Discuss distributive injustice (harms) and Productive justice (what and how things are produced).

SECTION A.

  1. The 4 conditions for a crime to be ‘transnational’. Naming each of these guarantees a mark of 7, briefly explaining with examples gets more marks (out of 10). Alluding to any- even where the answer is not explicit, guarantees a mark of 2.
  • Committed in more than one state
  • Committed in one state but prepared/planned/directed/controlled in another state
  • It is committed in one state but involves an organized criminal group active in more than one state
  • It is committed in one state but impacts another state ( Natarajan (ed) pg. xxv.
  1. This is an open-ended question. It requires brief illustration of how the same networks which promote travel, business, cultural exchange can be used for criminal activity, including such ‘ease’ of doing things or contact being the target of criminal activity. This can range from terrorism, trafficking, illegal dumping of waste, war crimes and crimes against humanity. A good answer will show evidence of this understanding, an answer with concrete illustrations (.e.g. of specific place/time/type of crime) will get more marks. An excellent answer will cite material (author) or a theory/perspective.
  1. This is an open-ended question, but which requires ‘listing’ of ‘push and pull’ factors, below. An adequate answer will list any of the factors; a good answer will illustrate the role of these factors in specific settings/cases of trafficking; an excellent answer will invoke author/source or a theory (Push factors: economic, political, social etc. in the supply country: Population explosion conflict; political oppression; environmental collapse; high unemployment etc. Pull factors: demand for cheap labour, paid sex- mainly targets powerless and vulnerable. Or how both pull and push factors combine with organized crime: Fraudsters; document forgers; immigration officials; police; brothel owners; the critical issue is the distance between the source and destination of trafficking, number of people involved, documentation required etc.
  1. This is an open-ended question which requires short illustration of the challenges of cyber crime- but form the perspective of ‘Routine Activities Theory’. A good answer MUST show not just understanding (knowledge) of what the theory claims, in relation to motivation of offenders, presence/absence of a Guardian and suitability of target, but also how this can be applied to cyber crime. An excellent answer will cite specific incidence of cyber crime and show how the factors apply.
  1. This theory requires citation/knowledge of the ‘environmental justice perspectives’- the general claims associated with the perspective, but also how these perspectives can help our understanding of environmental crimes. The general claim of these perspective is that; an environmental crime is an act that:
  • (1) may or may not violate existing rules and environmental regulations;
  • (2) has identifiable environmental damage outcomes; and
  • (3) Originated in human action.

Examples of Environmental justice perspectives are: Ecofeminism; Environmental racism; Red-green movements; Deep ecology and so on. Below are some of the ways of explaining these perspectives:

Ecofeminism:

  • Domination and exploitation of nature is related to the domination and exploitation of women (Merchant, 1980, 1996).
  • Patriarchal structures produce and reproduce the exploitation of women and nature. E.g. Male predominance promotes growth, technology, science and progress as solutions to ecological and economic crises (Mies,1993) .
  • Patriarchy must be replaced with egalitarian forms of social organization (Epistein, 1993: 145)

Environmental Racism:

  • Racial discrimination in environmental decisions, actions and policies.
  • Inequality in environmental regulation enforcement, the siting of polluting industries and waste sites and the elimination of products and production processes that largely affect communities of colour.
  • Distributive injustice (harms) and Productive justice (what and how things are produced).

Red-green

  • Economic oppression = Environmental degradation.
  • Capital restructuring passes the costs of a poor environment to poor people (O’Connor, 1998):
  • In this way, capitalism exploits working class labour and environments (see Engels, 1968 [1845])
  • Poor people removed from environmental decision-making

SECTION B.

  1. This question requires illustration of genocide from the perspective of ‘Sykes and Matza’s (1957) ‘techniques of neutralization’ theory (denial of victim/ injury/ appeal to higher loyalties and condemning the condemners) Good works must, first of all, list/show the main tenets of this theory, and how it can used to illustrate/explain genocide. Excellent works will show not just this knowledge, but also knowledge of specific incidences of genocide, together with citation of sources, or provision of an alternative critique.
  1. This question requires knowledge of what constitutes a ‘state crime’ and/or a war crime, but also how these crimes are committed- for example using private militias, special forces etc. War Crimes are: ‘Acts defined by the law as criminal and committed by state officials in the pursuit of their jobs and representatives of the state (Chamblis, 1988); Chamblis, Later: ‘Behavior that violates international agreements and principles established in the courts and treaties of international bodies’ (1995); Government acts which violate international law, even when they do not violate domestic law (Kramer and Michalowski, 2005). War Crimes are: Serious violation of the law and customs of war (AKA International Humanitarian Law) giving rise to individual criminal responsibility:.e.g. Murder, mistreating, deporting civilians of an occupied; murdering or mistreating prisoners of war or civilian internees ; forcing protected persons to serve in the forces of a hostile power; Killing hostages; killing or punishing spies or other persons convicted of war crimes without a fair trial; Targeting civilians during conflict.

The work by Jamieson and McEvoy (2005) lists a number of ‘techniques’ which can be used to legally place victims from the reach of justice (where the state does not want to recognise them) and perpetrators  from the rich of justice (where their recognition would implicate the state). An excellent answer will therefore show not just knowledge of the ways in which state crimes are committed, but also how states may use some of these technique of ‘othering’ perpetrators and victims. These techniques include: Perfidy; Use of ethnic militias and indigenous terror groups; privatized proxies; use of friendly ‘war on terror’ allies; use of carceral territories e.g. Guantanamo bay; rendition etc.

  1. This is an open-ended question which tests a student’s ability to explain terrorism from the perspective of ‘strain theory’. There are many theories of strain, including general explanations of how individuals/groups become strained/isolated form a collective and what this means for crime and justice. A good answer will show understanding of the notion of strains and who it can be deployed to read terrorism. A great answer will cite a specific theory and use it illustrate a recent case of terrorist attack. An excellent answer will connect the strains of terrorism to the strains of being victimised under the ‘war on terror’, citing specific sources and examples of terrorism.
  2. This question requires specific knowledge of the extent/ challenges of environmental crimes in the EU (from air and water pollution; logging; trade in endangered species; dumping of toxic waste) and the policing frameworks. Strategies and operations. A good answer will use specific examples of environmental crimes to show the problems of ‘intelligence sharing’, jurisdiction; corruption and so on and it applies to organizations such as Europol/Interpol. An excellent answer will map the shared space of environmental crimes with other transnational rimes (e.g. smuggling; forgery; money laundering) and how, combined, these challenge the capacity of states a d supranational organizations to adequately investigate or prosecute crimes.
  3. This is an open-ended question which gives the student a chance to show how the UN, through its divisions and specialized organs (and its Charter) endeavors to prevent international crimes (e.g. genocide, war crimes..) but also how recent efforts such as the establishment of the international criminal court are being used to prosecute international crimes.  A good answer swill use specific examples of international crimes to show how the UN has been active (e.g,. through its tribunals in Rwanda; Yugoslavia) but also how it has been ineffective (the invasion of Iraq etc). An excellent answer will cite specific examples of the matter presently being prosecuted by the UN, e.g. at the ICC.

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