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Chapter

Cover The Oxford Handbook of Criminology

20. Making and managing terrorism and counter-terrorism: the view from criminology  

Martin Innes and Michael Levi

This chapter examines how ideas and concepts derived from criminology can inform our understandings of terrorism and counter-terrorism in insightful and innovative ways. Terrorism is designed as communicative violence that seeks to work by sending messages intended to influence the views of a wider public. The analysis attends to how: terrorism has been constructed as a social and political problem in the contemporary era; the role that has been attributed to extremism and processes of radicalization; and, the extent these influence the framing and conduct of counter-terrorism responses. The particular perspective set out accents how terrorist campaigns and counter-terrorist responses routinely develop in interaction with each other.

Chapter

Cover The Oxford Handbook of Criminology

18. Domestic violence  

David Gadd

This chapter outlines the key definitional and aetiological issues surrounding domestic violence perpetration. It begins with a discussion of how the COVID-19 pandemic impacted on domestic abuse globally, before assessing international estimates of the percentage of women worldwide who have ever been physically or sexually assaulted by a partner. The second section of the chapter reviews the British historical literature to show how Victorian concern with the protection of respectable women from ‘wife-beaters’ yielded to a medical-psychiatric discourse that blamed hysterical women for provoking men with quick tempers. It then outlines how twentieth-century feminist accounts reframed the problem of ‘wife-beating’ variously in terms of ‘domestic violence’, ‘domestic abuse’, ‘intimate partner violence’, ‘coercive control’, and ‘gender-based violence’ in efforts that exposed the roles of sexism, inadequate legal protection, and gender inequality in perpetuating a ‘continuum’ of abuse against women under patriarchy. The third part of the chapter appraises the critique of gender-based perspectives provided by psychological studies, some of which point to ‘gender symmetry’ in the perpetration of domestic violence and some of which reveal personality differences between perpetrators and non-violent men; as well as sociological studies that expose how the intersections between gender and ethnicity, sexuality and age manifest themselves, both in incidents of domestic violence and in official reactions to them. The chapter concludes by pointing to the challenge of finding a common voice capable of capturing the collective experiences of those in need of protection from domestic violence as well as the need to find ways of responding to perpetrators whose attitudes, motives, backgrounds are not necessarily identical to each other. These challenges are rendered more acute when the law is revealed as unpredictable in its capacity to determine the culpability of the small minority of men who perpetrate grievous assaults on their partners.

Chapter

Cover Criminology

9. Violent crime  

Larry Ray

This chapter discusses some of the main sociological and criminological debates concerning violent crime, and begins by raising the question ‘what is violence?’, which is itself subject to debate. It then examines a key theoretical approach to violence developed by the sociologist Norbert Elias that has placed the understanding of violence in historical context as well as providing a theory accounting for the gradual but uneven diminution of interpersonal violence in modern societies. The chapter presents summary data on the prevalence of violence in the UK based largely on information from the British Crime Survey, and next examines specific issues: aggression and masculinity, violence in the private sphere, racist violence, and homicides. For each type of violence, a summary of the data, its prevalence, and discussion of some key explanatory frameworks is given.

Chapter

Cover The Oxford Textbook on Criminology

8. Hate crime  

Angus Nurse and Mark Walters

This chapter addresses hate crimes, which are complex, as these offences can be linked to both personal gain or even profit, as well as concepts such as ‘difference’ and ‘othering’. This area of criminology came about primarily because the civil rights movements in the US and the UK raised the profile of racist and (later) homophobic violence so that they became important political and social issues. The chapter looks at a range of different types of hate crime, including offences based on prejudice towards victims because of their disability, race or ethnicity, religion or beliefs, sexual orientation, and gender identity. It also identifies some of the factors that can affect these offences in ways that are not immediately obvious. These elements include the influence politicians can have, especially when using language that excludes minority groups and portrays them as a threat to the public or as somehow being ‘Other’ (different and arguably not to be trusted).

Chapter

Cover The Oxford Handbook of Criminology

29. Domestic violence  

David Gadd

This chapter outlines the key definitional and aetiological issues surrounding domestic violence perpetration. It begins with international estimates of the prevalence of domestic violence, many of which confine themselves to assessments of the percentage of women worldwide who have ever been physically or sexually assaulted by a partner. The second section of the chapter reviews the British historical literature to show how Victorian concern with the protection of respectable women from ‘wife-beaters’ yielded to a medical-psychiatric discourse that blamed hysterical women for provoking men with quick tempers. It then outlines how twentieth-century feminist accounts reframed the problem of ‘wife-beating’ variously in terms of ‘domestic violence’, ‘domestic abuse’, ‘intimate partner violence’, ‘coercive control’, and ‘gender-based violence’ in efforts that exposed the roles of sexism, inadequate legal protection, and gender inequality in perpetuating a ‘continuum’ of abuse against women under patriarchy. The third part of the chapter appraises the critique of gender-based perspectives provided by: psychological studies, some of which point to ‘gender symmetry’ in the perpetration of domestic violence and some of which reveal personality differences between perpetrators and non-violent men; and sociological studies that expose how the intersections between gender and ethnicity, sexuality and age manifest themselves, both in incidents of domestic violence and in official reactions to them. The chapter concludes by pointing to the challenge of finding a common voice capable of capturing the collective experiences of those in need of protection from domestic violence as well as the need to find ways of responding to perpetrators whose attitudes, motives, backgrounds are not necessarily identical to each other. These challenges are rendered more acute when the law is revealed as unpredictable in its capacity to determine the culpability of the small minority of men who perpetrate grievous assaults on their partners.

Chapter

Cover The Oxford Handbook of Criminology

30. Making and managing terrorism and counter-terrorism: The view from criminology  

Martin Innes and Michael Levi

This chapter examines how ideas and concepts derived from criminology can inform our understandings of terrorism and counter-terrorism in insightful and innovative ways. Terrorism is designed as communicative violence that seeks to work by sending messages intended to influence the views of a wider public. The analysis attends to how terrorism has been constructed as a social and political problem in the contemporary era; the role attributed to extremism and processes of radicalization; and the extent to which these influence the framing and conduct of counter-terrorism responses, including financing terrorism. The particular perspective accents how terrorist campaigns and counter-terrorist responses routinely develop in interaction with each other.

Chapter

Cover The Oxford Handbook of Criminology

25. Interpersonal violence on the British Isles, 1200–2016  

Manuel Eisner

This chapter reviews the empirical evidence and theoretical frameworks for understanding the long-term trends in interpersonal violence on the British Isles, focusing on homicide. After an overview of the theoretical frameworks for long-term big-picture analyses of violence, it presents an introduction to the relevant historical sources and the problem of comparing violence over time. It then summarizes the current knowledge on trends and structural characteristics of homicide over the past 800 years, along with looking at infanticide as a separate category. The chapter finally provides an overview of core issues in four historical periods, namely the Middle Ages (1200–1500), the early modern period (1500–1800), the Industrial Age (1800–1950) and the post-Second World War period. For each period the chapter provides insight into historically specific cultural and economic processes that affected trends in violence.

Chapter

Cover The Oxford Handbook of Criminology

13. Contagion and connections: Applying network thinking to violence and organized crime  

Paolo Campana

This chapter looks into the application of network thinking to violence and organized crime. The COVID-19 global pandemic showcased how connections matter and far-reaching consequences for the life and well-being of individuals and communities. Infectious pathogens exploit the web of social relations to increase their spread across individuals and places, which then results in the emergence of epidemics. Criminology has been slow to adopt social network analysis, but it does elucidate the mechanisms concerning violence and co-offending that involve gangs and organized crime. The chapter explains that relations and individual characteristics do not need to be treated in opposition to each other, but can be modelled and explored jointly.

Chapter

Cover The Oxford Handbook of Criminology

9. Mental health, mental disabilities, and crime  

Ailbhe O’Loughlin and Jill Peay

What is the nature of the relationship between mental disability and crime? This chapter examines its nature, scope, direction, and implications for the study of criminology. Its early sections critically assess issues of definition, causation, and of the success of treatment interventions. Its latter part reviews developments in policy and the emerging blurring of risk-oriented and therapeutic objectives. It concludes by urging a more sophisticated and less discriminatory approach to the field, which does not focus on diagnoses but rather on a holistic understanding of the relationship between people and crime.

Chapter

Cover The Politics of the Police

6. A fair cop? Policing and social justice  

Benjamin Bowling, Robert Reiner, and James Sheptycki

This chapter examines fairness in policing with reference to issues of race and gender. It first defines the terms of debate—justice, fairness, discrimination—then considers individual, cultural, institutional, and structural theories and applies these to various aspects of policing. It considers the histories of police discrimination in relation to the policing of poverty, chattel slavery, racial segregation, colonialism, religious conflict, and ethnic minority communities, to understand their contemporary legacy. The chapter then examines spheres of police activity where allegations of unfairness and discrimination are particularly salient, including the response to women crime victims of rape and domestic violence, the use of ‘racial profiling’ in stop and search powers, and the use of deadly force. It examines the experiences of people from ethnic minorities, women, gay men, and lesbians within police forces. Through an exploration of the historical and contemporary literature, the chapter draws conclusions on whether or not the police act fairly in democratic societies.

Book

Cover Criminology

Stephen Jones

This expanded seventh edition of Criminology provides the reader with a clearly expressed and concise analysis of the main sociological and psychological theories of crime and deviance. It is written on the basis that, to facilitate understanding, it is necessary to provide a full account of the historical background and development of these theories. The book also contains an extensive discussion of the perception and nature of crime. It has been completely updated with the significant developments in key areas, such as criminal statistics and the latest research in the scientific study of behaviour. The book is written in a clear and readable style that helps students understand even complex aspects of criminology. In drawing on a wide range of research, the author seeks to ask the right questions, rather than provide definitive answers. The book is thoroughly referenced, providing plenty of opportunity for further reading for those interested in researching the area in more detail.

Chapter

Cover Immigration & Asylum Law

8. Family life  

Gina Clayton, Georgina Firth, Caroline Sawyer, and Rowena Moffatt

This chapter focuses on non-European Economic Area (EEA) nationals who wish to live permanently with family members who are settled in or are nationals of the UK. The first part of the chapter covers human rights, particularly Article 8 and its impact on family life. The second part of the chapter considers the immigration rules. The family members of those coming to work or study and of refugees are also briefly considered. It examines marriage-related applications, that is, applications to join a spouse, fiancé(e), civil, or long-term partner. It considers the rules relating to adult family members and children, the family life of those with limited leave, and refugees and asylum seekers.

Chapter

Cover Understanding Deviance

11. Feminist Criminology  

This chapter deals with feminist criminology and the critique of a traditionally masculine-driven discipline. It considers feminist arguments about the relationship between the criminality of women and their subordinate position and life experiences and the role of gender in theories of crime and deviance. It first considers Carol Smart’s views, as well as those of other theorists such as O. Pollak, W. I. Thomas, L. Gelsthorpe, and A. Morris. It then examines substantive areas where significant work has been accomplished in the field of feminist criminology: the ‘female emancipation leads to crime’ debate; the invalidation of the ‘leniency’ hypothesis; the relations between gender, crime, and social control; gender-specific crime; the increased prominence of the female victim in political and academic analysis; the gendered nature of victimization and criminalization; male violence; and intersectionality of class-race-gender inequalities. It concludes with a review of criticisms against feminist criminology.

Chapter

Cover The Oxford Handbook of Criminology

21. Religion, crime, and violence  

Simon Cottee

This chapter explores the relationship between crime and religion, focusing in particular on jihadist religious violence. It is concerned to explain why the relationship between religion and violence is so contested and how it has been understood or, in some cases, explained away. It also addresses the construction of religion in criminology as a ‘prosocial’ social control mechanism, and goes on to sketch out how criminology can engage more fully and fruitfully with religious-based violence.

Chapter

Cover The Oxford Handbook of Criminology

28. Mental health, mental disabilities, and crime  

Jill Peay

What is the nature of the relationship between mental disability and crime? This chapter examines its nature, scope, direction, and implications for the study of criminology. Its early sections critically assess issues of definition, causation and of the success of treatment interventions. Its latter part reviews developments in policy and the emerging blurring of risk-oriented and therapeutic objectives. It concludes by urging a more sophisticated and less discriminatory approach to the field, which does not focus on diagnoses but rather on a holistic understanding of the relationship between people and crime.

Chapter

Cover Family Law

7. Domestic Violence and Abuse  

Anna Carline and Roxanna Dehaghani

Domestic violence and abuse impact the lives of millions every year. Historically, such conduct was considered to be a private matter, and outside the remit of the law. While domestic violence and abuse is now recognised to be an important social issue, the historical acceptance of such abuse provides a context to understand some of the difficulties that victims face today. A key focus of the chapter is the family law remedies available for domestic abuse victims. Three key remedies are examined: non-molestation orders, occupation orders, and forced marriage protection orders. In addition to this, the chapter will explore the definition of domestic abuse, which is now set out in the Domestic Abuse Act 2021. The chapter also explores some of the wider factors pertaining to the family justice system’s response to domestic violence and abuse. This includes the impact of the changes to legal aid as introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and the recent special measures brought in to support domestic abuse victims during court proceedings, introduced by the Domestic Abuse Act 2021.

Chapter

Cover Jacobs, White, and Ovey: The European Convention on Human Rights

18. Freedom of Expression  

This chapter examines the protection of the freedom of expression in the European Convention on Human Rights, discusses the provisions of Article 10, and explains that the majority of cases concerning Article 10 are brought by persons who have received some penalty for defaming or insulting other people. It analyses what constitutes an interference with free expression and considers the limitations on freedom of expression. The chapter also examines the judgments made by the Strasbourg Court on several related cases, including those that involved privacy, incitement to violence and hate speech, obscenity, and blasphemy. It also covers the development of case-law concerning social media and the internet.

Chapter

Cover Understanding Deviance

14. The Metamorphosis of the Sociology of Crime and Deviance  

This chapter examines recent developments in the sociology of crime and deviance, with particular reference to the criticisms that have been hurled against it, as well as the emergence of alternative theories. It assesses the value of the major theories covered in this book in terms of prescience and explanatory rigour, along with the extent to which the approach has benefited from and contributes to allied fields. It considers the acceptance of the premise that crime and deviance were problematic, rather than immanent, properties of social conduct. This is followed by a discussion of ‘left realism’ and ‘right realism’ and an analysis of radical criminology, post-modern criminology, strain theory, labelling theory, control theories, radical theory, and cultural criminology. It concludes with a discussion of the need to put local concerns in global perspective with threats ranging from terrorism and narco-violence to state corruption, climate change, energy insecurities, and pandemic diseases.

Chapter

Cover Criminal Law

10. Non-fatal offences against the person  

Michael J. Allen and Ian Edwards

Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses the main non-fatal offences involving violence against the person. Non-fatal offences include assault and battery, assault occasioning actual bodily harm, wounding and inflicting grievous bodily harm, wounding or causing grievous bodily harm with intent, administering poison, and offences related to explosive substances and corrosive fluids (including offences related to ‘acid attacks’). The chapter analyses in detail consent as a defence to non-fatal offences against the person, including discussion of recent case law on whether consent is a defence to acts of ‘body modification’. The chapter also outlines necessity and lawful correction. The chapter’s ‘The Law in Context’ feature examines the scope of ‘hate crime’ legislation.

Chapter

Cover Introduction to the English Legal System

7. The family justice system  

This chapter discusses the family justice system. It considers the role law plays in regulating the family. The chapter covers the institutional framework of family justice and its transformation. It notes the creation of the Family Court and the pressures on that court. It reviews the remedies which are available in that court, in particular those relating to the protection of children. The chapter briefly considers adoption. It considers other matrimonial matters, in particular the introduction of no-fault divorce and the financial effects of divorce. It considers policy relating to child support, and notes changes to ways of dealing with domestic violence and abuse. It considers the legal practitioners involved in family law issues and how they seek to deal with family disputes on a less adversarial basis. The effect of changes to legal aid for funding for family law cases is discussed.