Empirical Criminology Principles, Methods, Goals

1. Empirical CriminologyPrinciples, Methods, Goals Hans-Joerg Albrecht

2. Outline • Principles of criminology • Why interest in criminological research? • What is crime? • A look at lethal violence • Studying Legalization of Marijuana in Uruguay (and elsewhere) Criminology an Introduction 2017

3. Principles of Criminology • Empirical science (data, variance and explanation) • Theory guided (beyond description = explanation) • Based on scientific methods • Systematic collection of data • Observational v experimental approaches • Interdisciplinary • International and comparative Criminology an Introduction 2017

4. The Aims of Criminology • Finding out what is true (as opposed to what is right in the normative sense) • Contributing to criminal and public policy through evidence about what works and what does not work • Critic of criminal law and its practices Criminology an Introduction 2017

5. Why Interest in Empirical Criminology? • Modern criminal law needs criminological input • Rational goals: protection of interests, prevention of crime, recidivism • Criminal law is part of a wider system of social control • Alternatives and a need of legitimation • Crime may have a negative impact on security and economic wellbeing • Organized crime, corruption, violence • Evaluation has become an important element in normative assessments of proportionality Criminology an Introduction 2017

6. What is Crime? • Criminal law theory meets criminological theory • Both contribute to answering the question of how a process of law making should look like if the results shall be criminal norms which are legitimate and accepted • Making of criminal law and decriminalizing behaviour reflect changing perceptions, sensibilities and attitudes towards risks, dangers and harm • The making of criminal law therefore will also always be embedded in specific cultural settings • This again explains why from a comparative point of view criminal law exhibits significant variation across countries and across time Criminology an Introduction 2017

7. What is Crime? An Example • Karl Marx on The Prussian Law on Firewood “The public recognizes punishment but it does not see a criminal offence, and, because the public sees punishment where there is no crime, there will be no crime exactly because of exerting criminal punishment. With applying the category of theft where it may not be applied, there will be an impact where it should in fact be applied.” (Karl Marx 1842, p. 113) Criminology an Introduction 2017

8. Punishment and Stigma • Power and criminal punishment have to be cleansed from the stigma of violence and despotism • The stigma of violence can only be compensated • through establishing a criminal norm which is perceived by the public to be legitimate • Legitimacy can be achieved only through a process of law making which ultimately results in people accepting the criminal norm as reasonable and just • The public must trust the state and justice agencies Criminology an Introduction 2017

9. Empirical Science • Facts as opposed to norms/values • Observing and explaining crime and criminal behavior • How much crime? • What changes compared to last years? • What accounts for changes? • Observing and explaining criminal justice (decision-making) • How many offences reported to police? • How many offenders prosecuted, convicted and sentenced? • Inferences on causality • Naive conceptions in law and of lawyers (overestimation) • Observational v. experimental data Criminology an Introduction 2017

10. Lethal Violence per 100.000 in Western/Northern Europe Source: Eisner, M.: Modernization, Self-Control and Lethal Violence. British Journal of Criminology 41(2001), S. 618-638. Criminology an Introduction 2017

11. Criminology and Theorizing • What is observed (facts)? • 1. Over the last centuries lethal violence declined significantly in Europe • 2. The decline occured mainly in the 16th and 17th centuries • Did something happen in this period is of relevance for lethal violence? • How can that drop in lethal violence be explained? Criminology an Introduction 2017

12. A Process of Civilization (Elias) • Monopolization of force • Military and police • Development of a system of civil service (including justice system) • Courtly life • Civilized behavior (polite behavior) • Self control and restrictions on emotions • Development of social and economic dependencies • Development of the economy and early forms of capitalism • Loyality based on economic and financial interdependencies (maintenance of military and civil servant systems) Criminology an Introduction 2017

13. Changes in Systems of Control and Discipline • New systems of social control • Centralized enforcement of rules (law) • Discipline enforced through law • Regulation of life through formal norms • Social discipline • Schools and education • Industrial labor • Strengthening of self control starting in higher classes and trickling down (top down and spillover) • Explains the particular focus on „dangerous classes“ in the 18th and 19th centuries Criminology an Introduction 2017

14. Global Lethal Violence: Variance Criminology an Introduction 2017

15. Looking at Lethal Violence: Causes of Death 2013 Germany • Sources: www.destatis.de; www.bka.de Criminology an Introduction 2017

16. Lethal Violence and Gender Criminology an Introduction 2017

17. Homicide / 100.000 Global Criminology an Introduction 2017

18. Homicide / 100.000 Germany Criminology an Introduction 2017

19. Explaining Mexican Violence • 2010, some 15.273 killings have been counted in Mexico, related to illicit drugs trafficking, a number higher than the one recorded for 2009 (and those for 2008 …) • Characteristics • Excessive violence, cruelty • Victims • Police, judiciary, politicians • Competitors • Family members, relatives • Bystanders, third parties • Escalation in retaliatory violence Criminology an Introduction 2017

20. Two assumptions • Retaliatory violence is • A form of informal control due to a lack of access to protection of civil and criminal law • Prosecuting grievances • Punishing those who impede the pursuit of business • Deterring those who might interfere in business transactions • A characteristic of the social strata from which participants in illicit markets tend to be recruited • „To the extent violence does occur (in illicit markets), the best place to look for its explanation is in the societal and political context. Violent societies produce violent criminals and violent police and military forces” (Naylor 2009, p. 241) Criminology an Introduction 2017

21. The problems of actors in illicit markets • Predators (Robbery, theft, rape) • Victimization surveys on drug (heroin, crack) and prostitution scenes demonstrate extremely high rates of robbery, theft, violence • Non-compliance with contract obligations • Disputes about territory (and market shares) • Internal transactions (succession and reward) Criminology an Introduction 2017

22. Professional Killing: Police and Lethal Force Criminology an Introduction 2017

23. Interdisciplinary Research on Lethal Violence • Socio-legal research on homicide and criminal law • Forensic psychiatry/psychology • Mental health and the unsound mind, criminal responsibility and criminal/civil committals, diagnosis and prediction • Longterm trends in homicide • Historical research and theories of social and political change • Extreme violence (genocide) • Domestic violence (infanticide, femicide) • Culture and lethal violence • Honor killing (revenge killing) • Social control and lethal violence (illicit markets) • Gun culture and lethal violence • Professional killing (police killings, assisted suicide) Criminology an Introduction 2017

24. Implementation and Evaluation • Uruguay's Mujica: Legalize Marijuana to Tackle Drug Violence Criminology an Introduction 2017

25. The Process • Former President of Uruguay, José “Pepe” Mujica, initiated a process of legalizing Marijuana in Uruguay • Law was passed in 2013 • Successor of Mujica chose to stand by legalization • Since end of 2013 marijuana is completely legalized in Uruguay • Principal argument • Containment of organized crime and violence Criminology an Introduction 2017

26. Drug Policies and Values • Drug policies • are part of the political economy • are loaded with values and driven by values • Conflicts on drugs and drug policies represent value conflicts and • generate more problems than other types of (interest) conflicts (less room for negotiation) • Associated with beliefs concerning social order and justice • Legalization of cannabis is carried out in a social and political environment which is sensitive and conflict prone Criminology an Introduction 2017

27. Which effects are to be expected from legalizing cannabis? • Direct effects • Related to law enforcement (less investigations etc.) • Related to drug markets: less violence • Indirect effects • Coming with reductions in law enforcement (and with reductions of adverse effects of criminal law: stigma and discrimination) • Possibly adverse effects of legalization • Increased consumption, more medical problems • Traffic safety • Political, international conflicts • Possibly adverse effects of regulation of cannabis • Spillover effects (neighbouring countries) Criminology an Introduction 2017

28. Why is Criminology Necessary? • Criminal law and criminal policy are based on the promise to protect • In exchange for stripping society from the power to exert force • Legitimacy of criminal law is based on its results • Evidence based crime policy • how is criminal law implemented • What are the outcomes of criminal law (and punishment) • Identification of the limits of criminal law and possible alternatives • Criminal law is but one element in a system of social control • Permanent pressure to justify its legitimacy on the basis of results Criminology an Introduction 2017