A Method for Organized Crime Harm Assessment: Connecting Associated Crimes
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1 Article A Method for Organized Crime Harm Downloaded from https://academic.oup.com/policing/advance-article/doi/10.1093/police/paac046/6570978 by guest on 26 June 2022 Assessment: Connecting Associated Crimes Juliana Gómez-Quintero *, Spencer Chainey and Herve Borrion Abstract The increasing call for harm-focused approaches warrants a method for assessing the harm of organized crime. A harm assessment of organized crime can be of use to law enforcement agencies for prioritizing efforts and designing policies that aim to counter organized crimes based on the harm they cause. It can also be used by other institutions that can intervene and support law enforcement indirectly in preventing and counteracting organized crime. However, assessing the harm of organized crime entails dealing with the complex structure of intertwined criminal activities and addressing the fact that organized crime groups commit other crimes to support their main criminal activity. This research introduces a novel method for Organized Crime Harm Assessment (OCHA method) and demonstrates it with the application to the case of heroin trade into and within England and Wales. The chal- lenges of applying the OCHA method are identified and discussed, as well as its limitations, contributions, and opportunities for future research. Introduction Alliance, 2019), illegal firearms, fraud, human traf- Many countries, including the UK, Australia, and ficking, and cybercrime (NCA, 2019). The results the Netherlands, have developed national and re- from these assessments are then used to decide on gional strategies for countering organized crime interventions that aim to counter and mitigate groups (OCGs) in an attempt to reduce the nega- these organized crime activities. The estimation of tive impact these groups have on society the harm that is caused by organized crime is a key (Boerman et al., 2017; Department of Home objective of these assessments and should play a Affairs, 2018; HM Government, 2018). As part of central role in the design of crime control policy this strategic focus, law enforcement agencies against OCGs (Greenfield and Paoli, 2013). regularly conduct assessments to better understand Akin to harm is the seriousness of organized the current and future threats of organized crime crimes. In the realm of sentencing guidelines, ser- activity. Assessments are completed for a range of iousness has been defined as a combination of activities including drugs (DEA, 2019), child sex- harm and culpability of the offender (Ignatans and ual exploitation and abuse (WePROTECT Global Pease, 2016; Curtis-Ham and Walton, 2018). *Jill Dando Institute of Security and Crime Science, University College London, London, UK. E-mail: juliana.gomez.18@ ucl.ac.uk Policing, Volume 00, Number 0, pp. 1–19 https://doi.org/10.1093/police/paac046 C The Author(s) 2022. Published by Oxford University Press. V This is an Open Access article distributed under the terms of the Creative Commons Attribution License (https://creative- commons.org/licenses/by/4.0/), which permits unrestricted reuse, distribution, and reproduction in any medium, provided the original work is properly cited.
2 Policing Article J. Gómez-Quintero et al. Under this definition, seriousness does not neces- different forms (e.g. financial, physical, psycho- sarily reflect the magnitude of harms (i.e. negative logical, reputational, etc.) and so that the focus of consequences) of a crime. A crime may be more intervention becomes mitigating the harm in its Downloaded from https://academic.oup.com/policing/advance-article/doi/10.1093/police/paac046/6570978 by guest on 26 June 2022 serious than another crime because of the different levels (e.g. individual, societal, environ- offender’s history (e.g. they are recidivists or had a mental, governmental, etc.). Indeed, placing harm wilful misconduct), but the harms may be the at the core of the design of direct and indirect same for both crimes (Mitchell, 2019). For ex- interventions to counter organized crime would ample, manslaughter is considered less serious shift the focus from the offenders to the victims than murder because of differences in the inten- (Ignatuschtschenko, 2021) and would therefore tions of the offender, but the harm (i.e. loss of life) motivate a policy discourse that prioritizes the re- is the same in both cases. More specific to organ- duction of harm over enforcement goals such as ized crime, the term seriousness has been used to apprehension and interdiction, in the case of drug indicate that a crime has a complexity and sophis- trafficking. Interventions derived from such harm tication that should be accounted for in legislation, assessments could be direct, in the case of law en- and that it is harmful (Sergi, 2017). forcement, but also indirect and mitigating in the The use of the seriousness of organized crimes case of development actors that can build resili- as a criterion to prioritize countering efforts ence in communities and state actors, and to alle- requires an assessment of harms (Paoli and viate the impacts of OC (GIATO, 2016). However, Greenfield, 2018). A harm-focused approach a systematic method for the estimation of harm would bring an added value to the decision mak- has yet to be developed. ing of law enforcement and development actors In recent years, several advances have been (e.g. public sector agencies, non-profit organisa- made in creating and using harm assessment tions, and multilateral agencies) directly and indir- methods in policing. These include the Crime ectly working on the countering of organized Harm Index (Sherman, 2007; 2013) and the Harm crime and mitigation of its impacts. Paoli and Assessment Framework (HAF) (Greenfield and Greenfield (2018), for example, propose the use of Paoli, 2013) and have become useful tools for con- harmfulness’ as a criterion to decide if an act can sidering the harmful consequences of crime rather be considered criminal; to inform how law en- than just measuring crime incidence. These tools, forcement could prioritize the countering of dif- however, are insufficient for accurately assessing ferent organized crimes; and for the design of the harmful consequences of organized crime be- sentencing guidelines and programmes that assist cause they do not account for the harm caused victims. They also argue that the concept of harm- across the successive stages of an organized crim- fulness could be extended to understand the inal activity. These tools also do not consider the impacts of interventions so that they too, can be harmful consequences of the crimes that are con- analysed from a harm perspective (see also nected to a specific organized criminal activity Borrion et al., 2020). For example, many studies (e.g. incidents of violence that are related to an have found that interventions aiming to curtail OCG’s involvement in the supply of illegal drugs). drug trafficking have been more harmful than they To estimate the harm caused by organized crime have been effective (Caulkins and Reuter, 2009; requires an assessment of how the criminal activity Blaustein et al., 2017). Ignatuschtschenko (2021) unfolds across the many stages that are involved in also argues that harm assessments should inform crime commission and the interconnectivity of the investment in countering crime and poses two criminal activity. Understanding the commission more potential benefits of harm assessments of an organized crime activity across several stages namely to identify and evaluate harm in its helps in the examination of the causal relationship
Organised Crime Harm Assessment Method Article Policing 3 between events in a sequence across the activity activity causes, which in the case of the drugs trade and in the development of explanations about spe- must also include an assessment of harm relating cific actions performed within a wider activity. In to the production and supply activities that are Downloaded from https://academic.oup.com/policing/advance-article/doi/10.1093/police/paac046/6570978 by guest on 26 June 2022 the illicit drug trade, for example, these stages in- part of this activity (Caulkins and Reuter, 2009; clude the production of the drug, its transporta- Greenfield and Paoli, 2012). Other methods to as- tion, wholesale, and street distribution. Organized sess the harm caused by organized crime have crime activity can also involve a diverse range of focused instead on the OCG as the unit of analysis connected criminal activities that contribute or are (Mulholland and Cole, 2021). However, in using associated to the main criminal activity (Hancock OCGs as the unit of analysis for assessing harm and Laycock, 2010; von Lampe, 2011; Lavorgna, restricts the assessment of harm from organized 2018), and are often essential to the activities and crime because the OCG may not be involved in survival of OCGs (Pascual, 2017). For example, in performing all the activities (Felson, 2006; Bright the illicit cocaine trade, associated criminal activity and Delaney, 2013; Bright, 2017). can include the theft of chemicals that are used in In this article, we introduce a method for assess- the processing of coca paste to cocaine, and thefts ing the harm of organized crime for all stages of an committed by drug addicts to obtain money to organized crime activity. The harm assessment purchase cocaine. An organized crime activity can method includes the measurement of harm that is also be connected to other organized or non- associated with connected crimes. In the next sec- organized crimes, such as corruption (Gounev and tion, we critique in more detail the suitability of Bezlov, 2010), money laundering (Gilmour, 2016; existing harm assessment tools for measuring the Bayona-Rodrıguez, 2019), human labour exploit- harmful consequences of organized crime. We ation and trafficking (Shelley, 2012), and violence then introduce the Organized Crime Harm (Goldstein, 1985; Desroches, 2005). Thus, a com- Assessment (OCHA) method as an instrument to prehensive harm assessment of organized crime measure the harm caused by activities performed must not only consider the main criminal activity by OCGs and examine its use applying it to the (such as the cocaine trade) but must also consider the harmful consequences of connected activities heroin trade into and within England and Wales. as they play out across the many stages of the main We finish by discussing the challenges in the appli- criminal activity. cation of the OCHA method and conclude by Attempts to assess the harmful consequences of identifying opportunities for improvements and OCG activity have mainly focused on their in- future research. volvement in the illegal drugs trade (see discussion in Paoli and Greenfield, 2013) Most of these Crime harm assessment attempts, however, have only focused on the harm that is associated with drug use rather than the All techniques for measuring the harmful conse- wider range of harms associated with the illegal quences of crime involve applying some form of drugs trade. For example, Moxham-Hall and weighting procedure to each crime incident. That Ritter (2017) identified 10 indices in their system- is, rather than just measuring the number of inci- atic review of illicit drug and alcohol harm indices, dents, crime harm measurement involves weight- all of which assessed the harms of drug use and ing each incident according to an assessment of its did not include assessments associated with the impact. Early attempts to assess the harm of crimes harmful consequences of the illegal drugs trade. used information from surveys to construct Focusing on only one stage of an organized crime weights (Sellin and Wolfgang, 1964; Rossi et al., activity limits the assessment of the harm the 1974; Wolfgang et al., 1985), and to evaluate the
4 Policing Article J. Gómez-Quintero et al. seriousness of offences (Pease, 1988). Other publicly available and they offer consistency for approaches have used the costs of crime as weights measuring harm in different contexts under the to distinguish differences between the harmful same jurisdiction (Sherman et al., 2016). There Downloaded from https://academic.oup.com/policing/advance-article/doi/10.1093/police/paac046/6570978 by guest on 26 June 2022 effects of crime (Savona, 2009; Cohen and Bowles, are, however, several different approaches in how 2010; Wickramasekera et al., 2015; Heeks et al., sentencing guidelines have been used for weighting 2018). This can help remove much of the subject- harm. The Cambridge CHI (Sherman et al., 2016) ivity in determining harm weights in comparison uses the starting point for sentences (e.g. the num- to when only people’s opinions are used (Levi, ber of prison days) to calculate weights, whereas 2016). Using the costs of crime does, however, others such as the California CHI (Mitchell, 2019) have several shortcomings: Some crimes are diffi- use maximum sentences. Other approaches have cult to cost; a measure of cost can be prone to in- used the actual sentences given to offenders rather flationary adjustments, and, as costs likely differ than sentencing guidelines (Curtis-Ham and between countries, a cost of crime approach is Walton, 2018). When sentencing guidelines are prone to international inconsistency. not available, some have created their own sen- In recent years, the two most widely applied tencing guidelines to generate harm weights approaches for the assessment of harm have used (Andersen and Mueller-Johnson, 2018; Rinaldo, 2018). sentencing guidelines as weights of harm or have The use of sentencing guidelines to weight the applied a qualitative framework that considers the harms of crimes does, however, come with limita- severity and incidence of criminal acts. We next tions. Some researchers have argued that sentenc- examine these two approaches in detail. ing guidelines are based on too many other factors to make them appropriate for weighting the harm Crime harm index of crime (Maguire and McVie, 2017), with some challenging the fundamental premise that they are Crime Harm Indices (CHIs) apply weights to inci- democratically defined (Paoli and Greenfield, dents of recorded crime based on a measure of the 2018; Ransley et al., 2018). Tusikov (2012), for in- harm these crimes produce. This approach, for ex- stance, argued that sentencing guidelines can be ample, results in individual incidents of sexual contaminated by political interests. However, the assaults being more greatly weighted than each in- processes involved in creating sentencing guide- cident of shoplifting because of the greater harm lines used by a criminal justice system does include caused by a sexual assault. A CHI approach, there- a period of research and public consultation fore, produces a measure of crime that offers a (Sentencing Council, 2021), which means that the more considered understanding of the harmful process of defining the guidelines can accommo- consequences of crime than is generated when date evidence-based findings and democratic in- only counts of crime are considered (Sherman, volvement, and that their use for weighting crime 2007, 2013). In general, the CHI is calculated as harm can be improved as research into their use the product of the crime count (incidence) and develops. the harm weight for that crime. In practice, CHIs that use sentencing guidelines Several approaches have been developed to have become widely used in a range of policing weight the harms of crimes. Sherman (2013) pro- contexts. Examples include the Cambridge CHI posed using sentencing guidelines as the means for (Sherman et al., 2016), the Swedish CHI weighting harm, stating they offer a pure weight of (Kärrholm et al., 2020), the WA-CHI for Western harm because of how sentencing represents demo- Australia (House and Neyroud, 2018), the Danish cratic values of the consequences of crime, they are CHI (Andersen and Mueller-Johnson, 2018), the
Organised Crime Harm Assessment Method Article Policing 5 CA-CHI for California (Mitchell, 2019), the New severity, a qualitative scale was used—catastrophic, Zealand CHI (Curtis-Ham and Walton, 2018), grave, serious, moderate, and marginal—with loss and the crime index for Northern Ireland of life, for example, being rated as a catastrophic Downloaded from https://academic.oup.com/policing/advance-article/doi/10.1093/police/paac046/6570978 by guest on 26 June 2022 (Macbeth and Ariel, 2019). These indices have harm, and other physical and psychological harms been used to measure how crime has changed over being ranked as grave harms. The harm rankings time (Andersen and Mueller-Johnson, 2018), to generated using the HAF are then prioritized based examine how crime harm concentrates in space on the assessment of severity and incidence. The (Bland and Ariel, 2015; Weinborn et al., 2017; HAF has been used in the assessment of the harm Norton et al., 2018; Fenimore, 2019; Macbeth and of cocaine trafficking (Paoli et al., 2013), cannabis Ariel, 2019), to measure the extent of crime harm cultivation (Paoli et al., 2015), human trafficking that is caused by offenders (Frydensberg et al., and labour exploitation (Greenfield et al., 2016; 2019; Ratcliffe and Kikuchi, 2019), and to evaluate Davies, 2018), cybercrime (Paoli et al., 2018), and crime prevention interventions (Ariel et al., 2016; piracy (Peters and Paoli, 2020). Gibson et al., 2017; Mitchell, 2019). The suitability of the CHI and HAF Harm assessment framework for assessing the harm of The HAF proposed by Greenfield and Paoli (2013) organized crime is an alternative approach to the CHI for measur- In this section, we examine the sequence of steps ing harm. The HAF involves generating a model of that are involved in the application of the CHI and the primary crime activity, and its accompanying the HAF. We do this to identify similarities and and enabled activities. The harms associated with differences between the two approaches, and to the primary criminal activities that are identified identify the strengths and limitations of each. in the model and the accompanying and enabled From this comparison, we identify potential ways activities are then mapped against harm and harm the two approaches can be used for assessing the bearer taxonomies and rated using ordinal severity harm of organized crime and the additional and incidence scales. In the taxonomies, harms are requirements for this type of harm assessment. classified in terms of functional integrity, material Figure 1 depicts a comparison between the CHI interest, reputation, or privacy. Harm bearers are and the HAF, showing how each approach pro- classified as individuals, private sector entities, gresses through a series of steps that result in the government entities, or the environment. Severity assessment of harm. The steps in the HAF and the and incidence ratings are combined in a matrix to CHI were extracted from Greenfield and Paoli rank harms by low, medium, and high priority. To (2013) and Sherman (2013), respectively. From rate incidence, a qualitative scale is used: continu- this figure, we can identify that the main differen- ous occurrence, persistent occurrence, occasional ces between the CHI and HAF are in how they se- occurrence, seldom occurrence, and rare occur- lect the crimes for harm assessment and how they rence. Rating the incidence involves assessing the measure the harm that crime incidence causes. incidence of the crimes and of the harms caused The HAF uses a business process model to select by the crimes. For example, for the activity of sex crimes that are considered as harmful and identi- trafficking, Greenfield et al. (2016) rated the inci- fies the bearers of these crimes, from which ratings dence of sex trafficking and then rated the inci- of the incidence and severity of harms are pro- dence of harms such as loss of life, and duced. The CHI uses crimes reported to the police psychological and physical damage. To rate to measure the incidence of crime, grouped by
6 Policing Article J. Gómez-Quintero et al. Downloaded from https://academic.oup.com/policing/advance-article/doi/10.1093/police/paac046/6570978 by guest on 26 June 2022 Figure 1: Comparison of the HAF (Greenfield and Paoli, 2013) and the Crime Harm Index (Sherman, 2013). crime type (e.g. a count of sexual assaults, a count connected crimes that are perpetrated in any of of shoplifting incidents, etc.) and then applies a the stages of an organized crime activity. The HAF harm weight to each of these crime-count group- expands the analysis to include not only the pri- ings. In the case of the HAF, the assessment of mary crime activity but also two types of con- harm is calculated using a qualitative matrix that nected activities: accompanying activities, and combines incidence and harm rankings. For the enabled activities. For example, in the assessment CHI, harm is calculated as the product of the of the harms of cocaine trafficking, Paoli et al. crime counts and the harm weights. Organizing (2013) classified trafficking as the primary crime the processes that are involved in each approach in activity, and retail supply and use of cocaine as the manner shown in Fig. 1 helps to evaluate the enabled activities. However, the HAF does not ex- suitability of each approach for assessing the harm plain how to carry out the analysis across the dif- of organized crime. ferent stages, without double-counting harm.1 Both methods have limitations when consider- A ‘whole process’ view of the organized crime ac- ing the harmful consequences of an organized tivity that considers harm across an entire organ- criminal activity. The CHI only considers crimes ized crime activity is, therefore, lacking. that are grouped by crime type categories to deter- The HAF and CHI have other limitations. The mine an assessment of harm; it does not include HAF has been criticized for being difficult to
Organised Crime Harm Assessment Method Article Policing 7 measure (Mitchell, 2019). The CHI relies on The OCHA method is a five-step process that reported crimes to calculate crime harm (Sherman involves creating a crime script for the organized et al., 2016). Therefore, for the purposes of organ- crime activity, associating connected crimes to Downloaded from https://academic.oup.com/policing/advance-article/doi/10.1093/police/paac046/6570978 by guest on 26 June 2022 ized crime activity where much of the activity is each key stage within the crime script, estimating clandestine and goes unreported, the use of the the incidence of crimes, defining the harm level CHI in measuring organized crime activity is lim- for each incident, calculating the total harm for ited. The CHI has also been criticized as an over- each stage of the crime script, and prioritizing the simplification of harm assessment (Paoli and stages for intervention (see Fig. 2). Greenfield, 2018). The first step involves creating a model of the In principle, the HAF and the CHI are useful crime commission process for the organized crime approaches for assessing crime harm but as shown activity and associating connected crimes to each above, they also have intrinsic limitations for esti- stage. Crime scripts (Cornish, 1994) are useful for mating the harm caused by organized crime. identifying the different stages within an organized Specifically, improving the assessment of harm crime activity as they place emphasis on the se- caused by organized crime requires an approach quence of events involved in criminal activities that considers harm across all the stages of an (Bullock et al., 2010). Using a crime script at this organized crime activity and includes the harm stage is conceptually similar to the construction of caused by connected crimes. a business process model (Borrion, 2013), the lat- ter being suggested in the HAF as the first step for OCHA method assessing harm. Crime scripts have been used in researching organized crime activity, including In this section, we introduce the OCHA method. human sex trafficking (Savona et al., 2013), envir- This method is designed to address the shortcom- onmental crime (Tompson and Chainey, 2011), ings of the CHI and HAF in the assessment of the transnational illegal market in endangered spe- harm of organized crime and act as a template for cies (Moreto and Clarke, 2013), theft of oil from researchers and practitioners to make more accur- ate assessments of the harmful consequences of pipelines (Alonso Berbotto and Chainey, 2021), organized crime. The method we propose includes and the drugs trade (Chiu et al., 2011; Jacques and the assessment of harm across many stages of an Bernasco, 2013). Dehghanniri and Borrion (2021) organized crime activity and the inclusion of provide a comprehensive review of the application crimes that are connected to activities in each of crime scripts. stage. To create the OCHA method, we used a de- Figure 3 shows the key stages within a crime sign methodology, following the steps proposed by script of the heroin trade in England and Collatto et al. (2018) and that incorporates design Wales. This heroin trade involves five stages: principles described by Dresch et al. (2015). We production, transnational distribution, wholesale, drew from existing solutions—namely the CHI retail, and consumption (Natarajan, 2010; Kinlock and the HAF—to design the OCHA method and and Gordon, 2015). Heroin is mainly cultivated used the heroin trade into and within England and and manufactured in Afghanistan (FATF, 2014; Wales to demonstrate its application, identify UNODC, 2020), and brought to Europe through challenges and discuss potential ways these can be the Balkan route via Iran and Turkey (EMCDDA overcome. and EUROPOL, 2019). In this script, transnational 1 In Paoli et al.(2013), trafficking and retail supply are considered two separate activities, one preceding the other. Because enabled activities can also be construed as direct activities (depending on the perspective adopted), adding the harm esti- mates from all activities (including connected activities) across all stages together is likely to overestimate the total harm.
8 Policing Article J. Gómez-Quintero et al. Downloaded from https://academic.oup.com/policing/advance-article/doi/10.1093/police/paac046/6570978 by guest on 26 June 2022 Figure 2: The Organized Crime Harm Assessment method (OCHA method). Figure 3: Stages of the heroin trade into and within England and Wales. distribution, wholesale, and retail take place in Enabling offences are those that facilitate direct England and Wales (McSweeney et al., 2008). offences but do not necessarily involve the victim or To identify the crimes that are associated to an illegal commodity and could be replaced by another organized crime activity, we propose the use of a tax- enabling activity (e.g. money laundering, fraud, vio- onomy of association that refers to three different lence to protect drug markets, and corruption). types of crime: direct offences, enabler offences, and Fuelled offences are those that are facilitated by dir- fuelled offences. Direct offences are those that are ect offences and do not involve the victim, target, or most directly related to the organized crime activity. illegal commodity (e.g. human trafficking funded They often relate to an illegal commodity, a target or with income from drug-production as a crime a victim. Examples of direct offences include the re- fuelled by drug trafficking). Enabler and fuelled cruitment of victims for human trafficking and the crimes are connected crimes to the organised crime production of heroin in the case of drug trafficking. (OC) activity (see Fig. 4).
Organised Crime Harm Assessment Method Article Policing 9 Downloaded from https://academic.oup.com/policing/advance-article/doi/10.1093/police/paac046/6570978 by guest on 26 June 2022 Figure 4: Taxonomy of crimes associated to an organized crime activity. Table 1 illustrates the use of the taxonomy and production and transnational distribution phases its integration with the crime script from Fig. 3 for (FATF, 2014) and human trafficking for sexual ex- heroin trade in England and Wales. For this ex- ploitation during transnational distribution and re- ample, direct offences are the production, supply, tail phases ( Shelley, 2012; Bean, 2014; EMCDDA possession, and import/export of heroin, and the and EUROPOL, 2019). use of premises for these drugs trade-related activ- The second step of the OCHA method involves ities as defined in the Misuse of Drugs Act of 1971 estimating the incidence of crime. In the case of and the Customs and Excise Management Act of connected crimes (enablers and fuelled), the inci- 1979 (Sentencing Council, 2012). Enabler offences dents of interest are those that occur due to the included money laundering at the production, organized crime activity. Often, it is not possible transnational distribution, and wholesale stages to generate an actual number of these incidents (FATF, 2014; Levi, 2014; Soudijn, 2016; EMCDDA and instead an estimation is required. Hopkins and EUROPOL, 2019); corruption during trans- et al. (2013) estimate, for example, that 6% of national distribution ( Pearson et al., 2001; Gounev homicides that occur in a single year in England and Bezlov, 2010; EMCDDA and EUROPOL, 2019 and Wales are connected to organized crime. ); violence at the retail stage (Hopkins et al., 2013); Estimating the incidence of crimes that are con- and forced labour during production, transnational nected to the heroin trade into and within distribution, and wholesale (EMCDDA and England and Wales proved to be challenging. This EUROPOL, 2019). ‘County lines’2 is an emerging is because limited literature and other accounts form of criminal exploitation in the UK (Stone, generated by policing agencies currently exist on 2018; Robinson et al., 2019; Spicer et al., 2019) and the incidence of these crimes. UK police recorded was found to be associated to the retail phase crime (Home Office, 2019), the UK Focal Point (NCA, 2019). In the matter of sexual exploitation, Annual Report (2017a, b), the UK Drug Report Bean (2014, p. 226) described prostitution as part from the EMCDDA (2019), and the UNODC of what he called the ‘snowball’ criminality of drug (2019) World Drug Report were examined for this markets. He described the nexus between prostitu- purpose but these sources were limited in their tion and the drugs market: ‘it is possible to see content. Although disappointing, this finding did prostitution as a market within a market, the largest not expose a weakness of the OCHA method as a and most important being the drug market, but method for assessing the harm of organized crime assisted and sustained by the sex market’. Fuelled but rather identified a challenge that we return to offences included acts of terrorism during the in the discussion section. 2 County Lines refer to criminal activities where illegal drugs are transported from one area to another, and often from cities to less populated areas, usually by children or vulnerable people who are coerced into it by criminal groups.
10 Policing Article J. Gómez-Quintero et al. Table 1. Direct, enabler, and fuelled crimes associated to the heroin trade Stages Production Transnational Wholesale Retail Consumption distribution Downloaded from https://academic.oup.com/policing/advance-article/doi/10.1093/police/paac046/6570978 by guest on 26 June 2022 Direct crimes Production; posses- Importing; posses- Supplying or offering to supply, Importing/export- sion with intent sion with intent possession with intent to supply ing; Possession to supply to supply of a controlled drug Enabler crimes Permitting premises Money laundering, Permitting premises Criminal exploit- Theft (i.e. shoplift- to be used for corruption, crim- to be used; ation—modern ing, car theft, production; inal exploit- Money slavery; violent etc.); Burglary; Money launder- ation—modern laundering, crim- crimes (i.e. Robbery ing, criminal ex- slavery, violent inal exploit- homicide); con- ploitation— crimes (i.e. ation—modern trolling prostitu- modern slavery homicide) slavery tion for gain violent crimes (i.e. homicide) Fuelled crimes Funding terrorism Funding terrorism; Human trafficking Violent crimes (e.g. Human traffick- for sexual ex- homicide, man- ing for sexual ploitation; con- slaughter, etc.); exploitation trolling prostitu- Cruelty to or tion for gain neglect of children The third step involves defining the harm Heroin is classified as a class A drug (UK weights for each crime incident. In this demon- Government, 2021) for which LSPs for offences stration of the OCHA method, we adopt the same associated with class A drugs are higher than weighting approach used by most CHI’s—the low- those for classes B and C. Secondly, some LSPs est starting points (LSPs) for a sentence for may vary depending on the phase in which an of- offenders who have not previously been convicted. fence has occurred. Thirdly, the LSP for posses- This involves determining the number of prison sion offences differ when paired with an days associated with a sentence and using only the intention to supply. Fourthly, LSPs vary accord- days until when the offender becomes eligible for ing to the amount of drug found. Table 2 lists parole for this calculation. If the starting point is examples to illustrate each consideration. expressed in hours, hours are converted to days. If The fourth step involves calculating the total the starting point is a fine, then the number of harm for all crime incidents for each stage of the days is calculated as the days it would take an adult organized crime activity. This is the product be- to earn the fined amount while working at the tween the incidence and the harm weight for each minimum wage rate (see Sherman et al., 2016). crime, which is then totalled to generate a crime In our illustrative application of the OCHA harm value for each stage of organized crime activ- method, harm weights were calculated using the ity. The final stage involves prioritizing where to suggested LSP in the Sentencing Guidelines for focus attention and target resources. The harm as- England and Wales (Sentencing Council, 2021), sessment for each stage of criminal activity pro- as per the Cambridge CHI. Additional considera- vides a measure of harm that can be used by a law tions need to be made when calculating harm enforcement agency to determine the stage of an weights for drug-related offences. First, sentenc- OC activity that generates most harm and to ing starting points for drug offences vary accord- which the agency’s intervention efforts should be ing to the classification of the drug (A, B, or C). targeted. The total harm for each stage relating to
Table 2: Examples of variations in harm weights of drug offences due to drug classifications, trafficking phase, intention, and amount found Consideration Example First: Sentencing starting points for Offence: Production of a controlled drug drug offences vary according to the Class A drug Class B drug Class C drug classification of the drug LSP ¼ 18 monthsa LSP ¼ Band C finea LSP ¼ Band C finea Harm weight ¼ 547.5 Harm weight ¼ 3 Harm weight ¼ 3 Second: Some LSPs may vary depend- Offence: Supplying or offering to supply a class A drug Organised Crime Harm Assessment Method ing on the phase in which an of- If directly offered to a drug user: If offer to supply occurs at any fence has occurred LSP ¼ 36 monthsa other stage (for example, distribution): Harm weight ¼ 1,095 LSP ¼ 18 monthsa Harm weight ¼ 547.5 Third: LSP for possession offences dif- Offence: Possession of heroin fer when paired with an intention If not paired with an intention to supply: If paired with the intention to supply at If paired with the intention to supply to supply LSP ¼ Band C fine any stage other than retail: directly to a user: Harm weight ¼ 3 LSP ¼ 18 monthsa LSP ¼ 36 monthsa Harm weight ¼ 547.5 Harm weight ¼ 1,095 Fourth: LSPs vary according to the Offence: Production of a controlled drug amount of drug found Amount ¼ 5 kg Amount ¼ 1 kg Amount ¼ 150 g Amount ¼ 5 g LSP ¼ 7 years LSP ¼ 5 years LSP ¼ 3 years 6 months LSP ¼ 18 months Harm weight ¼ 2,555 Harm weight ¼ 1,825 Harm weight ¼ 1,277.5 Harm weight ¼ 547.5 a Assuming the lowest threshold for amount of heroin found (5 g). Article Policing 11 Downloaded from https://academic.oup.com/policing/advance-article/doi/10.1093/police/paac046/6570978 by guest on 26 June 2022
12 Policing Article J. Gómez-Quintero et al. the example of the heroin trade into and within findings about organized crime. We encourage England and Wales is discussed in the next further research that considers if more categories section. should be added to those we have introduced. One Downloaded from https://academic.oup.com/policing/advance-article/doi/10.1093/police/paac046/6570978 by guest on 26 June 2022 option is to include crimes arising because of pol- icy with the argument that a substantial number of Discussion harms derived from organized crime, particularly As law enforcement agencies and other institutions in the drugs trade, are a result of their illicit status endeavour to counter organized crime due to its and law enforcement action (Jacques and Allen, many negative impacts to society, a harm assess- 2015; Ratcliffe, 2015). For example, Werb et al. ment method that can orient where to focus these (2011, p. 87), concluded in their systematic review efforts is needed. The OCHA method is a method that ‘gun violence and high homicide rates may be for assessing organized crime harm that uses an inevitable consequence of drug prohibition and organized crime activities as the unit of analysis. that disrupting drug markets can paradoxically in- Different to other measures of harm assessment, crease violence.’ Including this category would re- the OCHA method emphasizes the importance of quire defining and operationalizing the concept of understanding the process of an OC activity and policy-induced crimes. decoupling it into its different stages. The use of We have demonstrated the application of the OCHA method to the heroin trade into and within crime scripts to map the process of the OC activity England and Wales, showing that it is possible to allows a ‘more objective assessment and under- break down an organized crime activity into its standing’ of an organized crime activity (Tompson different stages and consider which crimes are per- and Chainey, 2011, p. 179) given the methodical petrated at each stage. We have also shown that process it entails, and helps to tackle the inherent each stage involves different crimes, not only dir- complexity of organized crime (Brayley et al., ect, but different enabler and fuelled crimes, and 2011; Savona et al., 2013; Chainey and Alonso hence the harm assessment for each stage will be Berbotto, 2021). different. Recognizing that harm is different at The OCHA method also furthers understanding each stage, provides greater insight into how harm on the extent of an OC activity by considering is distributed across the crime commission pro- connected crimes. The taxonomy of connected cess. The application has also shown that it is crimes presented in the current study encourages possible to calculate harm weights for heroin thinking about how crimes relate to organized trade-related crimes. crime, as either direct, enabler or fuelled crimes. The OCHA method is designed to be applicable Other classifications have focused on the link be- to different types of organized crime. Other than tween organized crime and violence (Goldstein, the drugs trade, it could be applied for example to 1985; Reiss and Roth, 1993), thereby excluding human sex trafficking. Possible stages of human other types of crimes connected to organized sex trafficking could be recruitment, transporta- crime. The taxonomy we introduce provides novel tion and exploitation, and enabler crimes could be possibilities for research, such as examining if forgery and corruption in transportation, and there are similarities between different organized threats, violence and forced prostitution during crimes. The taxonomy may also guide how agen- exploitation (Savona et al., 2013). Another ex- cies such as Europol, the US Federal Bureau of ample is in wildlife trafficking where stages include Investigation, the UK’s National Crime Agency, attacking, and killing the animal, escaping, and and the European Monitoring Centre for Drugs selling as stages in wildlife trafficking (Eloff and and Drug Addiction (EMCDDA) report their Lemieux, 2014). Corruption, theft, fraud, money
Organised Crime Harm Assessment Method Article Policing 13 laundering, and extortion, among other financial proportion of organized crime that they have crimes have been found to enable these activities detected and prosecuted (Pascual, 2017), and (Viollaz et al., 2018). changes in organized crime that is observed by po- Downloaded from https://academic.oup.com/policing/advance-article/doi/10.1093/police/paac046/6570978 by guest on 26 June 2022 The application of the OCHA method to assess lice agencies may be a reflection of their law en- the harms of the heroin trade into and within forcement efforts (Windle and Silke, 2019). England and Wales has, however, uncovered sev- Additionally, determining whether an offence is eral challenges in how to accurately and precisely connected with an organized crime is a challenge measure the harm that is caused by organized given that law enforcement agencies do not neces- crime activity. The first task involved identifying sarily register when a crime is attributed to OCGs the stages of the organized crime activity. (Dorn and Bunt, 2010; Tusikov, 2012) nor do they Although several sources of information were used detail if it is connected to an organized crime ac- to identify the stages of the heroin trade into and tivity (e.g. to protect the OC activity or to finance within England and Wales, this might be more dif- it). Intelligence about OCGs recorded by national ficult for other, less researched organized crime ac- or regional police agencies would have been useful tivity such as labour trafficking (Cockbain et al., for the current study, but access to these were not 2018), and more novel forms of activity such as possible for this research because of the sensitive the use of cryptocurrencies for money laundering and restricted nature of these data. However, use (NCA, 2018). of these data can also be limited because often A second challenge the research exposed was in these data do not contain information about the the identification of connected crimes, both en- nature of the criminal activity, such as how the ac- abler and fuelled crimes. Our analysis of the heroin tivity is committed, the roles that individuals per- trade showed that the focus of research on this form, the equipment that is used, and the topic was most usually about the connections be- connected crimes that are committed across the tween the heroin trade and specific types of crime main criminal activity (Chainey and Alonso (e.g. the heroin trade and violent crime). Very lit- Berbotto, 2021). Gathering information about the tle research to date has examined more widely the incidence of connected crimes associated with the range of crimes that are connected to organized drugs trade has the added challenge of attribution crime activity. This required us to examine infor- of causality (Singleton et al., 2018). For example: mation from multiple sources to generate an ac- How to establish if a homicide was the result of a curate account of the crimes that were connected drug-trade activity? or how to determine if a theft to organized crime activity. Another challenge was was perpetrated to fund drug use? As De Bont the estimation of incidence of direct and con- et al. (2018) have noted, missing data, fragmented nected crimes. Sherman et al. (2016) and other data, comparability issues, and data quality issues authors of CHIs use official crime count records to in police-recorded data are obstacles for determin- estimate the incidence of crime to generate assess- ing the full provenance of drug-related homicides. ments of harm. However, information about The application of the OCHA method in the organized crime and the crimes that OCGs com- case of the heroin trade into and within England mit is not as systematically recorded as crimes and Wales has illustrated the need for methods to used in CHIs (Tusikov, 2012). Also, because OCG be developed that provide better estimates for inci- activities are often performed discreetly and go un- dence of direct, enabler, and fuelled crimes. We detected (Hobbs and Antonopoulos, 2014; noted in our findings on the application of the Pascual, 2017), a comprehensive account of the OCHA method to the heroin trade in England and criminal acts an OCG commits is not recorded by Wales the disappointment in not being able to police agencies. Police reports only reflect a fully estimate the incidence of connected crimes.
14 Policing Article J. Gómez-Quintero et al. This finding did not expose a weakness of the guidelines are designed and how they could be OCHA method as a method for assessing the harm used for evaluating crime harm. of organized crime but rather identified a chal- Downloaded from https://academic.oup.com/policing/advance-article/doi/10.1093/police/paac046/6570978 by guest on 26 June 2022 lenge for researchers and law enforcement agencies to address. The clandestine nature to a lot of Conclusion organized crime activity means that information Despite advances in creating and using harm as- about this activity can often be limited. However, sessment methods in policing, such as CHI and Alonso Berbotto and Chainey (2021) have shown the HAF, the available tools are insufficient for ac- that in such situations open sources of intelligence curately assessing the harmful consequences of (OSINT) within a crime scripting process can pro- organized crime. In particular, these tools do not vide a detailed account of organized crime activity, account for the harm caused across the successive and which in turn can be used for generating a stages of an organized criminal activity and do not more accurate estimation of the incidence of con- consider the harmful consequences of the crimes nected crimes. We anticipate conducting further that are connected to a specific organized criminal research that examines how OSINT, alongside activity. other sources of information, can be used to ad- In this article, the OCHA method is introduced dress the challenge of estimating the incidence of to address these shortcomings, demonstrated with connected crimes across an organized crime activ- application to the heroin trade into and within ity. In addition, as institutions, practitioners, and England and Wales. The OCHA method involves researchers have become more conscious about creating a crime script of the crime commission the importance of gathering information about the process, identifying connected crimes to the wider activities that OCGs perform when engaged organized crime activity, estimating the incidence in a main criminal activity, new initiatives have of crimes, and devising crime harm weights. From emerged to address the lack of information about this, the OCHA method offers a means for deter- these wider activities. For example, the UNODC’s mining how harm distributes across an organized (2016) initiative for an international classification crime activity. Although challenges remain in ac- standard for crime provides a transnational tool curately measuring the harm that is caused by for producing statistics on crime and criminal organized crime, the method we introduce offers a justice, and now facilitates comparability among valuable step forward in how the harmful conse- the different information sources that have imple- quences of organized crime activity can be mented it. quantified. The further challenge our research has exposed was the calculation of harm weights. England and Wales were chosen as the setting for the example References we used because of the availability of clear sentenc- Alonso Berbotto, A. and Chainey, S. (2021). ‘Theft of Oil ing guidelines. However, these guidelines may not from Pipelines: An Examination of Its Crime Commis- exist in other settings. Researchers and practi- sion in Mexico Using Crime Script Analysis.’ Global Crime 22(4): 265–287. tioners interested in applying the OCHA method Andersen, H. A. and Mueller-Johnson, K. (2018). ‘The Da- may need to adapt their choice and use of guide- nish Crime Harm Index: How it Works and Why it lines, similar to how Curtis-Ham and Walton Matters.’ Cambridge Journal of Evidence-Based Policing (2018) and Mitchell (2019) have done in their use 2(1–2): 52–69. Ariel, B., Weinborn, C., and Sherman, L. W. (2016). ‘Soft of CHIs, or create new guidelines (e.g. Andersen Policing at Hot Spots—Do Police Community Support and Mueller-Johnson, 2018; Rinaldo, 2018). Officers Work? A Randomized Controlled Trial.’ Journal Future research could address how sentencing of Experimental Criminology 12(3): 277–317.
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