Projects / Programmes
Shifting Boundaries in Criminology and Crime Policy
| Code |
Science |
Field |
Subfield |
| 5.07.00 |
Social sciences |
Criminology and social work |
|
| Code |
Science |
Field |
| S160 |
Social sciences |
Criminology |
| Code |
Science |
Field |
| 5.05 |
Social Sciences |
Law |
shifting boundaries, criminology, crime policy, criminal law, Slovenia
Researchers (13)
Organisations (2)
Abstract
In recent years, we have witnessed significant shifts in the conceptual and normative boundaries in the fields of criminology and criminal law. The research project aims at identifying the reasons and rationales of such shifts, recognising the risks posed by these shifts and generating new knowledge that could help find solutions to the identified risks and draw a path for further developments.
In the context of shifting boundaries within criminology, specific changes have blurred the difference between what types of violent and acquisitive activities are deemed criminal and what are deemed “normal” (legal). Moreover, boundaries between criminology and related fields have become more blurred, and the potentially most intriguing could be the emergent (over)reliance on neuroscience and genetics in explaining the potential criminality of an individual or his/her tendency to develop anti-social behaviour. At the more practical level, boundaries between criminal law and other legal disciplines have shifted, leading to, among other things, over-criminalization, an omnipresence of criminal law and technical surveillance, and the lowering of procedural standards. In the field of economic criminal law, the more repressive stance creates a pressure to shift procedural and substantive law rules. Additionally, shifting boundaries in the field of laws of armed conflict have materialised in the re-conceptualization of war and terrorism, the line between war and peace, and between terrorists and civilians. Finally, in the field of punishment we can observe processes of formalization and an inflation of incriminations and criminal sanctions redefining the concept of what, who, where, and how to punish.
The research project is divided into six thematic work packages (WPs), each covering one of the substantive shifts described above. Some of the specific objectives set in the work packages (and elaborated below) are as follows: 1) to provide an overview of shifting normative boundaries in post-modern society and examine reasons for the absence of normative limits where they are most needed, i.e. in the capitalist economy; 2) to analyse how progress in neuroscience and genetics alters the perception of boundaries between the social and biological perception of the crime; 3) to identify the common core of criminal law principles and apply these principles to national and transnational solutions that seem to breach these principles; 4) to analyse recent criminal law and policy responses in the area of economic crime and address the adverse consequences of some of the proposed remedies; 5) to examine the shifting of boundaries in the re-definitions of war and terrorism which paved the way to the militarization of the “war on terror” and, consequently, less transparency and oversight in the fight against terrorism; and 6) to provide insights into changes occurring in the field of punishment, changes that can be seen at the temporal, spatial, and personal level and in the qualitative dimension of punishment.
The individual WPs and the synthesis of findings will offer a comprehensive view of the above mentioned shifts. It is crucial that we understand the processes and rationales behind significant changes in the domains where human rights and liberties are most vulnerable, on the one hand from a purely scientific standpoint, but from a very practice-oriented standpoint as well. Our objective is, first, to identify and comprehend the changes and their dynamics to couple them with relevant theoretical concepts, develop new ones and broaden our understanding of the development of the field. Secondly, we plan to provide policy makers and the public at large recommendations on how to tackle the above-mentioned risks resulting from the shifting of boundaries.
Significance for science
The research (WP1 – WP6) will provide valuable results useful in the fields of criminology and crime policy.
First, we will provide a new analysis (WP2) of the major changes now occurring in the field of criminology. By critically analysing a new criminological paradigm in which the assessment of the sanity of defendants is being shifted from psychologists and psychiatrists to neuroscientists and geneticists, we will provide insights into what kind of dangers such shift represents, for example in the case of predicting future behaviour of individuals.
Second, in the field of criminal law, the results (WP3) will include a comprehensive interdisciplinary evaluation of EU competences in the field of criminal law. In addition, the project will be relevant for the wider research community that may use its results as a reference point in designing similar research projects focusing on other legal areas involving an EU dynamics, as well as directly for EU and national policymakers in the area of criminal law who must seek an appropriate balance and suitable measures in regulating this sensitive area of the law.
Third, the research project (WP4) will provide a critical evaluation of the latest reforms in the field of economic crime (e.g. the introduction of special courts, reducing the prosecutor’s burden of proof by redefining elements of economic crime, the impact of newly introduced plea bargaining on the prosecution of economic crime… etc.). In addition, the research will provide a scientific-based, coherent overview of the trends in the area of crime control. This will enable us to critically assess and compare the developments in Slovenia with crime policy shifts in Europe and beyond.
Fourth, by providing an in-depth analysis (WP5) of the contemporary re-conceptualization of war and terrorism, the research will provide new insight for the fields of criminology, law and political science. The research will upgrade current research by providing new insights into the negative consequences of shifting boundaries in the laws of armed conflict (e.g. the blurring of the distinction between civilians and terrorist, the blurring of distinction between war and peace, the lack of oversight mechanisms etc.).
Fifth, since punishment and society’s attitude towards it are constantly changing, even recent debates may already be rather obsolete. Therefore, our analysis (WP6) of contemporary changes will bring important and original results. Additionally, a comprehensive treatment of a wide field of issues should achieve that as well. The focus of the research will be the European context, but a comparative approach will allow us to open possibilities for further new knowledge and new insights in the field beyond Europe itself.
Significance for the country
First, the research (WP2) will provide policy makers with valuable insights into how neuroscience and genetics could negatively affect crime policy. Because criminology is increasingly testing the possibility of using genetic and neuroscience to explain the criminality of the individual or his/her tendency to develop an anti-social behaviour, we will provide new in-depth knowledge on how uncritical acceptance of such theories could open the door to new forms of exclusion. We will, for example, provide a detailed analysis of the risks that could emerge if individuals with a genetic condition for criminal behaviour or specific brain changes will start to be treated differently.
Second, the analysis of shifting boundaries between criminal law and other legal disciplines (WP3) will be relevant for Slovenian legislators in their efforts to further improve criminal legislation. In Slovenia, there have been 14 amendments to the Criminal Procedure Code over the past 20 years. The research project will define the criteria to delineate between what is a criminal matter and what not, and what fundamental rules guiding it should be. This will serve as a guide to the legislature in drafting new amendments and as a tool for the judiciary in deciding actual cases. The aims of the project are also important at the institutional level, as they will offer a framework for assessing and reshaping the jurisdiction and powers of state authorities.
Third, by analysing economic crime enforcement (WP4), we will be able to provide concrete recommendations for the improvement of crime policy. We will focus on alternative preventive policy measures. Since legislators lack academic studies on the consequences of their legislative changes, while investigators, prosecutors and judges need to be systematically educated on the latest developments, our research will help in filling this gap. The results of the project, when accepted by stakeholders, should lead to the decrease of harm produced by economic crime, and greater legal safety.
Fourth, for policy makers the results of the research (WP5) will be relevant as they will indicate the main problems caused by the militarization of the “war on terror” (e.g. non-transparency, unaccountability, lack of oversight, arbitrary decisions in the targeting process etc.). The research will provide policy makers with recommendations on how to avoid failed practices in counter-terrorism policies.
Fifth, in the field of punishment, the research (WP6) will provide a platform for a new national strategy on the prevention of crime, and offer instruments to evaluate existing punishment mechanisms. This is specifically relevant for Slovenia as its traditionally lean punishing system is at a crossroads and on the way towards harsher punishment. Assessing new approaches (e.g. introducing Probation Service planned in 2016) in the research context will give decision-makers clear guidelines and answers as to what their policies could and could not, and should and should not produce.
Most important scientific results
Interim report,
final report
Most important socioeconomically and culturally relevant results
Interim report,
final report
