Meeting the Challenge of Transnational Crime

by James O. Finckenauer c is oD t ho e: P c ur o o s t ho P about the author ust as many aspects of our James O. Finckenauer is the Director of NIJ’s International Center. His two most recent lives have become part of a books are Scared Straight: The Panacea Phenomenon Revisited (1999) and Russian Jglobal village—transporta- Mafia in America (1998). He is on leave from his position as Professor of Criminal Justice tion, communications, economic at Rutgers, the State University of New Jersey. affairs—so, too, has crime taken on a global dimension. The same politi- cal and economic changes and tech- ones. Transnational crimes include in U.S. courts, promoting global nological advances that support easy trafficked prostitutes from Southeast cooperation among law enforce- international travel, communica- Asia or the former Soviet Union; ment, and responding to emerging tion, and business transactions migrant workers being exploited in international crime problems. also facilitate a criminal’s ability sweatshops or farm fields; an array to commit crimes that transcend of credit card and banking frauds; borders. And because the United automobiles stolen for shipment Factors That Make States is the world’s richest country, overseas; guns smuggled in an Transnational Crime it represents the most opportune effort to evade regulation; and Possible target for transnational crime, children trafficked through Canada In a recent report of a workshop which is defined by the United and Mexico for use by child porno- commissioned by NIJ, the National Nations as “offenses whose incep- graphy rings. And the list could Research Council said that trans- tion, prevention, and/or direct or go on. indirect effects involve more than national crime was being affected one country.”1 The escalating threat associated by three related factors: with the new forms of crime was ■ Globalization of the economy. For most of its history, NIJ could highlighted by a crime bill called serve its primary constituents— the International Crime Control ■ Increased numbers and hetero- State and local policymakers and Act (ICCA) of 1998, which was geneity of immigrants. practitioners—quite well by focus- introduced exactly 30 years after ■ Improved communications ing on research and development the Omnibus Crime Control and technology.2 within the borders of the United Safe Streets Act of 1968 created States. But criminal justice officials NIJ. This bill did not become law, These factors do not “cause” today are increasingly being asked but its goals are suggestive of prob- transnational crime. Rather, they to deal with offenses and offenders lem areas needing attention on the facilitate crime, or in some cases, whose origins and connections lie international stage: denying safe they are criminal opportunities in outside the country. Drugs and drug haven to international fugitives, themselves. For example, immigra- offenders are the most obvious of streamlining the investigation and tion does not cause crime. The these, but by no means the only prosecution of international crime desire to immigrate, however, may cause people to violate immigration quotas and regulations and may lead to illegal immigration, which in turn is exploited by criminals. ...immigration does not cause crime. Most of the causes of transnational crime are not new; they are, in fact, The desire to immigrate, however, quite similar to factors that drive crime in general: disparate socioeco- may cause people to violate immigration nomic conditions, which stimulate migration and its antecedent traf- ficking in persons; the desire for quotas and regulations and may lead to illegal goods and services, which moves crime into the transnational illegal immigration, which in turn is realm when the suppliers are in one country and the consumers are in exploited by criminals. another; and the universal greed for money and power.

National Institute of Justice Journal ■ July 2000 3 The Unique Challenges of Transnational Crime Ignoring the transnationalization of crime The challenges in preventing and controlling transnational crime stem would be akin to adopting a “head in the sand” from several sources. For example, some crimes arise out of particular strategy. American police, prosecutors, cultural or societal conditions and experiences that differ from one country to another. Behavior that is judges, and corrections officials, as well acceptable in one country may be illegal in another. Crimes that arise as regulatory agencies—the customers out of electronic communications, such as money laundering, are for cutting edge research knowledge not bound by national borders. The whole panoply of so-called cybercrimes are almost by definition to help them understand and combat transnational crimes, since cyber- space is not constrained within crime—would be shortchanged by such these borders. The traditional desire to hide crime and elude law an outdated strategy. enforcement is met more fully by the increasing ease of global travel and communication. The challenges in dealing with transnational crime arise from the and combat crime—would be short- motivates researchers (principally national orientations of laws and changed by such an outdated strate- from the academic community, but law enforcement. Every country has gy. Both criminal justice practition- not exclusively so) to study trans- its own laws and law enforcement ers and researchers would be forced national crime and justice issues and system to deal with crime. But to do their jobs with only partial to conduct comparative research what about crime and criminals and very limited information. (i.e, parallel studies conducted in more than one country about a that cross national borders? Former It was the recognition of this chang- topic that does not necessarily have Deputy Assistant Attorney General ing reality and of the ensuing need transnational aspects). Comparative Mark M. Richard has noted that that led NIJ to create a new international research brings unique “the international community is not International Center in 1997. well positioned to respond to such challenges (see “Challenges Inherent issues [as foreign nationals commit- in Comparative International ting a crime in the United States and NIJ’s International Research”), and the International escaping to their home country], Center’s Challenge Center has adopted an educational [because] extradition and other role in working with researchers The International Center’s mission procedures are archaic, based upon whose approaches and methodolo- is to stimulate and facilitate research 19th century standards, and of gies may be foreign to each other. and evaluation on transnational and limited use today.”3 comparative crime and justice issues In 1997, NIJ announced the Ignoring the transnationalization and to disseminate the knowledge International Challenge Grants to of crime would be akin to adopt- gained throughout the national and encourage American researchers to ing a “head in the sand” strategy. international criminal justice com- seek counterparts in other countries American police, prosecutors, munities. to conduct joint comparative stud- judges, and corrections officials, ies. Of the first three projects fund- Stimulate and Facilitate as well as regulatory agencies—the ed under this program, two are Research and Evaluation. customers for cutting edge research transnational studies and one is To accomplish this aspect of its knowledge to help them understand comparative. The two transnational mission, the International Center studies are examining human traf-

Meeting the Challenge of Transnational Crime 4 Challenges Inherent in Comparative International Research

Grantees working on transnational Typical challenges include: value of the peer-review or comparative research issues process, but this is not so ■ Language barriers. with international partners have everywhere. experienced a number of chal- ■ Cultural differences. Issues ■ Methodological approaches. lenges common to this type about confidentiality and Comparative international of research. Their experiences revealing the names of human researchers must develop an indicate that all parties must subjects vary considerably from understanding of the various exercise creativity and willingness one country to another. methodologies adopted by to be innovative and open with one ■ Empirical standards. The their counterparts and tolerate another. The solution worked out rational-empirical standard in divergent methodologies. in one country may not work for American social sciences often Parochialism and egocentrism another research team in another contrasts starkly with research will impair a project. country—for example, what works approaches in other countries. for an American-Ukrainian team For example, American may not work for an American- researchers appreciate the Chilean team.

ficking from China to the United circumstances would permit a Disseminate Knowledge. The States and trafficking of children rigorous evaluation of the pro- International Center serves as an through Canada and Mexico to grams’ effectiveness. After the export-import bank of information the United States. The comparative International Center submitted through the exchange of ideas and study is examining juvenile justice its report, the State Department knowledge among law enforcement processing in Denver, Colorado, and contacted American, Philippine, agencies, academic institutions, and Bremen, Germany. Both compara- and Thai researchers who might others in the criminal justice com- tive and transnational studies can conduct the evaluations. munity, both here and abroad. make unique contributions to our The Center’s International Visiting The means for this dissemination understanding of crime and justice Fellowships are an example of include reports, articles, books, and issues, and study findings will have how NIJ can facilitate research other materials in both paper and implications for criminal justice on transnational and comparative electronic formats. policy. crime and justice issues. Three Helping to link the International An example of how the Inter- International Fellows have studied Center to the rest of the globe is the national Center can stimulate (1) transnational organized crime World Justice Information Network evaluation comes from a request emanating from the former Soviet (WJIN) and the Internet Studio, NIJ received from the U.S. Union; (2) the organization of black operated by the Rule of Law Department of State. The United markets, corruption, and crime in Foundation under a cooperative States funds several prison-based selected countries of the Newly agreement with NIJ.4 WJIN is an drug treatment programs in the Independent States (from Eastern Internet-based community of Philippines and Thailand. Both Europe and the former USSR); some 6,000 criminal justice scholars countries are experimenting with and (3) restoration of civilian and practitioners from more than therapeutic communities as their policing in countries that have 100 countries who share informa- predominant drug treatment undergone peacekeeping operations, tion through a global virtual library modality and as part of the U.S. such as Bosnia, Haiti, and Kosovo. and an online forum. drug demand reduction strategy. See “Special Initiatives,” page 6, for The State Department asked NIJ activities that are making a signifi- Through links with WJIN and the to visit the sites, assess the pro- cant contribution to our under- National Criminal Justice Reference grams, and determine if their standing of transnational crime. Service, the International Center

National Institute of Justice Journal ■ July 2000 5 Special Initiatives

Among the numerous initiatives munity and presented examples ultimately to American taxpayers? that the International Center has of effective programs operating The answer is multifaceted. undertaken during the past year around the world. First, Ukraine is the third largest are two that deserve special recipient of U.S. foreign aid, it mention. Partnership With Ukraine supports American interests in the Perhaps the most challenging, former Soviet Union, and it is a Affiliation With the but in many ways most exciting, repository of significant nuclear United Nations activity during the past 2 years has capability. Ukraine shares, with NIJ is a member of the UN Crime been developing the United States- Colombia and Nigeria, the highest Prevention and Criminal Justice Ukraine Research Partnership, priority status of the State Depart- Program Network, along with which operates within the frame- ment. The United States, thus, approximately a dozen regional and work of a joint United States- has an interest in helping Ukraine interregional institutes from around Ukraine commission called the reduce crime and improve law the world. The Center serves as Gore-Kuchma Binational enforcement as part of the effort NIJ’s principal liaison with these Commission. to achieve political, economic, institutes and the UN Center for and social stability. Funded with $1.1 million from International Crime Prevention in the State Department, this project Second, the United States has Vienna, Austria. supports American and Ukrainian invested heavily in law enforce- Center staff have played a major researchers who are collaborating ment training in Ukraine. American role in assisting the UN as it on joint studies of organized crime, policymakers and law enforcement mounts studies of transnational drug trafficking, and human traf- participants need to know how organized crime, corruption, and ficking in Ukraine. The project is effective the training has been. human trafficking. The Center is also assessing law enforcement Finally, and most practically, it directly engaged in researching training delivered to Ukrainians by is in America’s best interests to transnational organized crime Americans and is building Internet assist Ukraine in solving its crime groups operating in the United connectivity among American and problems—whether they be in States as part of the UN’s global Ukrainian researchers and practi- trafficking women, children, drugs, study and has been assisting in the tioners. Results of the research arms, or nuclear materials, or in development of the UN Convention partnership are expected toward some type of organized crime— on Transnational Organized Crime. the end of next year. before they spill over the borders The Center also organized a work- NIJ’s involvement in Ukrainian into Europe and the United States. shop on women as victims and criminal justice issues illustrates By doing so, NIJ helps to achieve survivors for the United Nations a key raison d’etre for the Inter- the crime control and safe streets Congress held in Vienna, Austria, national Center. Some might ask: goals set for it 30 years ago. in April 2000. This workshop out- Of what interest or value is lined a host of issues that need to Ukrainian criminal justice research be addressed by the global com- to American criminal justice, and

provides a portal to the world’s and workshops of various kinds. These meetings involved 117 visitors largest database of criminal justice For example, in 1998 the Inter- from 34 countries who learned literature for both a domestic and national Center coordinated or about research being conducted in an international audience. participated in nearly 40 meetings the United States and about how to for international visitors to the initiate and maintain an exchange Dissemination also takes place Office of Justice Programs and NIJ. of information with NIJ. In cooper- through conferences, meetings,

Meeting the Challenge of Transnational Crime 6 tinue to advance awareness of these types of crime and knowledge of Crimes that originate in one country how to respond to them. and occur in another and criminals NCJ 183454 who migrate across national borders have Notes 1. “Results of the supplement to become almost commonplace. As this the Fourth United Nations Survey of Crime Trends and Operations of Criminal Justice phenomenon changes the face of Systems, on Transnational Crime (Interim report by the American crime, NIJ’s International Center Secretariat),” United Nations, April 4, 1995. will continue to advance awareness of 2. Peter Reuter and Carol Petrie, eds., Commission on Behavioral these types of crime and knowledge of how and Social Sciences and Education, Transnational Organized Crime: Summary of to respond to them. a Workshop, Washington, D.C.: National Academy Press, 1999. 3. Statement from a focus group ation with Howard University’s Today, more than three decades conducted by NIJ’s International South Africa studies program, the later, the crime situation in the Center, March 19, 1999. Center cohosted a workshop on United States is vastly different. 4. The Rule of Law Foundation, a treatment, training, and health care Crimes that originate in one coun- nonprofit organization based in in South African prisons and jails try and occur in another and crimi- Washington, D.C., has a success- for South Africa’s Minister of nals who migrate across national ful history of implementing Correctional Services. borders have become almost com- international projects related to monplace. As this phenomenon In the years leading up to the the design and development of changes the face of American crime, creation of NIJ over 30 years ago, Internet-based information NIJ’s International Center will con- crime in America was very much a systems for criminal justice. domestic issue fueled by crime in the streets, urban riots, disregard for law and order, and poor police- For More Information community relations. Concerns about international crime were ■ Visit NIJ’s International Center at http://www.ojp.usdoj.gov/nij/international. virtually non-existent. With the ■ exception of a few issues, such as Visit the World Justice Information Network, a part of NIJ’s effort to create links around drug smuggling, transnational the globe, at http://www.justinfo.net. crime was not considered a major ■ Contact the International Center at 810 Seventh Street NW., Washington, DC 20531, problem at that time. e-mail: [email protected].

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