and implications of these findings, are discussed.


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