Crime Policy

1. Defining crime policy

2. Crime trends and the costs of crime

3. Evidence-based crime policy

4. Penal populism

5. Police and crime control

6. Prisons and crime control

7. Privatizing crime control and punishment

8. Crime prevention through environmental design

9. Crime problems and priorities:

a. Crime in urban environments
b. Violent and sexual crime
c. Immigration and crime control
d. Drug crime
e. Cybercrime
f. White-collar and corporate crime

10. Comparative crime policy

11. The future of crime policy

2 group activities in the seminar (10% each = 20%)

• 1 presentation (20%)
• Final exam (60%). Multiple-choice questions and short answer questions based on contents of the
class and the reading material
Crime exists in some form everywhere, but not all harmful behaviours are criminal and not all
criminal behaviours are harmful.
- are now criminal but in the past they weren’t?
- are now not criminal but in the past they were?
- are criminal in Spain but not in other countries?
- are not criminal in Spain but are in other countries?

There are considered criminal almost everywhere some crimes like homicide, murder, steal theft,
rape… But there are others that are criminal now but in the past they weren’t like gender violence,
cybercrime, driving under influence of drugs. Also, there are some crimes that are now not criminal
but in the past they were like abortion, homosexuality, adultery... For example, drug offences,
prostitution or bull fighting are not criminal in Spain but it is in other countries. In the case of the gun
possession in Europe is illegal but in America (USA) it isn’t. The same occurs with abortion,
holocaust denial, prostitution and drug use and sale in different European countries.

The point is that there are a lot of differences between countries. So, how can be there be so many
differences in countries that seem so similar? Maybe cultural differences

On the one hand, national judgements about particular cultural values

Criminal law often grows from a society’s social norms. In other words, as cultural norms change so
does criminal law.

But often it’s not cultural differences about the desirability of certain acts but rather different opinions
on how to deal with them:
- Netherlands drug policy = harm reduction; America = intolerance and prohibitionism
- Crime control policy can be instrumental, expressive, emotional, moral…
- Drug policy effectiveness = harm reduction or moral statements? Systematic knowledge and
consensus is lacking, but things generally agreed upon about crime and public policy (Tonry,
2009):
1. Violent crimes have been declining in most countries since mid 1990’s
2. But little is known about crime rates and trends for many crimes.
ex. white-collar crimes; Cybercrime; organisational crime (mafia); environmental crime; organized
crime (business); child abuse; drug trafficking
3. Relatively little is known about the costs of crime and the cost effectiveness of crime control
strategies
4. Countries vary enormously in use of criminal justice systems
5. Every country uses a wide range of approaches to deal with crime (a lots of different of strategies)

Types of different strategies or approaches do countries use to deal with crime

- Prevention strategies, harm-reduction strategies, hotspot policing, zero-tolerance, criminal
sentences, gun control, street lighting, legalization, rehabilitation, do nothing
- Crime policy approaches (Tonry, 2009) (6)
 Criminal law enforcement
• Criminal justice system actors:
- Legislators enact and revise laws
- Police investigate and arrest
- Prosecutors initiate proceedings
and negotiate plea deals
- Judges oversee trials and dictate
sentences
- Correctional authorities manage
prisons and probation
There is lots of discretion in this process
meaning disparities in how cases are
processed.
Criminal sanctions prevent crime by:
Deterrence (fear). Certainty is more
important than severity; No clear evidence
of marginal benefit of punishment
increases; Bounded rationality
Incapacitation. Some sentences
incapacitate some offenders, but some
would not have reoffended, some are
substituted, some will mature out of crime
Rehabilitation. Well-managed and well-
targeted drug treatment, sexual abuse and
cognitive-behaviour, etc., programmes
reduce offending.
Moral education. Philosophical support,
but no empirical evidence
What’s the evidence base about criminal
justice system effectiveness?
Regulation
Normally associated with business crimes,
but also relevant for drugs, prostitution,
gun crime, etc.
• Criminalizing gambling vs.
administrative controls
• White-collar crime prevention through
regulatory standards and criminal
prosecutions as last resort
· Regulations and civil approaches are
faster and less confrontational
• Policy support is often ideological:
→ right wing = regulation for business
crime and harsher responses for drugs,
prostitution and street crime
→ left wing = the opposite
Prevention
Three main forms
1. Situational: Physical measures to
make crime harder can work
2. Developmental: Programmes to
reduce at-risk children’s likelihood of
offending. More cost effective than
investment in prison, but the benefit is
long-term
3. Community: Community initiatives to
improve social conditions. Providing
mentoring, opportunities, skills
• What do they involve?
Decriminalization
¿Examples of decriminalized conducts?
· Heresy, adultery, prostitution,
homosexuality
De jure vs. de facto decriminalization
- Heresy, adultery, prostitution,
homosexuality
- Possession or use of drugs
- Riding a cow while drunk
Harm reduction
Benthamism revived: utilitarianism
and parsimony (maximize happiness
and minimize harm)
Achieve policy goals at lowest
aggregate social cost
ex.
• Dutch drug control policies:
decriminalizing use and providing
support for addicts while law
enforcement focuses on large scale
traffickers and manufacturers
• Dutch and German prostitution
approaches: legalized but with
support
• Ideological, emotional and moral
objections mean U.S. guns, drugs and
prostitution policies are generally not
harm reduction, but it is more
accepted for business crime
Non-intervention
• Do nothing ex. juvenile
delinquency. After all people grow
out of crime
• Avoids labelling and criminogenic
environment: Juvenile justice
interventions can make children’s
lives worse and increase the
likelihood of future offending
• Minority children are more likely to
come into contact with criminal
justice system
• Decriminalization = radical non-
intervention
Non-intervention can be better for
criminalised behaviours that are
moral issues or politically unfeasible
ex. pornography, drug use, gambling,
 etc.

Crime rates and trends

What are the notable crime trends (or most problematic crimes) in Barcelona in the last 10 years?
Theft, burglary, mugging (robos con violencia o intimidación), fraud

What are the notable crime trends (or most problematic crimes) in Spain in the last 10 years? Fraud,
theft, burglary (robo con fuerza en las cosas)

What are the notable crime trends in Europe in the last 150 years? Political corruption, terrorism,
money laundering

Sources of information for crime rates and trends

There’s generally good information on rates and trends for some serious violent and property crime
against individuals. But for many crime types the information is not great.
We can we find information on crime in Barcelona or Spain or Europe
- police recorded crime (Ministerio del Interior, Eurostat, Mossos d’esquadra, European
Sourcebook of Crime and Criminal Justice Statistics )
- surveys (crime victimization surveys)
- But difficult in crimes like white-collar crime, corporate crime, environmental crime. We
should use surveys? or studies? → difficult to know

Costs and cost effectiveness

We have a limited evidence on the costs of crime, estimates are often exaggerated because they
include economic costs of pain and suffering
• Cost-benefit = monetary value; cost-effectiveness = includes nonmonetary outcomes.
• Cost-benefit analysis often excludes costs to offenders

Better evidence of cost-effectiveness of policy choices (Not in Spain)

ex. law enforcement vs. prevention or developmental or rehabilitation programmes
These often include costs to offenders and qualitative outcomes (mental health, substance use, etc.)

Choosing policies
Rational evidence-based policy is desired (rational in the sense of examining cost-effectiveness), but
policy choice is often not rational in this sense, and economic, political, social, ideological and moral
issues drive policymaking
ex. the war on drugs reflects moral entrepreneurship and political calculations as much as preventing
harmful behaviour and its social costs
Rational evidence-based policy is desired and it’s the criminologist’s job to promote it
 Evidence-based policy
Rational evidence-based policy is desired and it’s the criminologist’s job to promote it. *Rational in
the sense of examining cost-effectiveness. It’s common in medicine or education and growing in
criminology
→ Policies can have a range of effects
→ Scarce resources
→ Evidence is more rational
→ Improve evidence about what work

Spanish politician wants to make toughen measures by the Russia-Ukraine war.

For example, the war on drugs or criminalization of abortion reflects moral entrepreneurship and
political calculations as much as preventing harmful behaviour and its social costs.

Many crime programs or policies continue despite evidence showing they’re not effective or have
limited evidence (for example the prison). But policy choice is often not rational in this sense, and
economic, political, social, ideological and moral issues drive policymaking. There are many other
considerations:
- Competing government priorities and scarce resources
- Public concerns about other issues
- Political worries about ‘soft on crime’ as well as short-term vision

• What is one of the most well-known criminal justice policy disasters in the world?
→ Scared straight programs involve organised visits to prison by juvenile delinquents or children at
risk of committing crime (pre-delinquents). Promoted as a crime prevention strategy, identifying
children at risk of committing crime to discourage them from any future criminal conduct. This
review assesses

South Carolina program Project STORM. Troubled teens spend time in jail in hopes that they'll turn
their behavior around.

This type of interventions are likely to have a harmful effect and increase delinquency compared to
doing nothing. There is no evidence for the effectiveness of scared straight or similar programs on
subsequent delinquency. Furthermore, analysis of studies reporting reoffending rates showed that the
intervention increased the odds of offending on the part of both the juveniles and predelinquents.

→ zero tolerance policing in New York

"Under Mayor Giuliani's leadership, overall crime was cut by 56 percent, murder was cut by 66
percent”
 Does Zero tolerance policing work? Need relevant of time of results (not the same before and after),
no comparison to other intervention. Need other research, consider other variables…

Evidence-based questions
• What is the nature and severity of a particular problem?
• Where did the problem come from?
• What programmes are deployed to address the problem and how well are they deployed?
• *What works and what could work better?
• What is the cost effectiveness of alternatives?

General ideas about ‘what works?’ EBCP

It utilizes the most scientifically valid evaluation studies to analyse what works. It seeks to increase
the influence of research on policy. The Campbell Collaboration, amongst others, provides the
institutional base. There are a growing number of examples of EBCP in the western world. The
evidence-based paradigm for crime policy is here to stay.

Evidence means empirical evidence, which can come in many forms.

Evidence-based crime policy means using facts, not opinions. Using opinions or intuition can have
harmful effects, involve programmes that don’t work, waste resources and divert attention from the
most important issues. The main aim of evidence-based crime policy is the prevention of crime, but
other outcomes are relevant, for example? community relations, worry about crime, well-being, etc.

Evaluating programmes
* USA stands of the major prison population rate. Lot of cost to maintain prison (tools, measures and
infrastructure).

The quality of evaluation studies depends on

Statistical conclusion validity Internal validity

If the study sufficiently demonstrates that an intervention

Based on the data, is there a relationship between the
had an effect on the outcome. Need a control group to
variables?
estimate a counterfactual.
Main threats
Main threats (no exam)
- Small samples (insufficient statistical power): The
Selection; History; Maturation; Instrumentation; Testing –
smaller your sample, the less likely your evidence is to
pretest effects postest; Regression to the mean.
reveal the truth
Intervention on anomalous units; Differential attrition;
- Inappropriate statistical techniques.
Causal order.

Construct validity External validity

Adequacy of the operational definition and measurement Is the effect of the intervention generalizable or replicable
of the theoretical constructs. in different conditions?
Criminological theories Rational choice theory, broken - Different definitions
windows theory… - Different people
- Different environments
• What is self control?
• What is strain? Importance of systematic reviews and meta-analysis
• How do you measure them? How do conditions affect results: e.g. street lighting and
crime in Norway vs Málaga

An evaluation of a crime prevention programme is high quality if it has a high degree of internal,
construct and statistical validity, i.e. does it control for the threats?

The best way to do this

– Experimental or quasi-experimental design
– Randomization = treatment and control groups are the same on all relevant variables
Randomization controls for known and unknown confounders
– Needs sufficient units (people, schools, areas). Easy with people, difficult with larger units.
Expensive in large units so more common to control via statistical techniques

▷ Assessing research evidence

Systematic review: identify, evaluate and synthesize evidence from prior studies
6 stages
1. Set out eligibility criteria. Randomization integrity, attrition from initial sample, blinding of
outcome assessors, fidelity of program implementation.
2. Search for studies in non-biased manner
3. Screen studies
4. Extract relevant data
5. If possible, analyse results quantitatively – meta-analysis to calculate weighted average effect
size
6. Report results

▷Assessing value for money

Cost-benefit = monetary value Cost-effectiveness = includes non-monetary

Main aim. Produce benefit to cost ratio for an
intervention, e.g., “for every €5 spent, €8 were
saved”
Main threats.
· Difficult to estimate costs of crime: what might
be included? moral costs for example
· Estimates are often exaggerated because they
include economic costs of pain and suffering
(Tonry, 2009)
· Can often exclude costs to offenders (Tonry,
2009) Not proporcional.
outcomes
In general there’s better evidence of cost-
effectiveness of policy choices than cost-benefit
(not in Spain, where there’s no basically no
evidence of anything)
ex. evaluations of law enforcement vs.
prevention or developmental or rehabilitation
programmes.
These often include costs to offenders and
qualitative outcomes (mental health, substance
use, trust in criminal justice system, etc.)
 Toolkits available: Cost-Benefit Analysis and
Justice Policy Toolkit, Overview of WSIPP’s
Benefit-Cost Model…

Policy processes
The link between research and policy is not always clear, for example, “La idoneidad de la
agravación de la prisión para producir un efecto reforzado de disuasión no parece discutible”
(Spanish Constitutional Court Sentence 169/2021).
But sometimes it is clearer like Gencat or Washington State Institute for Public Policy

Four main ways evaluation research can influence policy

◇ Instrumental. Evaluation results provide direction to policy
Rare – decision makers are interested in desires or participants and staff, support of voters, interests of
powerful people, costs of change, availability of staff and other resources.
◇ Political or symbolic. Provides justification or legitimation
Research is cherry-picked later and can be misused
◇ Conceptual. Evaluation results not acted on directly, but are in policy discussion or become
common knowledge
- Best practices
- May be most important influence so far
◇ Imposed use. Evidence base is a requirement to receive funding

Four filters that separate evidence from policy

• Prevailing paradigms: “Nothing works”, “Individualized sentencing works”, etc.
• Prevailing ideologies: zero tolerance policing, the myth of the punitive public…
• Short-term political considerations (short-vision implementation, not looking forward)
• Short-term bureaucratic considerations and inertia. Resistance to change
These make knowledge influence on policy is often indirect or partial

What works to reduce crime?

➪ CCTV in public spaces, more effective in park cars, less on the city
➪ Improved street lighting, effective to prevent crime
➪ Neighbourhood watch (people supervise)
➪ Juvenile curfews
➪ Formal System Processing of Juveniles
➪Court-mandated interventions for individuals convicted of domestic violence
(programmes)
➪ Disorder policing (focused to minimize disorder like zero tolerance)

Databases to know what works to reduce crime: The Campbell Collaboration Crime and Justice Group
→ Preparation and maintenance (updated periodically) of systematic reviews on the effects of
criminological interventions. Available to practitioners, policymakers, scholars, and general public
→ Interventions to reduce crime or improve management of the criminal justice systems.
59 reviews (28 in Spanish). Some of the most recent:
◦ Organized crime groups: A systematic review of individual-level risk factors related to recruitment
◦ Court-mandated interventions for individuals convicted of domestic violence
◦ Opioid-specific medication-assisted therapy and its impact on criminal justice and overdose
outcomes
◦ Administrative reforms in the public sector and their impact on the level of corruption
◦ Effectiveness of school‐based programs to reduce bullying perpetration and victimization
◦ Body-worn cameras’ effects on police officers and citizen behavior
►International developments:
▷USA
Preventing Crime: what works, what doesn’t, what’s promising. Independent scientific assessment of
over $4 billion of crime prevention programmes.
The Center for communities that care. Implementation and evaluation of community specific
programmes that have demonstrated effectiveness in reducing delinquency and problem behaviour.

▷UK
Center for crime and justice studies
SCCJR

► National developments
IEPP. Instituto para la Evaluación de Políticas Públicas

*Challenges for evidence-based crime policy (in the reading materials)

▹ Implementation
· It’s not only about evaluation
· Evidenced-based policy has to consider local context and conditions
· How do these impact the outcomes
· It’s not “one size fits all”

▹ Practitioner use
· It’s not only about convincing politicians
· Administrative constraints, philosophical differences and institutional resistance to change can be
relevant for practitioners

EBC to design programs or interventions in an area or more global to reduce crime.

Difficulties to evaluate crime policy interventions. different measures in different aereas.
What can separate evidence from policy and practice? ideological, political…
 Penal populism
“What’s wrong with penal populism? Is there a corpus of reliable knowledge that entitles criminology
to the expert authority we criminologists claim for ourselves? How, in a democracy, can our expert
authority be justified when it runs counter to the preferences of the public? What steps might we take
to establish criminology’s credibility in the face of populist rejections of elite expertise?

Characteristics of penal populism?

◇ A political discourse that claims to follow the will of the “people” with the regard to punishment.
- People as opposed to criminological experts and practitioners “It is the people of Britain that I
am listening to on crime and punishment, not the academy or administrative elites”
- Politicization of crime policy formation: reduction in expert influence and reduced managerial
contro
- Reduced discretion of penal practitioners and greater political control of sentence lengths,
prison conditions, release decisions.

◇ Emotional tone with regard to punishment and use of victims for visceral appeal.
examples. Marta del Castillo, Sara Paolo… the politicians use them for harsher the policy
◇ Increased role of tabloid mass media as “voice of the people”: The tabloid wants the policy
◇ In short, populist measures are not evidence-based and the aim is shortterm political gain. They are
not even based on evidence of what the “people” (whoever they are) want but on tabloid headlines as
a proxy
◇ Penal populism is not a policy, but a way of “arguing for or representing policy”. Recent tendencies
are to harsher punishments and zero tolerance, but this is not a necessary condition
◇ Populist punitiveness is a type of penal populism. It’s also not necessarily right-wing
◇ Not all punitive policies are populist ex. authoritarian non-democracies

◇ Penal populism is more common in societies where public opinion matters and with
commercialized, competitive mass media.

Penal populism and the “will of the people”

People means “Real Americans”, “We are the 99%”, “Españoles de bien”…
Maybe they exist, maybe they’re the majority, but maybe not.

Populist political discourse creates and orchestrates the popular opinion it claims to express. But the
position must be shared to an extent. It is about shared discourse not movement.
What constitutes popular sentiment? Is it due to misreading the public as “punitive”? Is superficial
public opinion punitive but deeper opinion less harsh? When people have more time or know specific
cases and how the policy is applied they’re less punitive.

This can sometimes assumes that deeper opinion is more authentic – the true public opinion. But
superficial opinion is important to understand voting intentions because people vote based on
superficial attitudes. Differences between experts and politicians can be due to differences in
accountability, incentive, and reward.

“The challenge for criminologists and penal policy advisors is to find ways to represent their
preferred policies in forms that might resonate with public opinion and political narratives”
(Garland, 2021) How can this be achieved? May achieve with political contact + media information

Penal populism and expertise

Professional control has given way to political control: Mandatory sentence laws, sentencing
guidelines, truth in sentencing

But there are notable international differences:

→ USA – state-based law, elected county prosecutors and state judges, local community juries, ballot
initiatives that allow direct law-making by voters. Apply penal populism or citizens can design a law
and if they have a lot of votes can creat it.
→ Institutional design in Germany, Netherlands and Spain provide greater insulation from pressure of
public opinion

These differences may partly explain the differences in use of prison. Popular punitivism is related to
institutional differences as well as possible differences in violence and fear of crime

Evaluating penal populism

Penal populism often characterised as being an important political force that has made penal practice
harsher and that misrepresents public opinion by exaggerating desires for harsher punishments

Is this really true?

Often it leads to only symbolic legislation and policies but it does exacerbate critical view of expert
opinion and promote politics based on tabloids and there are always some contexts where expert and
evidence-based advice is relevant

Is penal populism always bad?

Criminologists need to make the case for their inclusion in policy debates. But to what degree? Should
they shape moral questions about retributive (proportional, expressive) punishments?
* Penal experts should communicate factual information about how world works, why offenders
break the law, what effects punishment has, what alternative options exist. This is relevant to
retributive judgements, for example, death penalty

Populism and democracy

The existence of penal populism should lead to reforms to insulate criminal justice decisions vs.
Democratic values mean listening to the majority sentiment

Elections vs. policy-making, which involves analysing costs and benefits, consequences, alternatives

“el Derecho Penal moderno debe edificarse sobre la base de una mayor participación ciudadana,
tanto en lo que respecta a la creación del Derecho Penal como en su aplicación” (Varona, 2018)

Populism and popular consent

The problem isn’t that penal populism is “popular”. It’s the use of political rhetoric and popular
appeals to produce policies that are not evidence-based.

Laws and policies require public approval but evidence-based crime policy can achieve this. Many
examples of criminal justice institutions that engage with the public.

There should be interaction between the public, politicians and experts. The public shouldn’t be shut
out but helped to understand. Penal populism in reality doesn’t include the public in policy formation
because it doesn’t really engage in debate and promote deliberation

Penal policy and criminological expertise

The authority of the criminological expert is not well established:
- First generation set unrealistic expectations. They say if there are criminologist in penal
system the violence will be=0
- Criminologists have been unsuccessful at explaining a lot of crime trends, but people don’t
listen to them. Like they don’t listen to the doctors and scientifics in pandemic situation.

But there are a lot scientific accomplishments. There are things do criminologists know to be true that
the general public normally don’t:

▹ Research findings need to be disseminated

▹ Risks, costs and benefits need to be articulated
▹ Risk is often unrealistic in penal populist discourse: any risk of offending is unacceptable.
◦ One offence is one too many
◦ Re-offending should mean forfeiting liberties for life
◦ One offence committed on parole means parole should be abolished

▹ Penal populism sets the interests of certain offenders at zero

It doesn’t consider the harms of aggressive policing and harsh punishment. We need to be able to say
there are some things we can’t know for certain. And there should be debate about the value placed on
offenders lives.

▹ Criminological experts should be separate from political activism:

◦ Arguments are based on evidence rather than political preferences
◦ Evidence can be strict quantitative facts or experiences about the workings of criminal justice
institutions, other countries, unanticipated consequences.

“The problem with penal populism is not that it’s “popular”. The problem is that it uses intemperate
political speech and demotic popular appeals to generate law and policies that have little relation to
criminological evidence. Rather than dismiss the public as incorrigibly punitive and ignorant,
criminologists ought to seek occasions to engage “public opinion” and improve public
understanding.” (Garland, 2021)

Thinking about penal policy

Is privatising punishment and good idea? What might be the advantages and what might be the
negative consequences? Fundamental rights could be violated, some offenders cannot have enough
resources.
Police and crime control

The typical objectives and tasks of the police?

◇ Prevent crime
◇ Maintain public order (in a broad sense)
◇ Detect and investigate crimes
◇ Provide information, advice, help, etc.
◇ Work with communities to address the causes of crime

Police and research

The more evidence we have about what can be done, the greater the potential to fail to do it
• Police do not carry out many activities to prevent and detect crime that research finds to be cost effective
• Police sometimes use practices that can increase crime; Focusing on some type of pattern crimes, linked
to politician mandats…
• Police invest more in the standard model than in customized model
• Police often reject research evidence without clear justification: they reject a change of policing because
it seem that the work that they are ding is not effective also may be linked to political standards.

Police knowledge and practice

Key evidence-based policing questions:
How much crime, of what type is occurring over time and across space?
How can we best predict where, when, by and against whom crime will occur in the immediate future?
What theories may best explain why and how to make better predictions of criminal events?
How cost-effective are various police practices designed to control crime?

Evidence-based policing
The possible benefits of evidence-based policing?
Reduce crime, fear and internal problems; Save money (How much do you think the budget for
“seguretat ciutadana” in Catalonia is?1200 million); Address community problems; Improve
transparency and accountability; Increase satisfaction and accountability

Measurement and classification

Measurement and classification of crime cannot be taken for granted. There is little transparency
about the reliability of crime data. The easiest crime to count is Homicide.
*England and Wales is one of most reliable in world: crime counting rules, internal audits.
Measurement and classification of crime cannot be taken for granted
Crime data is used more than ever before due to: Information technology; police performance
evaluations; evidence about crime patterns is more precise than ever (e.g. Hate crim info published by
Spanish Home Office); It can be used to prevent crimes – warning/protecting likely victims.
But it is not regularly used to its full potential. There is a need for crime analysts also missing data
should remain stable for accurate trends. Who could make a good crime analyst?

Prediction
Important product of measurement:
Where and when will crime occur? But if measurement is inaccurate, prediction will be inaccurate.
Or if measurement is biased, prediction will be biased.
Crime concentration:
▹ Micro-level hot spots, e.g., clusters of addresses, street corners, street segments
▹ Repeat victimization
▹ Repeat offenders and most serious offenders, e.g., RISCANVI, Violent Offender Identification
Directive (VOID) tool
▹ Weather forecasts for allocating police resources

Theories of causation
More accurate prediction can allow development of more accurate theories about why crime
concentrates where it does.
• Crime patterns
• Crime precipitators
• Arrest incapacitation effect or not?
• Deterrence effects of policing?
· Broken windows policing
• Displacement or not? Most evidence shows lack of displacement to other areas or at least
displacement lower than the overall reduction “Does policing crime hot spots inevitably produce
crime displacement effects? No. Overall, it is more likely that hot spots policing generates crime
control benefits that diffuse into the areas immediately surrounding the targeted locations than
displacing crime into nearby locations.”

Police and crime correlation: Police cause crime! Or do they?

More detection, focusing on a sort of crime, more resources in a type of crime…
* So police resources are focusing and interventing in a type of crimes

What works: cost effectiveness of crime control

The best research design for testing cost effectiveness are experiments

Randomized control trial

Policy or intervention A causes a different effect from policy or intervention B or no intervention
Victims, offenders, locations or criminal investigations. Control and treatment groups

Randomized control trial examples:

Increased police patrols in 50 areas and not in 50 others. You can test displacement, number of minutes required
to make a difference, time of day increase is more effective. You can calculate cost of police hours vs. reduction
in crime

“Intensive training in procedural justice (PJ) can lead to more procedurally just behavior and less disrespectful
treatment of people at high-crime places”
40 crime hot spots in 3 cities randomly assigned to treatment and control.
Officers in each city matched on characteristics and assigned to treatment and control.
Treatments = training and amount of time trained officers spent in HS
Measurements:
• Systematic social observations of police-citizen interactions - better
• Less arrests
• Citizen survey in the hot spot aereas – less police violence
• Less crime
Quasi-experimental designs and natural experiments
When RCTs are not possible, sometimes more favourable to policy under evaluation
Meta analysis and systematic reviews
- Meta analysis use statistical techniques but may not capture all research
- Systematic reviews should capture all research but may not use statistical comparisons

Where can we find systematic reviews on what works in policing? Campbell collaboration

Evaluating police practices

▷ Standard model of policing:
◦ Random preventive patrols
◦ Rapid response to requests
◦ Criminal investigation https://admin.sli.do/event/ddcQyV47dv6VwKCLN2vEdH/polls
◦ Customised policing: Focussed strategies depending on context

Models
Random preventive patrols
▹ More patrol presence tends to reduce certain
types of crime in short term
▹ But marginal differences are hard to measure
▹ More important where and when
▹ Random patrols vs. concentrated
▹ “Random or reactive patrols, which involve
officers patrolling places regardless of the crime
rate or passing an area on route to attending a
call from the public, have been shown to have
no crime reduction effect.” (Sherman and Eck,
2002; Weisburd and Eck, 2004)
▹ It’s an expensive strategy so needs cost-
effectiveness evaluations
Rapid response to calls
▹ Citizen delay impedes many benefits of rapid
response
▹ But it’s still a politically popular strategy and
efficient to certain crimes.
▹ “Reforçar la capacitat reactiva de les patrulles,
tant en àmbits territorials com sectorial”
(Barcelona Pla Segura, 2020)
▹ Some police forces now offer non-emergency
numbers
▹ Differential police response has also shown
that rapid response strategies can be reduced
without reductions in citizen satisfaction
▹ Being able to deliver is important to
satisfaction”

Criminal investigation by detectives Arrests

▹ Rates of solving crime are low ▹ Arrests can sometimes have negative effects.
▹ Resolution often depends on information But community seems to like it because is a
provided at the beginning of cases by victims, good strategy to reduce crime.
witnesses and other evidence ▹ But it depends on crime and offender
▹ Solvability factors can be analysed to avoid ▹ General vs. specific deterrence
wasting detective time ▹ Not making arrests may lower general
▹ But some forces only use an economic deterrence, but in some cases making arrests
threshold and don’t investigate some categories may produce worse outcomes in the long term.
of crime
▹ Developments can improve solvability, e.g.,
DNA (but for specific crime). But other
strategies decrease it, e.g., batch photos
(presentar 6 personas para identificar por cóm es
físicamente)
 ▷ Customized model of policing
◦ Supplement not substitute. Focus existing elements and add additional elements
◦ Importance of evidence base to avoid ineffective policy, e.g., DARE (even this wasn’t successful, in
addition it has a boomerang effect; they do the opposite no means yes)
◦ Focus doesn’t automatically work
Models
Problem oriented policing Hot spots policing Restorative policing
“Identify and manage specific patterns Policing in high crime and disorder Restorative justice conferences instead
of crime and disorder” micro spaces. Patrols, stop and of deterrence and incapacitation
▹ Based on identifying common search, property searches,
offenders, victims, locations, times, situational prevention. Additional Trained police officer facilitates
etc. police resources in hot spots almost discussion between offender and victim
▹ What causes these incidents and, always reduces crime in and family
therefore, how to react. comparison to areas without ◦ Phase one: the facts
▹ Various RCTs increased resources ◦ Phase two: the consequences
▹ Can work on a wide range of “Hot spots policing is associated ◦ Phase three: repair and avoid repeat
problems: with small but meaningful - Strong evidence of cost-benefit
https://popcenter.asu.edu/pop-guides reductions in crime at locations
▹ Problem-oriented policing reduce where criminal activities are most
crime and disorder. The results of this concentrated”
updated systematic review suggest that
POP is associated with a statistically
significant overall reduction in crime
and disorder of 34%.

Focussed deterrence Police crackdowns Compstat

▹ High-rate offenders – crime
concentrated in people
▹ “Combine law enforcement,
community mobilisation, and social
services in an attempt to reduce
offending behaviour for specific crime
types.”
▹ Evidence suggests they reduce crime
▹ Especially for gangs
▹ No significant displacement effects
found
“Short-term intensification of
Consists of regular face-to-face
police surveillance and arrests” performance meetings that involve
▹ Evidence shows short-term comparing statistics (for example,
effects but decay of improvementscrime trends, patterns, and hot spot
maps) and holding police leaders to
“Policing disorder through account for the delivery of crime
community and problem-solving is reduction strategies in their area”
associated with reductions in (College of policing)
crime. Aggressive, order
maintenance approaches are not ▹ Strategy for coordinating focussed
effective.” methods and managing police resources
 Customized model of policing: ▹ Local evidence of crime patterns
▹ No clear evidence and may create
problematic police culture with regards to
recording crime.

Police demand for knowledge

Science-led policing. Scientists funded by government and foundations conduct research and publish
results
• Problems for connecting research with practice:
- Police don’t set the research agenda
- They control access
- They don’t have a profit motive
• Police-led science
• Police officers trained to do research in collaboration with criminologists and statisticians
• Police officers can be encouraged to be inventive
• Prestige could be an incentive, as well as salary incentives or research grants
Cybercrime

Page: Internet Live Stats, to highlighted the amount of the communication and information
(+interaction more than usual and real conversation)
Also internet banking users are increasing.

These interactions create a challenging to crime policy (they have to adapt). More than half of all
crimes are made with technology.

Rapid social and technological changes= changes in criminal opportunities

examples of cyber attacks.

DDoS attacks aim to flood online services with massive amounts of internet traffic, so that they
become unavailable to their legitimate users (Moneva et al. 2022). Connected Malware which sends a
lot of information and collapses it.
example. ataque DDos contra el Banco de España
Ransomware is a type of malicious software, or malware, that prevents you from accessing your
computer files, systems, or networks and demands you pay a ransom for their return (FBI, n.d.).
The concept Ransomware is when somebody pays a kidnapping to liberate the victim (pay to
liberate).
example. Ciberataque en la Autónoma de Barcelona. Imposibilidad de usar su página, correos…
Data breaches Data leaked. Where someone enter to the system and steal the data.
example. Facebook Security Breach exposes 50 million users bank accounts.

Cyberespionage
example. Pegasus to spy

Cyberwarfare Attacking or blocking systems

example. Data wiper deployed in cyber-attacks targeting Ukraine systems.

Fraud
example. Ciberestafas como las criptomonedas

Content cybercrime Sharing explicit or illegal content

example. Child pornography

Importance of the concept of cybercrime

“…any crime in which ICTs play a determining role in the commission of the crime…” (Miró Llinares,
2012) Internet determining role (essential without that the crime is not possible)
“Any criminal activity that takes place within or by using electronic communication networks such as the
internet” (Jewkes & Yar, 2010) Any activity and then use networks (like theft a phone and then use the
online bank account)

*S. Kremp likes the first definition better. The first and final step is using the internet (central role) to
commit a cybercrime. The differences relevant for measurement and for the design of crime policy.

“…crime and deviance cannot always be strictly separated in criminological inquiry…”

That means that deviance is not necessarily an illegal scene (a crime).
example. cyberbullying isn’t really a criminal activity.

Cyber deviance → Vandalism like trolling is not actual a criminal activity

Although it can be considered trolling like the president of Spain.

Types of cybercrime. Source: Payne (2020)

Cybercrime categories

► (McGuire & Dowling, 2013)

▹ Cyber-dependent crime
▹ Cyber-enabled crime

►(Miró-Llinares, 2012)
▹ Pure cybercrime: without Internet this crimes don’t exist ex. ransomware, hackers, DDoS
▹ Replica cybercrime: crime existed before but facilitated with Internet
ex. cyberbullying, revengeporn, sharing nudes, cyberfraud
▹ Content cybercrime: interaction within internet ex. pornography
 ► (European Commission, n.d)
▹ Crimes specific to the internet
▹ Online fraud and forgery
▹ Illegal online content

► (Miró-Llinares, 2012) According to motive and context: what aims

▹ Economic ex. against Bank of Spain, competitive markets
▹ Social ex. famous company Facebook, Autònoma Barcelona. Most of Content Cybercrime
▹ Political ex. against a government

► (Wall, 2001) In legal categories:

▹ Cyber-trespass: illegal entrance in somebody property
▹ Cyber-deceptions and thefts
▹ Cyber-pornografy
▹ Cyber-violence

Concept of cybercriminal.
Nowadays have a highlighted the professionalism of cyber offenders and the anonymity of them but
the reality are that anyone can be an offender.

techniques do cybercriminals use:

– By yourself. There exists a website carbino club: a page where you can copy or learn how to
commit cybercrimes.
– Pay another to do it. Buy attacks. Like Dream Market: sells a fraud kit, for example, and then they
give you all the programs and keys you need to deet.
But not easy to do.

Surface Web: Wikipedia, google, bing

Deep Web: academic information, medical records, legal documents, scientific reports, subscription
information, multilingual databases, conference proceedings, government resources, competitor websites,
organization.specific repositories

*Dark Web: Illegal information, drug-trafficking sities, TOP-Encrypted sites, private communications.
Different area. Special browser called tor. To avoid and encrypt traffic.
example.
Banking malware carbanak/cobalt. Attacking one person who works in the bank by sending an email and the
can enter in the main server.
Then starts to work the computer very very slowly you call the IT department, able to have the main server.
 by EUROPOL

jjjjjjjjjjjjjjjjj
▷Pure cyberattacks
Hacking: when the attacker remotely accesses a computer system or device without authorisation
from the owner or administrator

➪ Malware (malicious software) infections and other forms of sabotage. Often a phase of an attack.
E.g., worms, trojans, botnet, ransomware, DDoS (Distributed denial of service attacks)…

Hackers vs. cybercriminals

White-hat hackers (not criminal ones) vs. black-hat hackers (the criminal ones)
*The concept of hackers annoys the hacker community. Because not all hackers aren’t criminals.
There are some that try to protect.

▷ Data breaches
Information about people and organizations. This information can be found or bought on the darkweb.
A lot of our information is online. https://haveibeenpwned.com/ page to know if you've been pwned.

➪Phishing = employs both social engineering and technical subterfuge to steal consumers’ personal
identity data and financial account credentials. (Anti-Phishing Working Group, n.d)
➪Spoofing: Mail spoofing, IP spoofing, DNS spoofing, Web spoofing

▷ Cyber-enabled crimes or replica cybercrime

Internet is the new via to commit an offence that was previously committed via other means.

➪ Identity theft
➪The acquisition and use of the person's personal data such as name, ID number, etc., to commit
fraud or participate in other illegal activities such as money laundering.
➪ Cyberfraud and scams. Types:
- Bank card frauds
- Investment fraud
- Online sales fraud
- Frauds related to work, rental, lotteries, etc.
- Business email compromise
- Romance fraud: (Whitty, 2013): Fake profile creating on dating sites with stolen photos and
card details Wait for someone to contact. Type of profile do they use to attract:
1. Attempt to move communication off the website
2. Take only by chat or call without video
3. Declare love
4. Convie you to send money to help with, for example, a family member's illness or problems
with work or ask for money to meet in person
Persuasion techniques to induce errors in decision making:
System 1: instinctive emotional
System 2: deliberative, logical, thinking
They try to active system 1 but they also send signals to make system 2 believe the situation
cognitive dissonance

▷Vishing (not treated in class)

➪ Spoofing https://www.spoofcard.com/ A page to protect calls, voicemails and texts.
example of a case. Voice elicitation of data, able to gain access to his complete mobile account
locking him out in the process.

▷ Digital identity and social cybercrime

example case of Amanda Todd. Víctima de un pederasta y de sus compañeros de instituto (sharing
nudes).
Policing Cybercrime (Holt, 2021; Steinmetz & Yar, 2019)

Typical objectives and tasks of the police

▹ Prevent crime
▹ Maintain public order (in a broad sense)
▹ Detect and investigate crimes
▹ Provide information, advice, help, etc.
▹ Work with communities to address the causes of crime

= increasing demand and limited resources

What are the consequences of this for the police response to cybercrime? Is it a priority for the police?
Consequences in physical scence have more impact social like arresting a murder and a trafficing
dealer. Police priority is to show that they can do something positive to society safe through typical
objectives and tasks.

Factors that limit the ability of the police to respond to cybercrime

• Low reporting
• Transnationality: legislation limits of victim and offender space
• Lack of knowledge and resources: specialized units but with limited resources.
• Digital forensics: officers unprepared to collect, process and store evidence. Even many crimes that
are not “cybercrime” use ICTs
• Traditional police culture: limited openness to change also lack of new formations.
• Officer burnout: a lot of work for them

Situational prevention and policing cybercrime

Situational crime prevention: Combines ideas from rational choice theory, routine activities theory,
and crime pattern theories. Offenders are active thinkers who decide to engage in criminal behaviour
based on perceived benefits and costs and environmental factors.
Basic idea = human behaviour can be influenced to reduce the probability of delinquency or deviance.

►Situational prevention measures applied to cybercrime

▸ Reduce area of impact

○ Don’t introduce targets

e.g. don’t share sensitive data, privacy extensions, parental control apps, safety by design (default
settings is not always the best prevention because companies want more information)
○ Identify areas of risk
e.g., awareness raising and training
○ Importance of users to limit risks
○ Not safety by design:
ex of safety by design Apple Airtags a perfect tool for stalking (shows you where are you) or can hack
childs toys that have bluethoot incorporate on it.
 What characteristics should awareness-raising campaigns and training have?
Protection motivation theory Investigating and comparing the predictors of the intention towards
taking security measures against malware, scams and cybercrime in general. Development on how to
create a design program with the basis of health.

▹Warnings and awareness-raising: ▹ Training and education: ▹ Mindfulness for human phishing
prevention:
Fear is not very effective at changing More effective at changing
behaviour by itself. General warnings • Are they asking for sensitive/personal
behaviour than warnings, but
are not very effective, it’s better with information?
depends on many factors
recommendations • Is there time pressure?
example Long texts are not effective – • Does it make sense?
visual is better • Why would they need me to do this?
When the website have https (with a s)
more secure, http (without s) more It’s more important to educate But education will always have
insecure. The attackers comenzaron a on ‘critical thinking’ than only limitations and we can all be susceptible
usar https porque las políticas se rules at some point
enfocaron en http. Por lo que aumentó
los ataques con webs con https.

▸ Increase the effort

○ Control system access e.g. passwords, authorizations, firewall

○ Detect and impede attacks e.g. antivirus on all devices, analysis of user activity, bank control
abnormal transaction
○ Remove transgressor e.g. La policía detiene a 12 pedófilos y cierra una web de pornografía infantil
○ Control facilitators e.g. security obligations for internet service providers

▸ Increase the risk

○ Increase guardians e.g. Facebook Community Standards

○ Reduce anonymity e.g. obligatory registration with a mobile number
○ Strengthen formal control e.g. Europol
○ Facilitate surveillance e.g. design systems that facilitate surveillance, put computers in open spaces

▸ Reduce benefits

○ Hide or displace targets e.g. external drive (almacenamiento)

○ Confiscate benefits e.g. Two arrested for alleged conspiracy to launder $4.5 billion in Stolen
Cryptocurrency
○ Disrupt criminal markets e.g. Netflix and spotify for digital piracy

Lack of evidence for the category of reducing provocations and cybercrime (Holt & Bossler, 2016;
Miró-Llinares, 2012):
- Combine with eliminate excuses
- Add the category ‘reduce area of impact’

▸ Eliminate excuses

○ Establish laws e.g. Título X Delitos contra la intimidad, el derecho a la propia imagen y la
inviolabilidad del domicilio.
○ Publish rules, e.g. rules about permitted contents of usage
○ Strengthen moral conscience (Serious consequences for cybercrime victims)
○ Facilitate conformity (como el secuestro, obtienen información pero lo obtienen a cambio de
obtener dinero) e.g. white hat bounty(compensations) hackers become millionaires

Examples. What types of measures do you think are most relevant to prevent…
- Social cybercrime, such as cyberstalking → reduce are of impact like the user no uploading
certain information, reducing anonimity (reduce nicknames), increasing control, limitation use
for kids.
- Economic cybercrime, such as fraud → increase the effort like stronger password, increasing
resources to detect the comission of crime
- Political cybercrime, such as DDoS attacks? → Antivirus to detect attacks, eliminate excuses like
laws

Dark figure of crime:

 Low reporting of cybercrime
• Lack of knowledge of victimization or that
it constitutes a crime
• Don’t know where and how to report
• The costs of reporting
• Report not necessary to recover losses
• Lack of confidence in the capacity of the
police and criminal justice system
• Shame or reputational worries
• Not wanting to share history or give police
access to systems or information
• Preference for a private system of
prevention and reaction
Consequences of the dark figure of crime
• Lack of knowledge of current threats:
where, how, when, who?
“cada vez más frecuente que estas
actividades se realicen por grupos u
organizaciones criminales” (Fiscal General
→ del Estado, 2020)
• Lack of knowledge of efficacy of
interventions
• Impedes criminal justice response
• Inefficient use of scarce resources
• Insufficient prevention and reaction: very
limited dissuasion by criminal justice system

*How do they try to respond to the problem of the transnationality of cybercrime? Cooperation but
difficult caused by language, police cultures, resource asymmetries and legal pluralism

How do they deal with the problem of resources? Finite resources and complicated forensic
investigations, therefore selective responses based on severity: 'de minimis non curat lex'1.
Issues?
- Possible lack of awareness of severity e.g. identity theft or sexual harassment
- Financial and technological constraints can make law enforcement focus on easy
opportunities, e.g. mules

Typology of actors that have a role in policing online places (Holt, 2021)

➪ Internet users and user groups

Due to the immense number of places and interactions, users are the largest group that regulate and
maintain order online.
Some of the most important user roles regarding policing:
· Report to the police and other authorities and institutions
· Sharing information about fraudulent sellers and websites

There are also vigilante groups, for example scam baiters like 419eater, or activist groups like
Anonymous:
- They try to make scammers waste their time
- Respond to acts that threaten or offend their beliefs
- They attack groups that carry out malicious activities, e.g. child pornography, terrorist
propaganda, or governments or groups they believe have caused harm

➪ Security managers in virtual environments

Individuals with responsibilities for managing behaviour. For example, moderators in forums to
ensure standards are met. They can delete comments or block repeat offenders ex. Reddit.

➪ Network infrastructure and online service providers

1 La ley no se ocupa de los asuntos intrascendentes'

Internet service providers (ISPs) provide connectivity and hosting services. The first connection point
and a traffic route. Stipulate conditions to use their services (Fair Use Policy) and set out
responsibilities for sensitive information. But normally users do not read the details of the agreements
ISPs are an important source of evidence, e.g. information related to an IP
They must comply with regulations relevant to the facilitation or hosting of illicit material, e.g. child
pornography

In some countries they participate in internet censorship. Includes, for example, mandatory risk
assessment and risk mitigation measures or clear reporting obligations

➪ Cybersecurity departments and companies

Manage internal infrastructure and external services to protect and comply with legal standards. The
resources and the management model depend on the size and sector: SMEs more external, large
companies internal. Large companies also have to take into account internal threats
Greater privatization of cybersecurity compared to traditional security (Button, 2019)
They help monitor the use of company services:
– Prevent payments related to child pornography, transactions that are part of a scam, block dangerous
users, etc.
– They can respond to user complaints
– Interact with law enforcement in their investigations

➪ Private cybersecurity
Some of the potential problems with a
more privatised model of policing cybercrime:
→ Blaming the victim: responsible for protection
→ Private sector objectives
- Customer data
- Information of significant political value
→ Accountability (rendición de cuentas) is much harder to control it when is applied to private
companies.
→ Equality

• In 2021, China-nexus actors emerged as the leader in vulnerability exploitation and shifted tactics to
increasingly targeting internet-facing devices and services like Microsoft Exchange.
• Russia-nexus adversary COZY BEAR expands its targeting of IT to cloud service providers in order
to exploit trusted relationships and gain access to additional targets through lateral movement.
Additionally, FANCY BEAR increases the use of credential-harvesting tactics, including both large-
scale scanning techniques and victim-tailored phishing websites.
• The Democratic People’s Republic of Korea (DPRK) targeted cryptocurrencyrelated entities in an
effort to maintain illicit revenue generation during economic disruptions caused by the COVID-19
pandemic.”

➪ NGOs
Mainly collect and share information to help the police and victims and raise awareness
For example, Internet Watch Foundation fights child sexual abuse online, Center for Countering
Digital Hate…

➪ Non-police public authorities

They establish and supervise sectoral standards, for example, in data protection, cybersecurity in key
industries, device security. They can fine in cases of non-compliance and notify the police ex. AEPD

Some countries use these organizations to filter and minimize Internet access ex. Cyberspace
Administration of China
Defence and national security organizations are also involved in policing some types of cybercrime

➪ Police
Each country has a different police structure, for example, local, regional and national police. Police
responses may be poorly unified across levels of the police

Local police usually respond to more traditional problems and have a minor role in cybercrime
policing, though they are usually first contact with citizens. Studies find evidence of victim blaming
in local police forces. Cybercrime does have an important local component.

Regional or national bodies can support local ones. The national police usually investigate the most
serious cases and transnational cases, for example, Guardia Civil, UK National Crime Agency…

White-collar crime and corporate crime

Concept
“a crime committed by a person of respectability and high social status in the course of his
occupation” (Sutherland, 1983, p. 7)
“Crimes within and by businesses and organisations” (Newburn, 2007, p. 372)

Examples. Shakira to evade taxes, Volkswagen company, political parties

Categorisation of white-collar crime (Croal, 2001):

○ Theft at work
○ Fraud
○ Corruption e.g., bribery
○ Employment offences
○ Food offences
○ Environmental crime
○ Consumer offences e.g., price fixing
Fraud. Intentionally and knowingly deceiving the victim by misrepresenting, concealing, or omitting
facts about promised goods, services, or other benefits and consequences that are nonexistent,
unnecessary, never intended to be provided, or deliberately distorted for the purpose of monetary gain
(Beals et al., 2015)
Examples. Financial statement fraud, procurement fraud, payment fraud, tax fraud…

Characteristics distinguishes WCC and CC from other forms of crime (Croal, 2001; Newburn, 2007):
Less visibility; legitimate presence; abuse of trust; insider specialist knowledge; complex offences;
often no direct victim; ambiguous legal and criminal status of the acts: political and powerful interests

Why do people commit white-collar crime and corporate crime?

►Maximisation (Robinson & Murphy, 2008)
- Combines ideas from Differential Association Theory, Anomie Theory, and Neutralization
Techniques
- Infinite nature of goals; institutionalisation of goals and insufficiency of legitimate means.
- Business culture encourages deviance to maximise profits, provides justifications for deviance,
teaches how to commit crime and provides opportunities.
- Both combined use of legitimate and illegitimate means

► Neutralisation (Heath, 2008)

Why do individuals who would not normally commit crime are able to rationalise, justify and
participate. 3 folk theories:
- “that criminals suffer some defect of character” ordinary
- “they suffer from an excess of greed” loss aversion
- “they don’t know right from wrong.” no disagreement
Neutralisation techniques learnt in context of market, organization and subcultures: criminogenic
organisations.

→ Denial of responsibility: unintentional, ‘no choice’, unable to think clearly

→ Denial of injury: no harm to victim
→ Denial of the victim: the victim deserved it
→ Condemnation of the condemners: unfair treatment, the others are worse
→ Appeal to higher loyalties: moral obligation, loyalty
→ Everyone else is doing it: unreasonable to expect compliance
→ Claim to entitlement within his rights
The Fraud Triangle (Cressey, 1953)

Pressure: Inability to pay bills, drug or gambling addiction, investor

confidence, work targets, status.

Opportunity to commit abuse of trust and to keep it secret.

Rationalization – neutralization. ex. they might deny the

responsability, ‘everybody does it’…
So what does this mean for crime policy? How can crime policy deal with opportunity,
rationalization, and pressure? More control of the big companies, making people responsible for the
employee’s crimes, enforcing law, making laws, raise an awareness.

Crime policy actors in Spain

• Spanish criminal justice system
• Non-criminal justice system actors in Spain: Tax Administration; Comisión Nacional del Mercado
de Valores; Catalan Antifraud Office; Transparencia Internacional España; Xnet; Observatorio de
Responsabilidad Social Corporativa; Facua is the biggest consumer. In this, all people are reflected
and every individual tries to find responsibility.
Has the resources and the experience to investigate that. Is the institution responsible for overseeing
the situation of the crimes’ country

International organizations, standards and legislation

• US Patriot Act
• Foreign Corrupt Practices Act
• Sarbanes-Oxley Act 2002
• OECD Convention on Combating Bribery of Foreign Public Officials in International Business
Transactions; and, Guidelines for Multinational Enterprises.
• UK Bribery Act 2010
• Sapin II Law, France
• Financial Action Task Force recommendations.
• European Anti-fraud Office – OLAF.
• ISO 19600 Compliance Management Systems; ISO 37001 Anti-Bribery

Top 10 FCPA Sanctions

Top 1. Goldman Sachs Group Inc. (US) 3.3$ billion in 2020

White-collar and corporate crime policy

Corporate crime and white-collar crime causes more economic damage than street crime.
Organizations intentionally break the rules and cause harm to employees, consumers, citizens and the
environment. But the response to traditional street crime is more likely to based on criminal law in
comparison to WCC and CC:
WCC and CC policy often involves informing, persuading, administrative sanctions, and different
forms of self-regulation.

e.g. Spanish criminal code: art. 234 vs. art. 305

234, is the hurto (and is punish with prison between 6 and 18 months), this article punishes if the thief
thing if it’s more than 400€
305, is defrauder to Hacienda, and is punished with prison between 1 and 5 years, and fine
multiplicated by x6 of the defraud quantity. This article punishes if the defrauder is 120.000€ or more.
 sanction like this
1. Economic and political culture and the power of big companies
2. Complexities of the criminal process

Political economy and cultural role of whitecollar crime

- Power of big business
- Costs of criminal law enforcement: "too big to fail"
- Deregulation of the "self-regulating" markets
- "Legitimate" business objectives
- Less immoral individuals

The relationship between private sector and executive and legislative branches of government
Bank debts (€127 million in Spain)
Revolving doors https://www.inventati.org/puertasgiratorias/

Plea bargains and deferred prosecution agreements

• DPA in WCC and CC cases.
• Frequent plea bargains in cases involving individuals.
• Superficial application of the law – “too big to fail”.
• Inequality is manifested in the use of jail, probation, pardons: "too big to jail".
• Advantages for administration: revenue and avoidance of costly criminal prosecution.
• Advantages for offender: avoid higher penalty and stigma of criminal sanction or jail, no admission
of guilt, no news generation.

*What does this mean for deterrence? Prevention general positive, the sanctions are not so big
*And rehabilitation? In Spain there is a project for rehabilitation of economic offenders.

What works to deter WCC and CC

Deterrence and the norms:
- Changes in laws: no clear conclusions.
- Punitive sanctions: small effect, insufficient evidence.
- Regulatory policy (e.g., inspections, or increased regulation): deterrent effect, especially in
relation to inspections and regulatory interventions
- Multiple interventions: clear deterrent effect.
Spain is the country with less Hacienda’s inspectors in Europe.
Situational Prevention
➪ First analyse what to prevent: Risk analysis. Probability of an offence occurring and impact if it
does
➪ To calculate probability, you can take into account, for example:
– Sector, country and type of operations
– Offence risks that have materialized in the past
– Frequency of the activity in which there is a risk of offending.
– Number of people who have the ability and means to create a risk.

What types of crimes constitute the greatest probability of crime risk for your company?

Increase the efforts Increase the risks

▹ Supervisory controls. ▹ Audit
 - Physical safeguards: control on access, passwords - Many scandals have involved poor or fraudulent
- Impose authorisations: 4 eyes auditing e.g. Barings or Enron.
- Segregation of duties: procurement decisions - Internal and external.
▹ Pre-employment screening and contractor due diligence - Independence? S&P, Moody’s in lead up to financial
Increase reinforcement. The decision to give the security of the crisis
enterprise is not the decision of one person, it is a group of ▹ Whistleblowing hotline or ethics hotline – tip is means by
people. which most frauds are detected 43% (ACFE, 2020)
- For employees and suppliers and other associates
- Promote whistleblowing.
▹ Transparency
▹ Gifts and hospitality register
▹ Tests: Integrity tests
▹Data analysis of transactions, payments of invoices and salaries
▹ Data analysis of behaviours: Monitor staff emails, telephone
calls, etc. e.g. Benford’s law

Reduce the rewards Reduce provocations

▹ Transaction limits. ▹ Fair salary/conditions/treatment
▹ Sanctions civil, regulatory, criminal, disciplinary. ▹ Proportional bonus
▹ Publicise sanctions: training, newsletters, media. ▹ Realistic targets
▹ Neutralise peer pressure
▹ Hiring and promotion

Remove excuses
▹ Clear legislation and regulation
▹ Creation of an ethical culture: all members share similar
ways of thinking, feeling, and acting at work.
▹ Code of conduct and codes for ethics:
- Completed with specific company policy
instruments
- Publicity
- Training: inform about rules and regulations,
transmit values, encourage dialogue about
compliance or ethics problems. Include
introduction training.
- Tone at the top: all levels of the company
- Assist compliance: employee support
programmes
- Includes ethical behaviour in criteria for hiring
and promotion
- Metrics

Exercise in class (what crime is the most committed by this companies)

Amazon: workers exploitation, taxes, environmental, transportation
Inditex: copy other brands and exploitation of children
Apple: rob identity, financial statement, bad conditions of the employees
Microsoft: rob identity

Ethical blindness case study

Panalba drug developed by Upjohn (Pfizer) in late 50’s. Combination of antibiotics in one pill
Made a lot of money, e.g., in 1968 equivalent of $130 million (12% Upjohn’s revenue)
Problem: it didn’t work and was dangerous!
FDA started to investigate
Response from Upjohn: Injunction, fight in court even though they knew it was true. After 2 years it was
withdrawn in US but they kept selling overseas

What do students from business schools do in roleplays? (Armstrong, 1977) 79% do the same
What about theology students? (Darley and Batson, 1973). Students of Theology at Princeton were told go to
the other side of campus for a presentation.
· Some were told they were late
· Some were told they’d arrive on time if they left now
· Others were told they had plenty of time

On the way there was a person pretending to be in need of urgent help. What did the students do?
a) 10% stopped to help
b) 45%
c) 63%

What does this have to do with white-collar and corporate crime policy

Drug-related crime and violence

Goldstein’s (1985) categorisation

1. Psychopharmacological crime. Vinculation with aggressivity
2. Economic-compulsive crime. To buy those drugs addition
3. Systemic crime. Realted to drug markets. Discrups with organization groups (battle of territory and
clients), dealers…

Which is related to more crime? What about alcohol?

Probably the second and third one (causes more high level of crime like money laundry,
corruption…).
Alcohol is legal drug more vinculated to agressive crimes, more than marihuana for example. In a
western country, USA when they prohibited alcohol increases systemic crime, more benefices to
crime organizations.

Drug-crime connections
○ Drug involvement is pervasive amongst criminals
○ Not all drug-related crime is caused by drugs
○ Drugs laws cause drug-related crime

In short: Drugs and drug policies can cause crime

Also, drugs cause crime that’s not directly drug related, e.g., psychosis (long term abuse of drugs),
steroids, more firearms in circulation, law enforcement resources.

*Depends on drug type

Contextual factors can influence drug-crime connections:
• Price. If it is very expensive, consumers or addicts need more money then they commit more
economic-compulsive crime. If the price goes up they may think quality of drug is better than
cheapers one.

• Search time and availability

• Epidemic stage ex.opioid

• Culture of violence and guns. More related of the difficulty to get it, less drug-crime commission.

• Geography. More drug trafficking in Spain cause is near to Africa (enter to Europe). Physical harder
to Scotland for example.

• Legal income

What drug crime policy approaches exist?

Criminalization and decriminalized users
Regulation ex. increase tax

▹Video 1 questions:
War on drugs. Law enforcement, criminalizing drug users and related crimes problems.
1 trillion dollars
President Nixon, President Reagan. President Bush.

Has it been successful? Failed and also generated negative effects. However the media and authorities
makes to show as successful. Preventing access was considered good but not sufficient.
Making illegal drugs, higher prices,
Those didn't make an effect, in fact nowadays is increasing the consum.
Drug policy transforms the incarceration system: having a record causes less education and work
opportunities. Affects even with an inmate who just committed a low level drug crime as position. But
especially racial decrimination.
Mass incarceration: Cost per inmate 182 billion dollars every year

They justify those actions for moral and political thoughts. Good guys vs Bad guys.

▹Video 2 questions:
• What’s one of the main driver’s of the opioid crisis in the USA
North american opiod crisis → more overdoses than gunshots
to a national problem to an epidemic
Pharmacologists and doctors convince and pression the use of opioid (quit pain), market leaders
confirm prescriptions because of interest of the huge economic benefices making increase the
addiction through pacients. (dependts of this ‘medicine’). Focusing native americans to use opioids
and they say this pills don’t cause addition linking white-collar crime and corporate crime policy.
Telling different composition of the medicine and prescripiting in any pain.

· abstinent, doesn’t really deal with the need of the body

· substituting addition quit craving of this addition
naloxone or narcan antidote to opioids overdose

Fentanyl complicates drug crime policy. More toxic than morphine and more easy to import. with the
pandemix increases these crisis even worse

▹Video 3 questions:
Portugal’s approach to drug crime
Decriminalization: with possession of drugs
it decreases the number of users 100000 in 2001 to
less 25000 n 2019. Fewer overdoses
*Uruguay first country to legalize recreative
marijuana in 2014. Public health case if is a
consumer are begining to have an addiction.
Philippines approach to drug crime
Criminalized: Death squads, kill people who are
related in some way to drugs.
Massive immates
Police leader of enforcement against drug-crimes:
afirms that no have efficacy.
foreign cartels corruption and native dealers and
organizations have much power

Drug crime policy

Legalization and regulation
More complex than it seems: Great reduction in drug-related crime but more widespread use, e.g.,
tobacco, alcohol
Marijuana legalization would free up police but probably not greatly affect prison rates: It might
substitute some alcohol use; Reduced price of hard drugs = increased use; Taxation to maintain high
prices is unrealistic; Legalization can involve strict regulations, like some pharmaceuticals

Decriminalization
• Eliminating or reducing criminal penalties for possession
• Little effect on enforcement risk for producers or suppliers
• Reduced risk for users = more demand
• More demand without more supply = higher prices = greater economic-compulsive crime and
systemic crime
• Unlikely to reduce prison rates, but may reduce other effects of a criminal record

Demand control Standard Treatment

• Treatment may not always be highly effective, but costs are smaller than crime costs
• A small amount of effective for high-rate offenders who use certain hard drugs is cost effective
• Evidence shows opiate substitution treatments have been found to be quite effective
• But there has to be demand for treatment

Coerced Treatment
Like in Spain with suspended prison sentences for drug addicts
The incentive is often not sufficient. Budget constraints often limit treatment to low intensity
outpatient programmes. Drug courts can oversee compliance, but are not widely available

Prevention
Awareness-raising in schools and mass media.
Results from studies on effectiveness are not positive, some have made things worse (Streisand
Effect), some have no effect, some only have a short-term effect

Supply control
• The majority of drug control spending goes on supply control
• Reduces supply but may increase spending = maybe more crime
• Studies show most cost-effective interventions are against highlevel actors in final market country
• Low-level dealers and destroyed drugs are easy to replace
• But high-level actors are also relatively easy: where there’s demand there will be supply
• And incarcerations impedes reinsertion
• Little evidence that increased sanctions deter

More promising approaches

• Coerced or mandated abstinence (with treatment)
• Focussed crackdowns on flagrant drug markets, which generates greatest social harm: turn them to
low activity areas
• Two-tiered toughness: detect dealers that are violent, employ juveniles, or corrupt law enforcement
• Alcohol-control policies: alcohol contributes more to violent crime than illicit drugs so policies to
decreases excessive consumption
CONFERENCE
Què és la seguretat? - Francesc Guillén

El contingut doctrinal de la seguretat, té dos components:

*Valoració implícita: la “real”és la objectiva i la subjectiva és més fictícia → FALACIA

➪ Seguretat objectiva (Delictes, infraccions, desastres, accidents)

Delictes; Actes incívics; Desastres; Accidents. Objectivament constatats pels operadors

desde dades reals

– Delictes ocorreguts? *No, delictes coneguts
xifra negra 74% en Cat 2020
enquestes de victimització: delictes amb víctima difusa (no coneixement de lo que és legal o no)

– Interpretació dels entrevistes

– Definició prioritats operatius policials

On és patrulla amb preferència
Què és persegeueix prioritàriament

– Discrcionalitat en front line

– Els “delictes policials” són confirmatst pel poder judicial. En cas negatiu, segueixen constant com a
delictes? s’eliminen dels registres?

exemple. És un problema de seguretat cobrir-se la cara

Fa tres anys: prohibició del burka perquè dóna inseguretat
Durant la pandèmia. El perill és la cara desoberta, sense mascareta dóna inseguretat

➪ Seguretat subjectiva (percepció individual/social de la ciutadania)

gènere, edat, nivell d’ingressos (nivell de vulnerabilitat), nivell d’estudis, ideologia, experiències
prèvies, mitjans de comunicació (opinió pública), discursos polítics, confiança en l’autoritat…

La seguretat subjectiva té conseqüències reals i objectivables. Si la gent se sent insegura (fa

actuacions que no faria o deixa de dur a terme activitats que voldria fer o anar a certs llocs que voldria
anar.

Duu a terme accions que d’una altra manera que no faria:

· Quedar-se molt de temps a casa (aïllament)
· Adquisició d’instruments de seguretat passiva
· Adquisició d’instruments de defensa

La segureta és en realitat aquella situació que permet les

persones dur a terme les seves activitats habituals amb pors i
riscos raonables o assumibles pel que fa a la possibilitat d’atacs contra els seus propis béns o persona.
Les polítiques públiques tenen com a objectiu que es produeixi aquesta situació.

Problema de in/seguretat?
Depén:
→ In/seguretat funcional: causa conductes prudents. Són conscients, per exemple prevenir, tancar les
portes, finestres… Per tant, una in/seguretat positiva.
→ In/seguretat disfuncional: La que provoca conductes asocials/aïllament, com comprar armes,
conduir molt lent. Aquesta inseguretat s’ha de combatre.
 Polítiques públiques
■ Promoure la seguretat funcional

■ Intervenir per redirigir disfuncionals seguretat. Una ciutadania amb un sentit absolut de
la inseguretat és ingovernable.

■ Identificar riscos més enllà de la seguretat subjectiva

– Per combatre’ls (delinqüència organitzada)
Perquè entrin en la seguretat subjectiva (riscos: incendis, inundacions, pandèmies, etc)

L'eina: La percepció importa

Davant un esclat d’inseguretat: Ens haurem de fer les preguntes adequades per saber a què respon: la
percepció importa és una guia per analitzar i donar resposta als esclats de percepció inseguretat.

Guia per analitzar i respondre a brots de inseguretat percebuda

▷Informació sobre el fet mateix de l’expressió pública del problema

1. Quina informació tenim
Com hem rebut la notícia?
Quan es va fer l'exteriorització de la es
produeix un problema?
Quines són les queixes, demandes,
sol·licituds d'actuació del públic autoritats?
Quina és la situació general de la ciutat?
Nivell de població afectat per la brot?
Reducció de les activitats habituals?
Accions defensives o protectores?
Què diuen les dades policials?
Hi ha dades d'opinió i percepció de
seguretat?
Hi ha enquestes?
Hi ha accés gratuït addicional bases de
dades?
Hi ha persones clau?
Podem parlar amb aquesta gent?
Intervencions públiques prèvies?
2. Identificació del problema, un diagnòstic 3. Possible resposta adequada
clar
Comunicació. Temporització
Problema de seguretat en el clàssic o estricte (timing) i mesures immediates
sentit
Seguretat subjectiva molt baixa
Degradació del barri
Males relacions amb les institucions públiques
Poca comunicació de les actuacions
municipals
Problemes de convivència entre diferents
grups
Actors clau amb reivindicacions desateses
Molt vulnerable econòmicament i socialment
residents

▷ Mesures primàries
Elements o circumstàncies que necessiten prendre mesures primàries immediates:
• Mesurar el risc per a persones i béns
• Col·lectius amenaçats que requereixen immediatesa resposta
• Grau de risc per a l'ús d'espais públics.
• Falta de comunicació amb el públic insegur
• Degradació severa dels serveis públics
• Existència d'espais o llocs que podrien ser atacat immediatament

com podem fer front l’existència i nivell d’aquestst riscos:

- parlar amb les persones representatives
- parlar amb els responsables policials
 - consultar dades de registres de denúncies, queixes i suggeriments…

sempre comunicació amb el veïnat, presència institucional

a la zona

degradacions greus d’espais, violència greu o intervenció immediata, presència policial

amenaces contra col·lectius vulnerables

presència de persones o grups que inquitenen els contactar amb aquestes persones i informa al
veïnats de manera greu veïnat

informació sensacionalista, organitzada i establir missatges públics estables amb la

continuada que provoca alarma social a la zona ciutadania, dades fiables, establir canals
d’informació amb persones i grups claus

riscos per espais concrets protecció, aïllament, tancament dels espais

▷ Instruments i metodologies de
recerca
– Mapa del procediment
– Mapa d’actors clau
– Grup focal
– Etnografia
– Entrevista
– Observació
– Immersió
– Periodisme
– Marxes exploratòries

▷ Criteri de resposta
Per donar respostes cal tenir presents principis o variables rellevants: aïllament social/socialització;
desconeixement de l’altre provoca desconfiança; els carrers són més segurs si concorren diverses activitats;
efectes diversos de la presència policial; bona comunicació´institucional; presència d’òrgans púbics;
facilitar la intercomunicación entre residents; efecte negatiu d’uns espais degradats; bona il·luminació,
visibilitat, eliminació de barres arquitectòniques…

▷Seguretat subjectiva i comunicació Comunicació bona i transparent per part de l’administració que
proveeix la informació, fa desaparèixer la incertesa i evidencia la presència del poder públic fent-se
càrrec de la ciutadania. Augmenta nivells de seguretat i de confiaça

Avaluació de PPS (polítiques públiques de seguretat)

Eficiència en l’ús de recurs públic

seguretat subjectiva
delictes/infraccions
confiança/implicació del públic

activitat + impacte
 + externalitats (fets imprevistos que alteren l’impacte desitjat)
canviar activitat o afegir-li un altre
dificultat de trobar causalitat perquè hi ha molt elements i factors que incideixen

Hem portat a terme les acciones previstes

→ no; ?; (+/-) problemes
→ Sí; (+/-) problemes

Indicadors no igual a objectius

Objectius → impacte: indicadors i possibles problemes

Externalitats
○ moviments de població ex. discursos d’odi o en contra, crisi econòmica 2008.
○ conflictes ex. gestió refugiats ucraïna, siria a llarg termini (crisis), processos polítics, guerres
○ accidents/desastres ex. la padèmia COVID-19

El gestor de control no el poden controla però ho ha de tenir en compte pel impacte.

important
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Metodologies addicionals

Nivell de solució al problema

Opinió pública
Continuïtat de vida social