This chapter describes the field of ‘border criminology’, which examines the growing convergence between criminal justice and immigration control. It starts with an overview of the global immigration and asylum context before outlining key ideas and areas of scholarship within border criminology. It then turns to look more closely at penal power, drawing on fieldwork and policy analysis to explore the methodological and epistemological implications for criminology of examining citizenship and migration. It ends by arguing for greater engagement with the challenges and effects of mass mobility. As the impact of a decision to arrest in any street in Britain may be felt in countries far away, it is time for criminologists to take into account more explicitly the global nature of criminal justice and reflect on its implications for how and what we study.
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37. Border criminology and the changing nature of penal power
Mary Bosworth
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17. Article 14 (Freedom from Discrimination in Respect of Protected Convention Rights) and Protocol 12 (Non-Discrimination in Respect of ‘Any Right Set Forth by Law’)
David Harris, Michael O’boyle, Ed Bates, Carla M. Buckley, KreŠimir Kamber, ZoË Bryanston-Cross, Peter Cumper, and Heather Green
This chapter discusses Article 14 of the European Convention on Human Rights, which addresses discrimination. Article 14 is a ‘parasitic’ provision, i.e. it only applies to ‘rights and freedoms set forth’ in the Convention and its Protocols. In other words, it only prohibits discrimination within the ambit of these rights and freedoms—contrast Protocol 12 to the Convention, which is also discussed in this chapter, which prohibits discrimination generally. The importance of Article 14 is evident in the growing number of cases over the past decade, including important judgments and decisions concerning discrimination based on sexual orientation and allegations of racial discrimination.
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10. Race, ethnicities, and the criminal justice system
Neena Samota
This chapter explores the broader context and history of race-related issues in the UK, considering why racial disparities persist in diverse societies like the US, Australia, Canada, and the UK, before narrowing the focus to race and ethnicity in the sphere of crime and criminal justice. The concepts of ‘race’ and ‘ethnicity’ have long played major roles in both classroom and broader societal discussions about crime, punishment, and justice, but they have arguably never been more present and visible than today. The chapter looks at the problems with the statistics available on race, ethnicity, and crime, noting the ways in which they may not tell the whole story, before considering the statistics themselves as the chapter discusses the relationships between ethnicity and victimisation and offending. It then moves on to how ethnic minorities experience the various elements of the criminal justice system and the disadvantages they often face, before outlining the attempts that have been made to address these disparities at a state level. Finally, the chapter discusses critical race theory, a key theory in modern criminological examinations of race and its relationship to crime and justice, which grew out of the US but has much broader value and relevance as a framework of analysis.
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15. Ethnicities, racism, crime, and criminal justice
Coretta Phillips, Ben Bowling, and Alpa Parmar
Offending, victimization, policing, the work of the courts, and imprisonment are patterned by differences between different ethnic groups. This chapter explores these long-standing patterns and critically examines the reasons for the often uneasy and conflictual relationship between minority ethnic groups and agents of the criminal justice system. It also interrogates new manifestations of ethnic patterns in crime and the administration of justice, particularly those linked to the global issues of controlling migration and terrorism. Finally, the chapter considers how criminological scholarship has developed in this subfield of race, ethnicity, and crime.
