ISSN 1729-8164 Newsletter of the EUROPEANCRIMINOLOGY SOCIETY OF IN CRIMINOLOGY EUROPE

VOL. 5 • NO. 1 NEWSLETTER OF THE EUROPEAN SOCIETY OF CRIMINOLOGY MARCH 2006 ESC in Tübingen in 2006 By Hans-Jürgen Kerner The European Society of excellent restaurants, bars, Criminology’s sixth annual coffee shops, and cultural conference will take place in attractions, among them historic Tübingen, Germany on August buildings, Hohentübingen 26 to 29, 2006. It will be hosted Castle, the city museum, and the by the Institute of Criminology castle museum. In the of Eberhard-Karls-University, surrounding area, impressive with support from German, limestone caverns with Austrian, and Swiss stalagmites and stalactites can criminological associations. be visited. Among the many Tübingen is a beautiful city must-see regional sites are which retains many historic Hohenzollern Castle (the buildings and houses one of birthplace of the last German Germany’s great universities. The conference will be held in dynasty), the Roman villa of Stein, the Roman wall and university buildings near the town centre. museum in Rottenburg, and the State Gallery of Arts in A wide range of accommodation from fine hotels to Stuttgart. student hostels is available. Part of Tübingen’s charm is that it is not an enormous city; accommodation is limited. The Conference Early registration and early hotel reservations are The conference will be held in university buildings on recommended. the edge of the town centre: the “Copper Building” with The town offers a number of large hotels, but also large new lecture halls, the “New Aula” with the ceremonial pensions, apartments, and guest houses. In the centre are Continued on page 8

NOMINATIONS SOUGHT FOR ESC PRESIDENT NOMINATIONS SOUGHT FOR EDITOR OF AND A T-LARGE BOARD MEMBERS EUROPEAN JOURNAL OF CRIMINOLOGY

Nominations and applications are sought for the David Smith is stepping down from the editorship ESC presidency for 2007-2008 and for two two- of the European Journal of Criminology and a year positions as at-large board members. successor must be reappointed. Enquiries should Nominations must be received by May 15, 2006. be directed to Professor Smith The president is elected for a three-year term, ([email protected]) Persons interested in president-elect, president, and past president for succeeding him for a term of up to 5 years should one year each. Nominations will not be regarded advise Marcelo Aebi by May 1, 2006. as final without confirmation by the person nominated.

Applications should be sent to: INSIDE THIS ISSUE:

Marcelo Aebi, Executive Secretary Sex Offenders ...... page 3 Rico Cejudo 49 -3C Organised Crime in Europe ...... page 3 E-41005 Sevilla SPAIN Money Laundering in Europe ...... page 3 Tel./Fax: 34 954 094173 News from the Secretariat ...... page 5 Email: [email protected] News from the European Journal ...... pages 6-7 PAGE 2 MARCH 2006 EUROPEAN SOCIETY OF CRIMINOLOGY Message from the President Watching Youth Criminal Policy Trends in Europe By Hans-Jürgen Kerner The violent aftermath the Bundesrat that was to the Danish newspapers’ several times rejected cartoons depicting the under the last VOL. 5, NO. 1 prophet Muhammad government. It aims to FEBRUARY 2006 occurred mostly in Islamic introduce stark Criminology in Europe is countries. However, even modifications into the published by the European if “the West” has been Youth Court Law. The Society of Criminology. spared from violent well-established system The editorial office is located at NSCR demonstrations, those of either-way jurisdictions P.O. Box 792 foreign events may in which 18-20 year old 2300 AT Leiden accelerate the “tightening defendants can be dealt The Netherlands up” of domestic security systems of with by the competent youth courts Tel: 31 71 527 8527 European countries, including how according to either substantive Fax: 31 71 527 8537 Email: [email protected] public space is policed and how juvenile law or substantive adult law crimes are handled. Fears of outside would be eliminated. ‹ threats may attach to minorities within All such young people would be President—Hans-Jürgen Kerner our societies. This fragile sense of dealt with as full adults, except in a President-Elect—Kauko Aromaa domestic security adds to a general restricted category of cases of Executive Secretary—Marcelo Aebi mood of unease and negative severely hampered psychosocial Journal Editor—David J. Smith expectations sparked up by the press, development. Even for the latter, Newsletter Editor—Michael Tonry especially the tabloids, and by certain maximum sentences would increase Member—Uberto Gatti politicians. from ten to fifteen years, and young Member—Gorazd Mesko In France, the recent uproar among people would become eligible for minorities living in the banlieues has preventive detention. ‹ led the minister of home affairs to The so far failed initiative is likely Communications should be propose harsh methods of dealing to eventually become law. Proposals addressed as follows: with mainly minority youth. This may to lower the age of criminal add momentum to changes in youth responsibility from 14 to 12 years of To the president: Hans-Jürgen Kerner criminal policy that started a few years age are also likely. University of Tübingen ago with thoroughgoing revisions of Those developments do not Department of Criminology the French youth court that move the signify a definite “turning point” in Sand 7 system away from education and European youth policy and juvenile D-72076 Tübingen treatment, and towards more explicit justice which have, in most countries, GERMANY Tel: 49 7071 297 29 31 punishment values. respected humane, rational, and Fax: 49 7071 29 51 04 In Germany, the minister of justice inclusion-oriented ideals instead of Email: hans-juergen.kerner@uni- in one northern state initiated an harsh and exclusionary values. tuebingen.de overhaul of the correctional system, Criminologists should, however, pay with the aim of eliminating much more attention to what is going To the executive secretariat: Marcelo Aebi sociotherapeutic and other on in public opinion, public policy, Rico Cejudo 49 -3C institutions characterised as election campaigns, and legislative E-41005 Sevilla representing a “soft” attitude towards bodies, and mainstream discourses in SPAIN crime and “hardened criminals.” The professional and scholarly journals. Tel./Fax: 34 954 094173 same minister announced that the Radical policy proposals that are Email: [email protected] juvenile justice system has totally not contested clearly and succinctly Concerning the 2006 meeting: failed and suggested that juvenile may prepare the soil for concrete Hans-Jürgen Kerner justice should be abolished. legislative, judicial, and administrative University of Tübingen This comparatively extreme position actions that could reverse the “age of Department of Criminology has no realistic chances of adoption in juvenile justice” Europe has been Sand 7 D-72076 Tübingen the foreseeable future. However, it is committed to for a couple of decades. GERMANY remarkable that a politician responsible The ESC has a suitable forum in its Tel: 49 7071 297 29 31 for justice policy feels comfortable thematic working group on juvenile Fax: 49 7071 29 51 04 espousing such radical ideas. justice, started and steered by our Email: hans-juergen.kerner@uni- In February 2006, some state former president, Josine Junger-Tas, tuebingen.de governments reintroduced a bill in the that is working to play this role. „ EUROPEAN SOCIETY OF CRIMINOLOGY MARCH 2006 PAGE 3 Money-Laundering in Organised Crime Europe in Europe By Michael Levi By Letizia Paoli and Cyrille Fijnaut People who commit serious crimes for economic gain Since the early 1990s the fight against organised crime want not only to evade imprisonment but also to enjoy the has been one of European politicians’ and government fruits of their crimes. Often, this enjoyment takes the form agencies’ most effective arguments to enact reforms of of immediate (sometimes conspicuous) consumption. More criminal laws and procedures, introduce new offences and Calvinistic and economically ambitious people – and those special investigative powers for law enforcement agencies, who make so much money that they cannot sensibly spend and propel the transnationalisation of crime control and it all immediately – may save some proceeds to enjoy them criminal justice. later. Laws against handling stolen property were generally The first comparative assessment of organised crime held to refer only to the physical property obtained in the concepts, patterns, and control policies in thirteen course of the crime. Since the mid-1980s, however, the European countries, which we coordinated jointly for over disguise or concealment of proceeds of crimes has itself three years (Fijnaut and Paoli 2004), shows that significant been criminalised as ‘money laundering’ in most parts of policy changes were made not just at European Union and the world. Council of Europe levels but in all the countries analysed. The term ‘money-laundering’ sounds as if it refers to Among these are seven ‘established’ Member States of the complicated global movements of capital by evil financial European Union (Denmark, France, Germany, Italy, the geniuses to legitimise vast sums. Most prosecutions are Netherlands, Spain, and the United Kingdom), two new instead for relatively unsophisticated self-laundering, such Eastern European members (the Czech Republic and as putting money in an onshore bank account in one’s own Poland), a candidate country (Turkey), and three non-EU name or borrowing money against the collateral of funds countries (Albania, Russia, and Switzerland). deposited in overseas accounts (van Duyne and Levi 2005; Reuter and Levi, forthcoming; Reuter and Truman 2004). In Internationalisation of Policy-Making this sense, the wide span of organisation and It is by no means excessive to say that organised crime sophistication in laundering is analogous to that of policy in Europe has increasingly transcended national ‘organised crime’ (Fijnaut and Paoli, this issue; Levi 2002, boundaries and since the late 1990s has become a matter of forthcoming). international politics and hence also of the foreign policies Continued on page 14 Continued on page 12 Sex Offender Policies in Five Countries By Hilda Tubex Sex offenders have gained prominence in the sentencing are classified as “abuse of sexual autonomy” (Straftaten debate. There has been a tendency to decriminalise some gegen die sexuelle Selbstbestimmung) and described as sexual acts (e.g., homosexuality, sodomy) while sexual aggression (sexuelle Nötigung). Rape criminalising others (e.g., rape within marriage or (Vergewaltigung), introduced into the law in 1974, also irrespective of the victim’s sex). This has been associated implies aggression (Gewalt) (Klopp 2002; Tubex 2002). with increasing severity in punishment for certain sexual crimes, but significant variation in policies on punishment Decriminalisation and prevention also exist. The decriminalisation of certain sexual acts is part of a broader trend that began in the 1960s. A number of Changes in the Legal Concepts activities have disappeared from the statute books. These In a number of countries, concepts of sexual offending include adultery, homosexuality, and abortion (in particular are changing. In some countries, this has resulted in an circumstances). However, this broader tolerance of non- exhaustive review of the legal basis of criminalised sexual injurious, consensual, sexual behaviour has been behaviour. In others, developments have been more piece- associated with a hardening of responses to other sexual meal. This is reflected in differences in the taxonomies of behaviour. Increasingly, attention is given to activities that sexual offences. Out-of-date and often moralizing could be “dangerous” in the sense that they could lead to terminology has been replaced. Increasingly the emphasis delinquency or cause injury to others (Van de Kerchove is on violence inherent in sexual abuse. For example, in 1987). France, since the new Code Pénal of 1994, sex offences have been classified as “crimes against the person.” New Alternative Treatment Methods concepts such as “sexual aggression” (agressions Throughout the 1960s the use of prison sentences was sexuelles) and “sexual harassment” (harcelement sexuel) questioned and, influenced by studies that showed that were introduced (Lameyre 2001). In Germany these crimes Continued on page 16 PAGE 4 MARCH 2006 EUROPEAN SOCIETY OF CRIMINOLOGY

NEWS FROM THE EXECUTIVE SECRETARY

By Marcelo Aebi The Executive Board met in Leiden, been to past-president). the Netherlands, on December 10, 2005. increase participation Journal Conferences by The European Journal of Plans for Tübingen are going well, criminologists Criminology (EJC) was a dream of the A number of applications to host from Eastern ESC’s founders when David J. Smith future meetings have been Europe. In was appointed editor at the first considered. Arrangements were that context, General Assembly in Lausanne. David finalised to hold the 2007 meeting in a new ESC and his team made that dream into a Bologna. Maric Barbagli will chair the Working reality. An excellent summary of the organising committee. The 2008 Group on first years of the EJC can be found in meeting will be in Edinburgh, though Eastern an editorial introduction included in final details are still being worked out. European the January 2006 issue. David’s Richard Sparks will serve as chair. Criminology has been approved. mandate is approaching its end. The Beata Gruszczynska (Warsaw board invites applications for the Awards University) and Louise Shelley position of Editor of the EJC. As announced during the General (American University) will coordinate. Please send nominations and Assembly in Krakow, the Board It will have its first meeting in applications for at-large board considered the idea of creating Tübingen. Another working group, for members and president of the ESC, European Society of Criminology young researchers, is under and applications for the position of awards. It was decided to introduce an development. editor of the EJC, to the Executive award for junior researchers. The Secretariat by e-mail (secretariat@esc- board also discussed a second Elections eurocrim.org). possible award that would recognise According to the modifications to work done, especially by people or section 4 of the ESC Constitution The ESC had 480 members in 2005, institutions not in an academic approved by the General Assembly in of whom 105 were students. These are environment, to implement innovative Krakow, the ESC in 2006 will elect two the greatest numbers since the policies. An open session will be held at-large board members and a creation of the ESC. During January, in Tübingen to discuss how these president. The at-large board members members received an e-mail inviting awards should be administered. will be elected for two years and the them to renew memberships for 2006. president for a three-year term (the In that regard, I beg you to take note Working Groups first year as president-elect, the of the new address of the Executive One continuing ESC priority has second as president, and the third as Secretariat given on page 2.„ The European Journal of Criminology: The first two years By David J. Smith When the European Society of Breadth of Coverage police intelligence systems to the Criminology was founded, it was clear The EJC aims to ‘publish articles biology of crime, from burglary hot- that Europe needed its own forum for using varied approaches, including spotting to the indictment of Milosevic. publication of findings on crime and discussion of theory, analysis of A substantial number of articles criminal justice. quantitative data, comparative report quantitative results (for Much published research is studies, systematic evaluation of example, Francis, Soothill, and inaccessible to scholars from other interventions, and study of Fligelstone on identifying types of countries because of language institutions and political process (the offending behaviour in issue 1.1, and barriers. Although there are many list is not exhaustive).’ Oberwittler on the effects of the good English language journals, these On the whole, the objective of neighbourhood context on juvenile are dominated by articles from local reflecting the variety of European offending in issue 1.2). authors about local or regional issues. criminology has been achieved over A smaller number of articles report It seemed essential to have a journal the first two years. The subject matter results of qualitative research or case that serves scholars across the full has ranged widely, from Russian studies (for example, Hobbs, Winlow, range of European countries. prisons to juvenile delinquency, from Hadfield, and Lister on alcohol and EUROPEAN SOCIETY OF CRIMINOLOGY MARCH 2006 PAGE 5 night-time city violence in issue 2.2, Poland, Estonia, the Republic of scholars recently invited to join and Piacentini on barter in Russian Ireland, Greece, Spain, and Germany. agreed to do so, and many went out of prisons in issue 1.1). Surveys of Italy, Iceland, and the their way to express their enthusiasm Some articles report the results of Netherlands are planned. for the enterprise. This is a sign that comparative research based on As the coverage is gradually the journal is gathering momentum. identical or closely similar measures in extended over the whole of Europe, In addition to the international different countries (for example, these surveys will make available in advisory board, which by its nature Esbensen and Weerman on youth English a base of information about must be large, a small editorial board gangs in the U.S. and the Netherlands each country, most of it gleaned from of five meets once a year to discuss in issue 2.1, and van Wilsem on sources in the original languages that journal policy. At its meeting in victimization in 27 countries in issue are inaccessible to most scholars January 2005, the board decided to 1.1). Others adopt a comparative eleswhere. The references provide a publish a number of thematic issues, perspective (for example, Hodgson on starting point for research on specific at the rate of about one a year. A guest the detention and interrogation of issues, and the collection of surveys, editor will take charge of each special suspects in police custody in France as it grows, will constitute an issue (they will not include country in issue 2.1, or Sattar and Killias on important resource for comparative surveys). Recognising the profound the death of offenders in Switzerland studies. After two years, this significance of recent events, the first in issue 2.3). European dimension is well-defined. special issues will be on organised There have been articles on the Whereas other criminology journals crime and terrorism. Two more are political background to crime and include the occasional article by a planned: one on migration, ethnic criminal justice (for example, Estrada European author outside the UK, the minorities, and crime; and on on the transformation of the politics of EJC includes many. Most report on evidence-based policies on crime and crime in high crime societies, and findings from European countries, and criminal justice. Hagan and Levi on the Milosevic a number deal with distinctively Following a suggestion made at the indictment and the rebirth of European concerns, such as war ESC meeting in Toledo, the journal international criminal justice in the crimes in the former Yugoslavia, published abstracts of all articles in same issue) together with articles on standards of integrity in the new French and German as well as in the impact of the media (for example, Bosnian police force, or the impact of English over the first two years. The Pfeiffer, Windzio, and Kleimann in the Northern Ireland conflict on editorial board however decided at its issue 2.3). policing in Britain and in Ireland. January 2005 meeting to discontinue There have perhaps been too few the practice. The value of the strongly theoretical articles: Policies and Personnel translations of abstracts was seen as nevertheless, two examples are Killias The EJC is a refereed journal, more symbolic than practical. English in issue 3.1, which presents a theory meaning that in principle all articles, has been adopted because in practice of crime waves, law creation, and including any (such as country it is the best medium for international crime prevention, and Ellis in issue 2.3, surveys) that are commissioned by communication. In France and which expounded a theory explaining the editor, are anonymously reviewed. Germany, there are few scholars who biological correlates of criminality. (In practice, it has not been possible would not be able to read an abstract to have some country surveys in English. Outside France and Diversity of Writers reviewed because of time constraints, Germany, there are few scholars who An important aim is to include but that is not expected to continue.) would find it easier to read an abstract contributions from the widest possible The input by referees and by the in French or German than in English. range of European countries, both editor in developing articles can be From issue 3.1 onwards, abstracts within and beyond the European substantial, and this nurturing role is appear only in English. Union. Nevertheless, now and for an important element of the journal’s Experience so far suggests that the some time in the future there is bound mission. It was nevertheless very hard model originally envisaged for the to be a preponderance of articles from to provide the required level of journal is sound. It has taken off, and countries where criminology is already support to authors because there were looks set to fly a long way. The early well-developed, though every effort is not enough members of the changes reported here are relatively made to encourage and develop international advisory board, which is minor, but probably the first of many, submissions from countries where the the main pool from which referees are since any dynamic project must tradition is young. drawn. This problem has been involve a continuous process of The balance has been redressed to addressed through an overhaul of the development. Through the two some extent by including a country membership of this board, including journal boards, through our survey in every issue: an accessible, recruitment of 18 new members. interactions with authors, and through but authoritative and detailed The reconstituted board includes the journal’s panel sessions at each summary of research on crime and an impressive range of skills and annual ESC meeting, we hope to set criminal justice in a selected country. specialisms, so that it is much easier up a structure in which future changes Countries surveyed over the first two to find appropriate reviewers among emerge from dialogue with the years were France, Switzerland, its members. Each of the eminent journal’s various constituencies.„ PAGE 6 MARCH 2006 EUROPEAN SOCIETY OF CRIMINOLOGY

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Application forms and Graduate Prospectus are available from: Graduate Admissions Office, http://www.admin.ox.ac.uk/gsp/apply/ Tel: +44 (0)1865 (2)70059/60/80 EUROPEAN SOCIETY OF CRIMINOLOGY MARCH 2006 PAGE 7

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Tübingen 2006 Continued from page 1 hall, the auditorium maximum, and Nazi dictatorship; and, since 1952, the Hohentübingen Castle from which other, smaller, lecture halls and meeting State of Baden-Württemberg, a Land there is a panoramic view of the rooms nearby. of the Federal Republic of Germany. Swabian Alb. The conference theme is In the aftermath of an uprising by Tübingen has some 85,000 “Understanding Crime: Structural and the people of the Rems Valley in inhabitants. Developmental Dimensions, and their Württemberg, Tübingen’s citizens Implications for Policy.” successfully claimed important basic The University The last two ESC conferences were human rights from the then Duke In 1477 Count Eberhard im Barte devoted to vital topics of ongoing Ulrich in 1514. The resulting (“the one with the beard”) founded a importance: “Global Similarities, Local Differences” (Amsterdam); “Challenges of European Integration, Challenges for CONFERENCE REGISTRATION FEES: 2006 Criminology” (Krakow). The theme of the Tübingen Before July 1 After July 1 conference is also both perennial and timely, taking stock of the ESC members Euros 100 Euros 175 contributions of empirical research in criminology and its allied disciplines ESC members (students) Euros 60 Euros 100 to achieve a theoretically improved, methodologically refined, and more Non ESC members Euros 175 Euros 250 profound understanding of crime. Non ESC members (students) Euros 100 Euros 175 History The first documentary mention of You can download a registration form from the conference website (http:// Tübingen dates from 1078. However, www.eurocrim2006.org/) and fax it to Marcelo Aebi, Executive Secretary (Fax the string of letters “-ingen” indicates, no. 34 954 094173. as with other villages and towns with similar endings, that the original settlement was founded by Alemanic document, the Tübinger Vertrag private university with the slogan tribes some 1,500 years ago. Around (Treaty of Tübingen), is famous in “attempto” (“I will dare it”). 1078, Emperor Heinrich IV of the German legal history. Evoking the Universities already existed in Basel, “Holy Roman Empire of the German English Magna Carta of King John in Freiburg, Heidelberg, and Ingolstadt. Nation” besieged Hightübingen 1215, it has been called the “Magna However, Count Eberhard´s quickly Castle, which belonged to the Counts Carta of Württemberg.” It is the achieved recognition and academic of Nagoldgau, upon return from his earliest legal document in Germany by esteem. During the reformation period, famous Canossa procession to the which the people achieved a right of the protestant reformer Philipp Pope in Italy. co-determination, constraining the Melanchthon lived in Tübingen and Around 1191, priests and power of the ruler, and ensuring prepared a master plan for overhauling merchants are mentioned in writings important privileges for themselves. the university’s structure and about Tübingen and around 1204 the The Tübingen Treaty influenced teaching syllabus. Among the new town earned the privilege of “high constitutional development in professors appointed then was jurisdiction,” meaning the powers to Southwest Germany for centuries, and Leonhard Fuchs, a medic and botanist impose the death penalty and carry it in the 19th century was still referred to after whom the plant family “fuchsia” out. In 1230, under the Palatine as the “good old law.” was named. In 1623 professor Wilhelm Counts of Tübingen, the town Tübingen, primarily a university Schickard invented and built the achieved formal status as a “civitas,” town, exhibits many signs of its world’s first mechanical calculator. Later a term indicating a location with heritage. Narrow alleys, pointed on philosopher David Friedrich Strauss, municipal law and civil liberty. In 1342, gables, and small steps characterise astronomer Johannes Kepler, and the following a steep economic recession, the town centre, framed by the poets Eduard Moericke and Wilhelm the Palatine counts sold the town to picturesque Neckar river waterfront, Hauf were members of the university. the Count of Württemberg. the punting boats, and the famous The period 1788 to 1795 was Since then Tübingen has been Hölderlin tower. It includes the old especially influential in Tübingen´s embedded in the history of city church, the market place and town intellectual history. Hegel, Hölderlin, Württemberg: the Duchy of hall, and adjacent shopping streets and Schelling studied together and Württemberg after 1495; the Kingdom with sidewalk cafés, wine taverns, temporarily even lived together in the of Württemberg from 1806 to 1918; specialty shops, and restaurants. still existing Protestant Collegiate after that the Weimar Republic and the Steep small streets wind up to (founded in 1536). EUROPEAN SOCIETY OF CRIMINOLOGY MARCH 2006 PAGE 9

Another surviving famous Hartmut Michel (1988 chemistry), and scholarly associations. Others university institution is the Collegium Christiane Nüsslein-Volhard (1995 wishing to arrange such a panel Illustre, inaugurated in 1594. It was medicine/genetics of early embryonic should submit an outline of their one of the first academies for knights development). Max-Planck-Institutes proposed subject and a list of in German-speaking Europe. Modern in Tübingen, independent but proposed presenters to Hans-Jürgen subjects were taught, including collaborating with university Kerner (hans-juergen.kerner@uni- natural sciences, politics, living departments and scholars, include the tuebingen.de) not later than April 15. Details may be worked out after confirmation if they are not fully ACCOMMODATION IN TÜBINGEN elaborated in the first submission. Abstract Submission Accommodation options are available on the conference website (http:// Regular panels, consisting of www.eurocrim2006.org/). You may book directly with the hotels. On-line related papers, will also be organised. booking via the Conference Secretariat will be available soon. Anyone wishing to make a presentation in such a panel should Early booking is strongly advised. submit an abstract on-line (see http:// www.eurocrim2006.org/) soon but not languages, dance, swordplay, and MPI institutes for biology, biological later than May 15. Confirmations will horseback riding. Until its closure in cybernetics, and developmental be made as soon as possible, we hope 1632 during the Thirty Years War, the biology. The Friedrich Miescher early in June, for those who submit Collegium Illustre was the favourite laboratory, named after the great their abstracts by May 15. Participants academy of the protestant aristocracy Swiss medic and biologist who who wish to present a poster at the in Germany and abroad, with students discovered DNA, is also in Tübingen. special poster sessions also should coming from Poland, Hungary, submit not later than May 15. Scandinavia, and countries under Conference Details Proposals arriving after May 15 will Habsburg rule. The conference theme, not be rejected, but will be accepted In 1817, the first German faculty of “Understanding Crime: Structural and only provisionally, and placed on a political science was established, Developmental Dimensions, and their waiting list, in case conference headed by Friedrich List. In 1863, the Implications for Policy,” encompasses capacity has reached its limits with first German natural science faculty structural conditions influencing the on-time submissions. Decisions to was founded. “Firsts” were also emergence of crime as a social accept waiting list proposals will be physiological chemistry, and modern phenomenon in neighbourhoods, taken as accepted papers and cytology (Hugo Mohl). Friedrich towns, and countries. It encompasses workshops are cancelled or as space Cotta edited German classics, among structural, socio-psychological, and otherwise becomes available. This them Goethe and Schiller, in his individual conditions leading people tends always to happen during famous publishing house. to commit crimes. It includes conference preparation procedures. The modern university has 14 conditions conducive to living a life of Plenary sessions will last an hour faculties, 24,000 students, 10,000 crime (“criminality”) and and a half, panel sessions an hour and employees, 450 full and associate counteracting processes that enhance a quarter. Most will consist of three professors, and 2,000 other scholars the termination of a criminal career presentations of 15-20 minutes. Under and teachers. The library system, (“desistance”). Finally, new and exceptional circumstances, broad including the university library and convincing knowledge is expected topics may be dealt with in some 100 department and institute about how the occurrence of crime consecutive panels. libraries, holds more than 6 million and criminality can be predicted, Conference registration will be books and documents. The clinical about effective ways and methods of handled by the ESC executive complex contains 17 clinics with 66,000 (local) crime prevention, and about secretariat in Seville, Spain. inpatients and 200,000 outpatients. approaches for achieving lasting Registration fees and details of how to The university recently received improvements in prevention and arrange accommodation are shown in large grants for 8 “Special Research treatment of criminality. the boxed texts. Centres” and 10 “Graduate Study Plenary sessions will be devoted to Registration for an optional gala Colleges,” in such subjects as developmental criminology and criminal dinner on Monday 28, August in the neurosciences, science ethics, early careers, policing and methods of crime magnificent Summer Refectory of the ancient history, molecular biology of control, prosecution and sentencing, picturesque Cistercian Abbey of plants, nanotechnology, computer and corrections and treatment. Bebenhausen near Tübingen, and for linguistics, and integrated Panel sessions will be mainly of other social events and sightseeing geosciences. Tübingen has had 9 two types. Reviewed panels will be tours, will be handled by the local Nobel Prize winners, among them arranged by the conference organisers organisers. Details will be put on the Georg Wittig (1979 chemistry), in cooperation with supporting conference website soon.„ PAGE 10 MARCH 2006 EUROPEAN SOCIETY OF CRIMINOLOGY

British Society of Criminology Annual Conference Glasgow, July 5th – 7th 2006 ‘Research and Theory: New Directions in Criminology’

Plenary speakers Loraine Gelsthorpe (University of Cambridge) Kelly Hannah Moffat (University of Toronto) Clive Norris (University of Sheffield) Richard Sparks (Edinburgh University)

Hosted by Glasgow Caledonian, Glasgow and Strathclyde Universities

Paper proposals and abstracts to be submitted by March 31 2006

Full details on: http://www.gcal.ac.uk/bscconf2006

E mail: [email protected]

The University of Lausanne, School of Criminal Sciences MASTER’S PROGRAMME IN CRIMINOLOGY Started since 24 October 2005, this is a full-time program extending over 1 to 2 years, depending on the number of credits awarded for previously obtained degrees and practical experience. The program includes classes and seminars in Criminology, Criminal Law, Research Methods and Statistics, Economic Crime, Anglo-Saxon Law, Organised Crime, Juvenile Delinquency, Forensic Science, Forensic Medicine, Forensic Psychology and Forensic Psychiatry. Students can spend “stages” (short periods gaining practical experience) in a police department and in a prison service. At the end of the program, a master’s dissertation is to be defended. The School provides access to numerous international databases for dissertations and other research activities of students, initiation to research methods through individualised “on the job training”, and teaching by experienced international staff. Teaching is mainly in French, with opportunities for students from other backgrounds to become familiar with the language. Eligible are students with a BA in criminology, criminal justice, psychology, social sciences, law, or any related field.

For general inquiries about the programme please contact: [email protected], or [email protected].

Registration: Forms can be obtained on-line at http://www.unil.ch/immat/, or from the following address: Rectorat de l’Université de Lausanne, Bureau des immatriculations et inscriptions, CH-1015 Lausanne, Switzerland. EUROPEAN SOCIETY OF CRIMINOLOGY MARCH 2006 PAGE 11

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Organised Crime Continued from page 3 of individual countries. After the Europe, alongside terrorism and far too uniform: one and the same ‘Action Plan to Combat Organised regional conflicts. Its control is thus policy for each Member State. Given Crime’ of April 1997, the fight against singled out as one of the highest the significant differences between organised crime was elevated to the priority EU strategic objectives and countries, would it not be advisable to rank of a treaty issue in the Treaty of differentiate more? For instance, Amsterdam, becoming central to the should a distinction not be made Third Pillar. In the reformulated Title The internationalisation of between compulsory measures that all VI (‘Provisions in the Field of Justice organised crime control Member States must adopt because and Home Affairs’), strengthening they relate to mutual cross-border police and judicial cooperation was policy explains why the cooperation and optional measures directed to serve just one purpose: to changes that have taken they can choose to implement, combat organised crime. At a special depending on the problems each summit in Tampere, Finland, in place on several fronts in country has to deal with? October 1999, the European Council individual countries are so The second question ties in: when expressed itself ‘deeply committed to determining which optional measures reinforcing the fight against serious similar to adopt, is it not necessary to organised and transnational crime’ scrutinise more closely the policy and launched a ‘Unionwide Fight ‘better coordination between external developments that have occurred in against Crime’, meaning primarily action and Justice and Home Affairs the Member States, and not just at the organised crime. policies is’ stated as ‘crucial in the national level, but also at a regional or In the following years many fight against both terrorism and local level? This approach at least initiatives were introduced by the organised crime’. offers some guarantee that the range European Council and Commission to The internationalisation of of measures on offer is as wide as implement the agreements reached. organised crime control policy possible, thus ensuring that policy- For instance, Eurojust and the Police explains why the changes that have makers really have a choice. Chiefs Operational Task Force were taken place on several fronts in This leads to the third question. set up, the talks on the Convention on individual countries are so similar, Precisely because organised crime is a Mutual Assistance in Criminal Matters whether they involve the serious problem that manifests itself were completed in 2000, and a centralisation of the police, the locally in a variety of guises, should framework was developed for the judiciary, and the customs authorities, not local authorities, above all creation of joint investigation teams. the creation of special units within Europe’s largest cities, and important In addition to becoming a part of these institutions, or the introduction implementing bodies (such as the Third Pillar, organised crime of intrusive methods of investigation, customs and police forces) be more control has acquired a growing such as phone tapping, anonymous directly involved in policy-making? relevance in EU foreign policy. In 1998 witnesses, and undercover agents. Whatever the concrete solutions the applicant countries, which joined Internationalisation of policy can adopted, every effort must be made to the EU in May 2004, were made to also throw up negative similarities prevent the internationalisation of sign a ‘Pre-Accession Pact on between countries, not just positive policy leading to a situation where Organised Crime’ and put under ones, as is plainly evident in the policy becomes alienated from the considerable pressure to adopt neglect of an administrative, very problems it is designed to tackle Western European policy in this area: preventive approach to organised or is not in line with the policies the famous acquis communautaire. At crime. Most countries do not have pursued locally to control these the same time, a variety of programs such an approach in place or have not problems. were initiated by the European properly implemented one. Italy and Commission and the Council of the Netherlands are the only two The Controversial Nature of Europe to help all former European (partial) exceptions (La Spina 2004; Organised Crime Control Polices communist countries strengthen their van de Bunt 2004; see also Levi and In many countries the development political and judicial capacities in the Maguire 2004). Coupled with evident of an organised crime control policy fight against organised crime and differences in the scope of organised required not only a great deal of corruption. crime in European countries (Paoli and lengthy debate, but also could really This important development—the Fijnaut 2004), this one-sidedness raises get off the ground only when murders interweaving of the domestic and questions about both the substance of or scandals—think of Italy, but also foreign policies of the European the international/foreign control policy France, Ireland, and the Union—culminated in the European and the way in which it came about. Netherlands—had created sufficient Security Strategy, which was adopted The first question is whether the support for the new policy initiatives. on 12 December 2003. In this policy conducted by the two main This raises the question why policy document, organised crime is European institutions—the European designed to combat organised crime is considered one of the key threats to Union and the Council of Europe—is so controversial. EUROPEAN SOCIETY OF CRIMINOLOGY MARCH 2006 PAGE 13

As made clear by our comparison research into the implementation of it. Even in the United States, a book of organised crime patterns in thirteen the organised crime policies adopted like James Jacobs’ Gotham Unbound European countries (Fijnaut and Paoli by individual countries and (1999) is a rarity. 2004: Part II), the controversial nature international institutions. Apparently Be that as it may, precisely because of organised crime policies is strictly only the Netherlands and Germany organised crime in Europe is still a related to the controversial nature of have occasionally produced work in rather intangible subject and policy is organised crime itself. In particular, it this area (van de Bunt 2004; Kilchling so controversial, the present sorry state is by no means always clear—or at 2004). Though a few books compare of academic research is regrettable. any rate it is by no means always organised crime control policies, or possible to make it clear to sections of some aspects of them, in Europe References the population—whether this is a new (Gropp and Huber 2001; Boer 2002; Tak den Boer, M., ed. 2002. Organised problem or a redefinition of an older 2000), no systematic assessment has Crime. A Catalyst in the one. Ultimately, a great deal of yet been made of the implementation Europeanisation of National Police organised crime amounts to the and effectiveness of such policies. and Prosecution Agencies. production, smuggling, and This raises the question of how Maastricht: European Institute of distribution of illegal goods and and why an issue featuring so Public Administration. services. And even once some sort of prominently on the political agenda is Fijnaut, C., and L. Paoli., eds. 2004. consensus on the definition of so little regarded by academic Organised Crime in Europe: organised crime has been reached, it is researchers. To some extent, the Concepts, Patterns and Policies in often not easy–due to the lack of reasons are the same as those the European Union and Beyond. empirical organised crime research— preventing research on organised Dordrecht: Springer. to indicate how serious the problem crime itself. Confusion surrounding its Gropp, W., and B. Huber., eds. really is. definition, along with media 2001. Rechtliche Initiativen gegen The difficulties surrounding the glamorisation of the topic, has long organisierte Kriminalität. Freiburg: definition and understanding of alienated the attention of scholars Edition Iuscrim. organised crime carry so much weight from organised crime. Jacobs, J.B. 1999. Gotham Unbound: in policy discussions because many The neglected academic How New York City Was Liberated countermeasures—especially those assessment of organised crime control from the Grip of Organized Crime. New designed to increase investigative policies may well also be the result of York: New York University Press. powers—imply restrictions of specific additional reasons. One is Kilchling, M. 2004. ‘Organised Crime defendants’ and citizens’ rights. In probably the controversial nature of Control Policies in Germany.’ In Fijnaut their turn, organised crime control the policies themselves: this easily and Paoli, eds. (2004, see above). initiatives that have a bearing on the deters EU and national authorities La Spina, A. 2004. ‘The Paradox of reorganisation of the public sector can from commissioning research into how Effectiveness: Growth, easily jeopardise the vested interests such policies came about and how Institutionalisation and Evaluation of of domestic institutions and services, they have been implemented, because Anti-Mafia Policies in Italy.’ In Fijnaut and quickly raise important they fear that academic studies may and Paoli, eds. (2004, see above). questions— particularly in federal only stir up even more controversy. Levi, M., and M. Maguire. 2004. states—about the general Another factor that should not be ‘Reducing and Preventing Organised organisation of the administrative ruled out is that domestic and Crime: An Evidence-Based Critique.’ structure. They can just as quickly international government bodies have Crime Law and Social Change 41(5): 397- incite resistance. no interest in funding studies that 469. The experiences of the thirteen may reveal huge gaps between the Paoli, L. and C. Fijnaut. 2004. countries analysed show that these policy ‘on the books’ and what has ‘Comparative Synthesis to Part II. In difficulties can be overcome to some been achieved in practice. In other Fijnaut and Paoli, eds. (2004, see above). extent. Many countries have rewritten words, public bodies may worry that Tak, P.J., ed. 2000. Heimelijke their code of criminal procedure in a independent assessments come to the opsporing in de Europese Unie. number of areas and reorganised conclusion that the expectations Antwerp: Intersentia. various government departments. aroused at the policy presentation van de Bunt, H. 2004. ‘Organised However, this process usually takes a could only partly be fulfilled, if at all. Crime Control Policies in the great deal of time and energy and Another likely reason is that there Netherlands’. In Fijnaut and Paoli, often needs a serious incident are simply too few researchers eds. (2004, see above).„ (murder, scandal), and considerable interested in systematically analysing political pressure from the outside, to and evaluating the policies be set in motion. conducted. It is not only European Letizia Paoli is a senior research researchers who usually—even in fellow in criminology at the Max- The Scarcity and Importance Italy (see La Spina 2004)—find it more Planck Institute, Freiburg, and of Academic Research interesting to write about the Cyrille Fijnaut is professor of The lack of empirical research is phenomenology of organised crime criminal law and criminology at the compounded by the lack of academic than about the problems of controlling University of Tilburg. PAGE 14 MARCH 2006 EUROPEAN SOCIETY OF CRIMINOLOGY

Money Laundering in Europe Continued from page 3 Van Duyne (1998) once graphically physical damage to banking interests. the EU, corruption or extortion – observed: ‘One of the contemporary But whether or not derived from sometimes via taxation – still raise stimuli which invariably evoke the crimes, ‘terrorist finance’ funds are not some difficulties over transparency conditioned response of political per se harmful to financial institutions. (see Council of Europe, forthcoming). salivation is organised crime, which So where staff strongly suspect may be reinforced by the stimulus terrorism connections, the general Activitity money-laundering for an additional interest might be overcome by direct From a few informal tip-offs from barking response.’ So how and why personal and institutional benefit as bankers to police in 1986, the number did that stimulus originate, and is the well as by the cultural reluctance to of ‘suspicious transaction reports’ – additional bark rationally appropriate challenge customers. which more scientifically should have or just a conditioned policy response? In addition to requirements that been termed ‘suspected transaction bankers train their staff and report reports’ to reflect their dependence on Context suspicions, under the 2001 and 2005 cognitive processes – rose in the UK By a combination of imitation, European Directives, accountants, art from 20,000 in 2000 to 154, 536 in 2004. political peer pressure, and technical and car dealers, casinos, jewellers, Over the same period, Dutch reports assistance, since the mid-1980s the lawyers, and notaries are required to doubled to 41,002. This rise has world has witnessed an occurred throughout the extraordinary growth in Council of Europe (not just efforts to control crime for The term ‘money laundering’ sounds as the EU), reflecting the gain (and lately, terrorism) increased training and via measures to identify, if it refers to complicated global move- number of bodies covered freeze, and confiscate the ments of vast sums. Most prosecutions by anti-laundering proceeds of crime nationally legislation, plus political and transnationally. are instead for relatively unsophisti- pressures of the EU acquis This is an attempt to deal cated self-laundering, such as putting communautaire. with the crime-facilitating But the 2004 totals still consequences of the core money in an offshore bank account in vary enormously. In 2004, policy to open up money one’s own name or borrowing money the Belgian CTIF-CFI flows via the liberalisation of received 11,234 reports, of currency restrictions and against the collateral of funds deposited which 664 cases were sent marketisation in developing in overseas accounts. to the prosecution. countries including former TRACFIN (the French Communist ‘societies in financial intelligence unit) transition’, now given the higher identify clients and report them to the received 10,832; the German status of ‘market economies’. authorities if their transactions are in Bundeskriminalamt, 8,062; Stripping ‘proceeds of crime’ from cash over 15,000 euros or are Liechtenstein, 234; and Switzerland, offenders, both by criminal and, ‘suspicious’ (Levi et al. 2005). Few 821. (In the US, 663,655 suspicious increasingly, by civil processes is such reports would have been made transaction reports were made in 2004, politically popular and positively without the threat of criminal and in addition to millions of currency received in local communities. regulatory sanctions. transaction reports.) At first sight, Moreover, many on the left who One useful way of conceptualising this might look like the Liechtenstein would ordinarily be civil libertarian see the issue is as a global crime-risk- and Swiss authorities are doing little pro-transparency anti-money management exercise which seeks to about money-laundering: but this laundering (AML) activities as conscript those parts of ‘the’ private rather reflects the policy that when an mechanisms to reduce the sector and foreign governments that account is reported as suspicious , it kleptocracy/grand corruption that has seem unwilling to volunteer for social is frozen for a few days pending damaged Central and Eastern responsibility (see, for a more general investigation, placing a premium on European countries and much of account of organised crime having well-founded suspicions. Africa, Asia, and South America. prevention, Levi and Maguire 2004). But how serious and well Many former communist European Effectiveness considered has the attempt been? countries – wishing to or having been Reuter and Levi (forthcoming) have What would the private business told to embrace human rights and reviewed the evidence of impact of sector and civil society have done for fundamental freedoms – find AML, and have concluded that there themselves without the pressure of themselves pressured into has been little crime suppression to criminal and regulatory sanctions? establishing central databases for date, nor – given the poor quality and Anti-capitalist terrorists do cause financial transfers and sharing data on vast range of estimates of proceeds collateral and sometimes direct these reports across the EU. Outside from drugs, for example – is it EUROPEAN SOCIETY OF CRIMINOLOGY MARCH 2006 PAGE 15 plausible that we would be able to evaluation of and economic sanctions Lascoumes, P. and T. Godefroy detect any effects and separate them for poor AML performance, though (with contributions by J. Cartier- from error. Pending UK research on apparently similar internationally, in Bresson. and M. Levi). 2002. drugs and human trafficking may practice have focussed more sharply Emergence du Problème des “Places produce adequate data but, in any upon smaller and weaker jurisdictions Off Shore” et Mobilisation event, this would be only for one than on the Great Powers, raising Internationale. Paris: CEVIPOP- country and will not examine larger questions about the equity of the CNRS. issues such as the proceeds of process. Levi, M. 2002. ‘The Organisation of domestic and transnational corruption The mechanisms that facilitate Serious Crimes.’ The Oxford that reside in UK and other European laundering are intricately linked to Handbook of Criminology, edited by accounts. Given the small operational those that enable wealthy M. Maguire, R. Morgan, and R. Reiner. costs of recent European terrorist corporations and individuals to hide Third Edition. Oxford: Oxford attacks – less than 10,000 euros – it their assets from public knowledge University Press. seems very unlikely that sufficient and, a separate issue, to minimise the Levi, M. Forthcoming. ‘Organised, sums from legal or illegal sources can taxes they are obliged to pay (Blum et Transnational and Terrorist Crimes.’ be denied. al. 1998; Lascoumes and Godefroy The Oxford Handbook of Crimin- As for the impact of AML on 2002). ology, edited by M. Maguire, R. improving criminal justice However it remains a fact that in Morgan, and R. Reiner. Fourth Edition. performance, the few analytical wider Europe, out of the billions of Oxford: Oxford University Press studies carried out to date show that Euros obtained and then in part saved Levi, M., and M. Maguire. 2004. this has been very modest. The extent from crimes annually, far less than 1 ‘Reducing and Preventing Organised to which this is attributable to low billion euros is confiscated. What has Crime: An Evidence-based Critique.’ resource investment and to poor happened to these unconfiscated Crime, Law and Social Change 41 communications between public and billions over the decades? What (5):397-469. private sectors, especially cross- social harm do they do, and where? Levi, M., H. Nelen, and F. border, remains to be determined. No- This is a fascinating but complex Lankhorst. 2005 ‘Lawyers as Crime one knows what the total number of criminological and criminal justice Facilitators in Europe: An Introduction persons subjected to extra policy task that merits sustained and Overview.’ Crime, Law and surveillance is in Europe (EU and attention if we are not to waste Social Change 42(2-3):117-21. beyond), but it is a significant feature resources and liberties on plugging Reuter, P., and M. Levi. in the policing landscape, even more and more ‘gaps’ and ‘inequities’ Forthcoming. ‘Money Laundering: A though scarce financial investigation in the financial transparency process Review of Current Controls and their resources mean that relatively little is without having any clear evaluation of Consequences.’ In Crime and Justice: done about many of the reports that the benefits of these controls. A Review of Research, vol. 34, edited are received (Gold and Levi 1994; by M. Tonry. Chicago: University of Fleming 2005). But greater skilled References Chicago Press. commitment to financial investigation Blum, J., M. Levi, T. Naylor, and P. Reuter, P., and E. Truman. 2004 and adjudication is likely to improve Williams. 1998. Financial Havens, Chasing Dirty Money. Washington, criminal justice and disruption yields, Banking Secrecy and Money- DC: Institute for International whatever effect this may have on Laundering. New York: United Economics. levels of offending of different kinds. Nations. van Duyne, P. 1998. ‘Pavlov’s Dog: Council of Europe. Forthcoming. Beyond Money Laundering.’ Howard Conclusions Organised Crime Situation Report Journal of Criminal Justice 37(4):359- In many respects, the policy 2005. Strasbourg: Council of Europe. 74. transfer process in AML and anti- Fijnaut, C. and Paoli, L. (in this van Duyne, P., and M. Levi. 2005. corruption – assisted by foreign aid issue). Drugs and Money. London: for particular developments and Fleming, M. 2005. UK Law Routledge.„ economic sanctions for undesired Enforcement Agency Use and developments – has been a major Management of Suspicious Activity success. Nevertheless, the goal of Reports: Towards Determining the affecting the organisation and levels Value of the Regime. http:// of serious crimes has been displaced www.jdi.ucl.ac.uk/downloads/pdf * * * * * in practice by the more readily fleming_LEA_Use_and_Mgmt of observable goal of enhancing and SARS_June2005.pdf. standardising rules and systems; the Gold, M., and M. Levi. 1994. critical evaluation of what countries Money-Laundering in the UK: An actually do with their expensively Appraisal of Suspicion-Based Michael Levi is professor of acquired suspicious transaction report Reporting. London: Police criminology at the School of Social data remains in its infancy; and Foundation. Sciences, Cardiff University. PAGE 16 MARCH 2006 EUROPEAN SOCIETY OF CRIMINOLOGY

Sex Offenders Continued from page 3 detention caused negative crime. Where conditions are breached, (serious) injury to others. Punishment consequences. New alternative the JAP can decide that part or all of severity has increased significantly, measures were introduced. The the conditional prison term be carried and there is renewed interest in classical alternative was a suspended out. offenders’ treatment needs. A number or a partly suspended sentence. Secondly, if a suivi sociojudiciaire of changes have affected the These were later complemented by is combined with an immediate prison punishment of sexual crimes probation and mediation. Such sentence, it begins only when the throughout the penal process. measures exist in most countries. offender is released, either Alternative measures differ widely in conditionally or definitively. Finally, Legislation their implementation. Some function this measure falls outside the standard Here are some illustrative examples. as alternatives to prison; others are procedure for deletion or recording on First, what is understood by rape has more repressive. certain documents. Lameyre broadened: rape within marriage is In the Netherlands, judges can describes it as “une sanction pénale recognised and the definition of rape order “community service orders” or total” (Lameyre, 2002: p. 556). In the has become independent of the sex of “learning sanctions” in combination so-called Loi Perbn II of 9 March the persons involved. This change with a conditional prison sentence. 2004, the possible length of the suivi has been accompanied by increases in Execution of the sentence is sociojudiciaire was extended to 20 sentence lengths and expansion of the postponed as long as the offender years for misdemeanours and to 30 circumstances that can lead to harsher follows a course (for less severe years or even life for a crime (Lameyre punishment. Abuse of minors has also offences) or undergoes treatment (for 2004). received special attention. more serious offences). A wide range Increasing attention is also given of support services exists. There are Penalization to commercial forms of sexual abuse programmes for first offenders, for Some countries are experiencing such as trafficking in women, (virtual) adolescents, for mentally-retarded increased penalization of certain child pornography, and sex-tourism. offenders, and for different forms of sexual offences, particularly involving Length limits preclude a complete sexual violence or abuse (e.g., incest). women and children as victims. The overview of the legal changes in the Increasing use is made of these feminist movement has been an countries involved, so I limit myself to measures. This explains why the important influencing factor. Within some of the more striking examples of proportion of sexual offenders in this movement sexual abuse was a more repressive approach. Dutch prisons remains fairly low redefined in terms of power and the England and Wales provides a (Beenakkers 2001). repression of women. This redefinition whole set of specialised regulations. In France, the suivi sociojudiciaire lies at the root of changing In the Criminal Justice Act 1991, an has caused some furore. It concerns conceptualization of sexual offences exception was made to the guiding specific provisions for sexual as acts of violence. principle of proportionality, enabling offenders that were introduced in the The media also has increasing the judge to impose a prison sentence Law of June 17, 1998. The suivi impact. Publication of the testimonies even if the seriousness of the sexual sociojudiciaire can be imposed by the of victims of sexual abuse and offences does not justify it, and for judge either as a principal punishment extensive coverage of sensational longer than the principle of or in combination with a prison cases have shaped public perceptions proportionality justifies. sentence. Compulsory supervision of the prevalence and nature of sexual Since the Sex Offenders Act 1997, can be imposed, in combination with a offending (Kool 1999). This attention sex offenders are compelled to register number of specific restrictions. has not been without consequence, their names and addresses, and any Supervision of the measure is the and may be one reason the public-at- changes, with the police within responsibility of the Juge de large believes that the number of fourteen days of their release. If not, a l’Application des Peines (or JAP). sexual offences is increasing. fine or a prison sentence up to six The suivi sociojudiciaire is In general there has been a trend months can be imposed. If the noteworthy on three counts. Firstly, at towards greater tolerance of those offender is deemed to pose a medium the time of sentencing, a prison offences which may offend values or or high risk, a Public Protection sentence can be specified that would morals, and less tolerance of those Panel can be convened, composed of only come into effect should offences which cause injury or abuse representatives of the police, conditions imposed in the community the autonomy of the individual. probation, and social services. This not be met. In minor cases this can be panel meets regularly and ensures an for up to two years, in criminal cases Sex Offenders in the Penal intensive follow-up. The panel can for up to five years. The probation Process also impose a Sex Offender Order. periods can be far longer than with This bifurcation has resulted in a This is a civil protection measure normal probation: up to ten years for more punitive approach toward sexual which falls under the responsibility of misdemeanours and up to twenty for a behaviour that threatens to cause the police and can stipulate civil limits EUROPEAN SOCIETY OF CRIMINOLOGY MARCH 2006 PAGE 17 on the offender, such as being offenders convicted of a sexual (or cruelty. The judge can also apply a forbidden to come near a park or a violent) offence for which the peine incompressible which makes it swimming pool. Breaching a sex maximum penalty is between two and impossible to change the periode de offenders order is a misdemeanour ten years. If the offence is punishable sûreté. with a maximum prison sentence of with a maximum sentence of ten years Finally, after the introduction of a five years (Maguire et al., 2001). or more, the perpetrator will receive “genetic database” in 1988, like those The Crime (Sentence) Act of 1997 either a sentence of imprisonment for in England and Wales and the includes the provision of automatic public protection or a discretionary Netherlands, La loi Perben II (2004) life sentences. An offender convicted life sentence. If the offence is introduced a notification system for for a “serious” crime automatically punishable with a life sentence, the sex offenders. The “Fichier Judiciaire receives a life sentence if he has a court must take into account the Nationale Automatisé des Auteurs d’ previous conviction for a “serious” seriousness of the offence when Infractions Sexuelles” (FJNAAIS) crime. The class of “serious” crimes deciding which of the two possibilities include the addresses of all sex includes sexual offences such as rape, to impose. Both sentences provide offenders sentenced to more than five attempted rape, and unlawful sexual longer periods of supervision on years and, subject to a judicial intercourse with a girl under sixteen release. decision, addresses of some offenders years old. France has also taken a more sentenced to lesser sentences. They The Sexual Offences Act 2003 repressive approach to sex offenders must report every change within 14 implemented a major review of days and if they are the sentencing framework for sentenced to more than ten sex offenders. It provides new England and Wales provides a whole set years they have to report to definitions for sex offenders, the police station every six strengthens the notification of specialised regulations. In the Criminal months. Failure to honour provisions of the 1997 Act, Justice Act 1991, an exception was made these obligations is an and creates three new orders offence punishable by two for sex offenders. to the guiding principle of proportionality, years imprisonment. The First, Sexual Offences enabling the judge to impose a prison notification requirement lasts Prevention Orders prohibit a for 30 years if the person is person convicted or sentence even if the seriousness of the convicted to a sentence of cautioned for stipulated sex sexual offences does not justify it, and for more than ten years and for offences from doing anything 20 years in all other cases. proscribed in the order. It longer than the principle of proportional- There has been a includes also notification ity justifies remarkable “innovation” in requirements as stated above, Belgian and German law, for the duration of the order. harking back to the heyday The order has effect for at least five since 1980. The sentences provided in of policies of social defence. In years. Breaches are an offence, the French Criminal Code are among Belgium, judges imposing a custodial punishable with a maximum of five the most severe in Europe. The ruling sentence longer than a year can, since years on indictment or six months on with regard to periode de sûreté was 1998, order the offenders to be placed summary conviction. changed in the new Code Pénal that at the discretion of the government Secondly, Foreign Travel Orders, took effect in 1994. The security (TBR), beginning on expiry of the applicable for sexual offences period can be imposed by the judge at prison sentence, and lasting up to ten involving a child under 16, prohibit sentencing. During this period the years, (or twenty in some cases). The the person concerned from travelling prisoner may not be allowed home minister can release offenders to the country named in the order and leave, semi-detention, or conditional convicted of criminal sexual offences last for a maximum of 6 months. release. against minors only after receiving Thirdly, Risk of Harm Orders can The periode de sûreté when positive advice from a specialised be imposed on people who, though applied to punishments of fixed term is agency. A similar system is in place in they may not have been convicted for possible only for half of the imposed Germany. Sicherungsverwahrung sex offences, have, on at least two term and, for a life sentence, for (preventive detention) can be imposed occasions engaged in behaviour that eighteen years. However, for for certain sexual crimes in addition to involves a child in sexual activity of especially severe cases of rape, the the prescribed sentence. In 1998 the any form. This order prohibits the court can increase the duration to criteria to be met for this form were person concerned from doing two-thirds and twenty-two years for made less stringent (Klopp 2002). anything proscribed in the order. It fixed and life sentences respectively. A lasts for a period of at least two years specific periode de sûreté of thirty Police and can be renewed. years is allowed for the murder or In the countries described, with Finally, the 2003 act introduces manslaughter of minors if these crimes the exception of Germany, increases in extended sentences for dangerous are accompanied by rape, torture, or Continued on page next page PAGE 18 MARCH 2006 EUROPEAN SOCIETY OF CRIMINOLOGY

Sex Offenders Continued from previous page the number of registered sexual related to the “Dutroux-effect.”1 On accompanied by a longer period of offences have been observed. These March 1, 2005 sex offenders made up supervision (England and Wales). are mainly cases of rape and to a 17 percent of the prison population, Sex offenders in all the countries lesser extent indecent assault. There is whereas on March 1, 1996 – that is, described are subject to specific legal also a strong increase in reporting of just before the Dutroux affair – they provisions. In some countries recent crimes against minors; in England and constituted eleven percent. In the laws permit, or require, use of custody Wales this increase is only evident 1980s this was only six or seven beyond limits that would normally be since 2000. percent. set by judicial standards of It is difficult to tell if these In the Netherlands, sex offenders proportionality. There is – with the increases are a consequence of a real formed five percent of the total prison exception of Germany – a general increase in the number of sex offences population on December 31, 2002. increase in levels of reporting of committed. Several important factors This proportion is virtually sexual offences and willingness and might contribute to increased unchanged from a survey done in the ability to prosecute them successfully. reporting: greater public awareness, mid-nineties. Over the period when On the sentencing level, in England initiatives to encourage victims to the number of sex offenders in the and Wales, France, and Belgium there report crimes, improved detection Belgian prison population increased has been a tendency towards methods and international by 55 percent, it remained both increasing use of imprisonment and cooperation. unchanged and at a lower level. use of longer periods, and there are In France, the proportion of sex additional restrictions on their Sentencing offenders in the convicted prison possibilities of early release. In the All five countries except the population increased from five percent Netherlands and Germany, sentencing Netherlands experienced increases in on January 1, 1975 to 24 percent of the and release of sex offenders remain the number of convictions for sex convicted population and 16 percent more moderate and in accordance with crimes, the use of immediate prison of the total prison population on the other offences. sentences, and the length of prison same day in 2001. Since 1980 the sentences. Mostly this is for rape and number of prisoners held for sex Treatment to a lesser extent indecent assault. offences against adults has increased Increased penal severity is not the Where separate figures are available four-fold and against minors nine-fold. only important trend that can be for crimes against minors, there are In 2004, sex offenders constituted observed. Punishment of sex offences also substantial increases. The about seven percent of the total is often imposed in association with Netherlands is the exception – there prison population in England and (compulsory) treatment. has been an increase in the number of Wales. No strong increase of their convictions but the number of proportional share has been noticed, Organization. custodial sentences has remained but the total prison population also In Belgium treatment has been stable because the increase is mainly increased substantially and that there required by law since 1995. For in convictions specifying a has been a significant increase in the specified classes of sex offenders, community service order for less lengths of the imposed sentences. early release is possible only if the serious sex offences. In Germany there For Germany, data are available offender is prepared to undergo is an increase in long sentences for only for West Germany where seven treatment. During detention, the most serious crimes of indecency percent of prisoners were sex treatment is limited to pre-therapy, or (sexual violence and the sexual abuse offenders in 1999 and their number preparation for post-release treatment. of minors), but in practice the policy is remains stable. In Germany it was long possible for more flexible. Both these countries sex offenders to participate voluntarily use shorter sentences than do the Release in socio-therapy in a socio-therapeutic other countries. In countries where the number of institution. Partly as a result of the sex offenders remains low and stable, Dutroux-case, in the revised law of Prisons release policies appear to be more January 26, 1998 (Gesetz zur The consequence for several tolerant: conditional release is Bekämpfung von Sexualdelikten und countries is an increase in the number systematically applied (the anderen gefärlichen Straftaten) such of sex offenders in prison. Especially Netherlands), or quite systematic treatment became obligatory for those serious offences are singled out for (Germany), and there are no special sentenced to more than two years for longer punishments, resulting in an conditions linked to parole. This is in a violent sex offence, and where increase in the imprisoned population contrast with countries where early treatment is considered appropriate. of sex offenders. In Belgium there has release has to be preceded by a In the Netherlands, treatment is been a continuous increase in the special (psychological or psychiatric) mainly limited to the TBS-centres for number of sex offenders in prison. examination (France, Belgium), has to prisoners held (partially) irresponsible This was especially noticeable be followed by specialised treatment for their acts. between 1996 and 1998 and is directly or guidance (Belgium), or is In France sex offenders have to be EUROPEAN SOCIETY OF CRIMINOLOGY MARCH 2006 PAGE 19 imprisoned in institutions where the community. Thirdly, although Français pour Dire ces Maux.’ In treatment is possible. This treatment is treatment is a component in each Psychopathologie et Traitements provided by the Services Medico- jurisdiction, the modes of delivery of Actuels des Auteurs d’Agressions Psychologiques Régionaux (SMPR), treatment vary widely – both in the Sexuelle, edited by J. Libbey. Paris: independent psychiatric services extent to which treatment is coerced Montrouge. working in the prison. Unfortunately, and as between treatment in custody Laymeyre, X. 2002. ‘Du Régime there are only about 26 of these SMPR and treatment in the community. Pénal Spécial Appliqué, en France, aux for 186 penal institutions. These data argue for a review of Auteurs d’Infractions Sexuelles.’ England and Wales has since 1991 the legal responses that are now Revue de Science Criminelle et de had a national program on sex offender made, for analysis of the underlying Droit Pénal Comparé 3: 547-63. treatment during detention; the Sex dynamics, and for development of Laymeyre, X. 2004. ‘Le Nouvel Offender Treatment Programme or more responsive legal principles to Accroisement Legal de la Repression SOTP. It provides a wide range of underpin the measures we adopt. des Infractions Sexuelles ou la programmes. The core program An initial step should be to focus Tentation de la Démesure Pénale. includes about 86 sessions. Other on the uncritical use of the term “sex Forensic 19: juillet-septembre. extended or adapted programmes are offender”, implying as it does that Maguire, M., H. Kemshall, L. next available. Treatment is not there exists a homogeneous class of Noaks, and E. Wincup. 2001. ‘Risk compulsory but refusing it can have a offenders in respect of which there Management of Sexual and Violent negative effect on decision making on can be a coherent penal discourse. Offenders: The Work of the Public conditional release (Newcomen 2001). This tends to lead to fundamentally Protection Panels.’ Police Research undifferentiated responses, to Series, paper 139. London: Home Effectiveness concentrations of sex offenders in Office. The key question, naturally, is how units in prisons, and to “one-type-fits- Newcomen, N. 1998. Life Sentence effective these treatment programmes all” sex offender programmes. Prisoners: Accredited Offending are. Although early studies were quite The policy issue to be re-engaged Behaviour Programmes. PC-LT 34, pessimistic (Furby, Blackshow, and concerns how the distribution of Raad van Europa. Weinrott 1989), and research in this treatment and supervision in the Thomas, D.A. 1997. ‘The Crime area is still hampered by method- community and expressive and (Sentences) Act 1997.’ Criminal Law ological difficulties, the majority of incapacitative use of custody should Review 1997: 83-92. studies show that well-conceived be made so as best to promote public Tubex, H., 2002. ‘Medecin/juge : treatment of sex offenders has a safety with the most efficient use of Confrontation du Langage et des positive result. The growing resources. Public safety would be Objectifs. In Les Soins Obligés, ou consensus is that the most suitable better served by increased investment l’Utopie de la Triple Entente. Paris: method, a cognitive-behavioural in prevention and early intervention, Dalloz. approach, supplemented with relapse- by greater use of community-based van de Kerchove, M. 1987. ‘Le prevention, has a significant effect. therapeutic measures for low-risk Droit sans Peines: Aspects de a offenders and by reservation of Dépénalisaton en Belgique et aux Conclusion available resources for those Etats-Unis. Bruxelles: Publications des Earlier I noted a general bifurcatory offenders who, on the basis of Facultés universitaires Saint Louis. tendency in responses to criminalised individualised assessment, can be sexual behaviour across the shown to require incapacitative Footnotes jurisdictions discussed. A tendency to intervention. 1 Dutroux was found guilty of the decriminalise sexual behaviour abduction, sexual abuse, and murder proscribed previously on normative References of several young girls while on parole grounds has coincided with an Beebakkers, E.M.Th. 2001. for previous sexual abuse of minors.„ increasing punitiveness towards Effectiviteit van Sanctieprogramma’s: coercive and injurious sexual op zoek naar Interventies die Werken, behaviour. Onderzoeksnotities. The Hague: However, divergences exist at WODC. another level. The current legal Klopp, A-M. 2002. ‘La Répression position in Europe can be analysed des infractions à caractère sexuel en along three dimensions. First, the legal Allemagne.’ Revue de Science * * * * * response varies as to the extent it is felt Criminelle et de Droit Pénal necessary to express public abhorrence Comparé 3:565-79. in the form of punishment. Secondly, it Kool, R.S.B. 1999. De varies in the extent to which it is felt strafwaardigheid van seksueel necessary to associate lengthy periods misbruik SI-EUR, Sanders instituut, of incapacitation with punishment and Deventer: Gouda Quint. Hilda Tubex is a professor of in the extent to which that incap- Laymeyre, X. 2001. ‘Des Infractions criminology at the Free University of acitation is effected in custody or in Sexuelles: Les Mots du Droit Pénal Brussels. PAGE 20 MARCH 2006 EUROPEAN SOCIETY OF CRIMINOLOGY

New Criminology Books from Willan Publishing

Captured by the Media: prison discourse in popular culture Edited by Paul Mason (Cardiff University)

This book aims to explore the increasingly important issue of media and popular discourse on prisons and punishment, and its relationship to public attitudes and government penal policy. It draws upon work from academics, prison and media practitioners, addressing questions of cultural constructions and consumptions of penal discourse in media and culture.

November 2005 272pp (234 x 156mm) ISBN 1-84392-144-8 (paperback) £18.99 ISBN 1-84392-145-6 (hardback) £40.00

Crime-free Housing in the 21st Century Barry Poyner Published by the Jill Dando Institute, distributed by Willan Publishing This book sets out to investigate the relationship between crime and the design and planning of housing, and to produce practical recommendations to help architects and planners to reduce crime. It builds upon and updates research originally published in Crime Free Housing (1991), providing an easily accessible, high quality and well presented account of crime and housing layout. January 2006 128pp (A4 format) ISBN 0-9545607-3-6 (paperback) £27.50

Alcohol and Crime Gavin Dingwall (De Montfort University)

This books seeks to understand the nature of the connection between alcohol and crime, and the way the criminal justice system responds to the problem. It draws upon a wide range of sources and research findings, providing a clear and accessible account and analysis of the subject.

November 2005 232pp (234 x 156mm) ISBN 1-84392-167-7 (hardback) £35.00

Race and Probation Edited by Sam Lewis (University of Leeds), Peter Raynor (University of Swansea), David Smith (University of Lancaster), Ali Wardak (University of Glamorgan)

Draws upon the largest study of minority ethnic probationers ever conducted in Europe, and seeks to understand the ‘stark contrast between the experience of white and black minority ethnic people in some areas of the criminal justice system’. At the same time it provides an important contribution to the wider debate about race and crime.

January 2006 256pp (234 x 156mm) ISBN 1-84392-143-X (paperback) £22.50

Investigative Interviewing: rights, research, regulation Edited by Tom Williamson (University of Portsmouth)

The objective of this book is to review the position of investigative interviewing in a variety of different countries, with different types of criminal justice systems, and consists of chapters written by leading authorities in the field, both academics and practitioners. It also makes comparisons between British and American approaches to detention without trial and the role of confession evidence within adversarial legal systems.

November 2005 384pp (234 x 156mm) ISBN 1-84392-124-3 (hardback) £35.00

Organised Crime by Alan Wright (Keele University) This book aims to provide an accessible introduction to the study of organised crime – about those who commit it, the effect it has on individuals, businesses and states, and the ways in which states and the international community have sought to contain it. It explores all facets of what has become one of the key problems facing governments, policy makers and law enforcement agencies in the early twenty-first century. January 2006 256pp (234 x 156mm) ISBN 1-84392-140-5 (paperback) £17.99 ISBN 1-84392-141-3 (hardback) £40.00 For further information about these and other forthcoming books, or to place an order, please contact Willan Publishing on: (tel) +44(0)1884 849085, (fax) +44(0)1884 840251, E-mail: [email protected] Website: www.willanpublishing.co.uk or write to: Willan Publishing, Culmcott House, Mill Street, Uffculme, Devon EX15 3AT, UK