Preventing corruption helps to raise city revenues, improve service delivery, stimulate public confidence and participation, and win elections. This book provides practical solutions and a set of incentives charting a path away from misgovernance toward effective local governance. The authors present case studies of both success and failure to underscore that addressing corruption is only an entry point to deeper public sector reforms. 

The challenge facing local government is to develop innovative ways of building effective, accountable, and transparent systems. The book brings these innovations together, providing both a conceptual and a practical framework as well as an international perspective based on concrete country examples such as Hong Kong and La Paz. To attain concrete and lasting results, a bold departure from traditional ways of doing business is often essential. Strong political will, citizen voice, appropriate technical support, and a realistic long-term implementation strategy are central to success. 

A major theme of this book is that fighting corruption in the right ways can become a lever to achieve much broader ends, not only financial survival but also remaking the relationship between the citizen and local government.

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Corruption is neither a private problem nor a peccadillo. Corruption can be deadly, for instance if poor quality parts are installed in planes, if development funds for the hungry are diverted for private use, or if the drinking water supply is overpriced due to corruption and as a result the poor can not afford it. Corruption affects everyone, or at least a great many, even if they do not usually immediately notice or know it. Everyone is affected, but the poorest of the poor worldwide are the most affected, for example when crucial funds are lacking for drinking water or medical care. The World Bank estimates that more than a trillion dollars flow into corrupt channels every year. Eradicating the most extreme poverty (people living on less than $1.25 a day) would cost an estimated $60 billion a year. In large-scale industrial projects, even within Germany, Austria and Switzerland, there is a rumour that 3 percent of the contract value is bribe money. International managers assume that corruption increases project costs by an average of 10 percent, but it might well be as high as 25 percent. 

This book gives a global overview on corruption, describes its different forms and effects and argues how and why corruption should be combatted by all means. It includes more than a hundred of brief examples of corruption from the German speaking countries as well as worldwide. 

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This collected work, written primarily by practical theologians, reflects on the phenomenon of corruption in the liberal democracy of post-apartheid South Africa. Liberal democracy has considerable salience in the contemporary world. Not only is it the form that many of the world’s most powerful and influential nations approve of, but it is a political system that has been tried – and used – by many developing countries. South Africa is described as predominantly Christian, and in such a context corruption should not be expected. However, it is strongly prevalent and undermines the values of both democracy and Christianity. Not only does corruption promote a general lack of trust in institutions and leadership, but it stimulates a perpetual culture of corruption that invades all spheres of life.

The book suggests strategies for redressing the current ‘culture of corruption’. Although the chapters represent different perspectives, the shared objective is to emphasise that corruption is unethical, as well as to describe and explain why it is taking place and how the situation should appear. The explanation focuses on the negative consequence of corruption: it does not respect human dignity or the ‘otherness’ of others; it exacerbates poverty; it weakens religious values and norms; and it is not conducive to social cohesion in the country. The authors also share the theological premise that God is present in this world. In the kingdom of God, believers are encouraged to participate in the ‘clean-up’ process which includes combating the phenomenon of corruption.

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Dozens of jurisdictions around the world have sought to specifically target [the challenges of identifying and recovering proceeds of corruption], by  introducing  illicit  enrichment  legislation  that  focuses  on  the  obvious  and  demonstrable  results of corruption and criminality, rather than the original criminal action itself. These laws allow investigators and prosecutors to instead recover assets that have clearly not come from lawful sources without having to prove, to either a criminal or civil standard of proof, the initial criminal action that gave rise to these proceeds.

If  introduced  and  applied  in  a  reasonable  way,  illicit  enrichment  laws  have  been  deemed  by  courts  in  many  countries  as  fair  and  effective  tools  for  the  combating  of  corruption  and  the  recovery  of  proceeds of crime. 

In  this  vein,  this  publication  offers  a  thorough  overview  and  examination  of  the  concept  of  illicit enrichment with the objective of providing policy guidance to potential drafters of illicit enrichment laws, and technical guidance to law enforcement practitioners and courts charged with applying these laws.

Structure of this book:

This publication is made up of five parts. Part 1 draws from international treaties and legislation from around the world to provide a basic definition of the core concept of illicit enrichment, as well as an overview of what constitutes an ‘illicit enrichment law’. It outlines the difference between  criminal  law-based  and  civil  law-based  illicit  enrichment  laws.  It  also  explains  the  difference between regular illicit enrichment laws and qualified illicit enrichment laws, which require a state to prove a threshold of reasonable ‘suspicion’ or ‘belief’ before they can be applied. This part also discusses the characteristics that distinguish an illicit enrichment law from other common types of asset recovery legislation, such as extended confiscation laws and non-conviction based confiscation laws.

Part 2 provides an in-depth overview of the various approaches taken by legislative bodies in different jurisdictions to address illicit enrichment. It covers the key similarities and differences between  illicit  enrichment  laws  from  different  jurisdictions,  outlining  how  legislators  from  different countries have drafted their laws to target different categories of wealth and people. It explores how some jurisdictions have included different evidential thresholds regarding such things as the value of the alleged enrichment. This Part also outlines the types of safeguards that have been introduced by countries with illicit enrichment laws to ensure that these laws are applied fairly, are not abused, and are reviewed on a regular basis. This Part should be read in conjunction with Annex 1, which is a compilation of 98 illicit enrichment laws and a number of other legislative instruments similar to these types of laws.

Part 3 provides guidance to investigators and prosecutors on how illicit enrichment can be, and has been, proven or disproven. It includes a summary of the fundamental facts of illicit enrichment  that  need  to  be  established  by  the  concerned  parties  in  either  criminal  or  civil  courts. It also examines the common methodologies that have been accepted and adopted by courts around the world to determine whether illicit enrichment has occurred. Furthermore, drawing  on  jurisprudence  from  different  jurisdictions,  this  Part  outlines  the  common  types  of evidence that have been used by investigators and prosecutors to effectively prove that a person or entity has benefited from illicit enrichment.

Part  4  provides  guidance  to  legal  practitioners  on  the  common  legal  challenges  that  arise  regarding  the  adoption  and  use  of  illicit  enrichment  legislation.  Specifically,  this  section  examines common legal challenges that have been lodged throughout the world, particularly with  reference  to  established  rights  such  as  the  presumption  of  innocence,  the  right  to  remain silent, the privilege against self-incrimination and the principle against the retroactive application of laws.

Finally, Part 5 consists of external contributions. Three of these overviews provide practitioner insights into the illicit enrichment mechanisms in Mauritius, Kenya and Peru, from the point of  view  of  local  practitioners.  Another  contribution  provides  a  brief  overview  of  the  unique  proceeds of crime-focused mechanism currently operating in Ireland. The final contribution analyses  the  challenges  that  may  arise  during  the  investigation  and  prosecution  of  illicit  enrichment cases with an international element, and specifically the problems practitioners may need to anticipate when seeking mutual legal assistance in this context.

The publication is also accompanied by two annexes: 

Annex  1,  ‘A  Compilation  of  Illicit  Enrichment  Legislation  and  Other  Relevant  Legislation’,  contains excerpts of text from all the illicit enrichment laws that were identified in the research process behind this publication. It also includes excerpts from text of the other asset recovery legislative instruments that are mentioned in this publication for comparative purposes. 

Annex 2, ‘Proving Illicit Enrichment Using Financial Investigations and Source and Application of Funds Analysis’ is a technical guide for practitioners. It provides an overview of one method that  can  be  used  to  clearly  demonstrate  that  a  person  has  enjoyed  wealth  that  could  not  possibly have been derived from lawful sources, namely the Source and Application of Funds Analysis method. It includes a step-by-step guide to the financial investigation that should be used to inform this analysis process.

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As the title suggests, this book is a teaching text describing and segmenting criminal investigations into its component parts to illustrate the craft of criminal investigation. Delineating criminal investigation within the components of task-skills and thinking-skills, this book describes task-skills such incident response, crime scene management, evidence management, witness management, and forensic analysis, as essential foundations supporting the critical thinking-skills of offence validation and theory development for the creation of effective investigative plans aimed at forming reasonable grounds for belief. The goal of the text is to assist the reader in forming their own structured mental map of investigative thinking practices. 

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Although this open education resource (OER) is written with the needs and abilities of first-year undergraduate criminology students in mind, it is designed to be flexible. As a whole, the OER is amply broad to serve as the main textbook for an introductory course, yet each chapter is deep enough to be useful as a supplement for subject-area courses; authors use plain and accessible language as much as possible, but introduce more advanced, technical concepts where appropriate; the text gives due attention to the historical “canon” of mainstream criminological thought, but it also challenges many of these ideas by exploring alternative, critical, and marginalized perspectives. After all, criminology is more than just the study of crime and criminal law; it is an examination of the ways human societies construct, contest, and defend ideas about right and wrong, the meaning of justice, the purpose and power of laws, and the practical methods of responding to broken rules and of mending relationships.

Inherently interdisciplinary, the study of criminology cannot be separated from considerations of gender, power, class, economics, geography, sociology, religion, psychology, and biology. This textbook helps readers understand theory beyond the Western, colonial lens to provide holistic and critical insights and applications. Authors representing many gender and cultural identities present criminological theories of the past and present and discuss how these theories shape our understanding of and engagement with our world.  In fact, a guiding principle of this OER project has been to prioritize Indigenous authorship and collaboration between Indigenous and non-Indigenous scholars, to the extent of our team’s capacity.

Summary of Contents page:

1. What is Crime?

2. Typologies and Patterns of Crime

3. Media and Crime

4. Race and Crime

5. Methods and Counting Crime

6. Biological Influences on Criminal Behaviour

7. Psychological Theories of Crime

8. Sociological Theories of Crime

9. Learning Theories

10. Critical Criminology

11. Feminist Criminology

12. Cultural Criminology

13. Green Criminology

14. Victimology

15. Crimes of the Powerful

16. Environmental Criminology

17. Restorative, Transformative Justice

Glossary

Contributors

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How can power over others be transformed to ‘power with’? It is possible to transform many institutions to build societies with less predation and more freedom. These stretch from families and institutions of gender to the United Nations. Some societies, times and places have crime rates a hundred times higher than others. Some police forces kill at a hundred times the rate of others. Some criminal corporations kill thousands more than others. Micro variables fail to explain these patterns. Prevention principles for that challenge are macrocriminological.

Freedom is conceived in a republican way as non-domination. Tempering domination prevents crime; crime prevention reduces domination. Many believe a high crime rate is a price of freedom. Not Braithwaite. His principles of crime control are to build freedom, temper power, lift people from poverty and reduce all forms of domination. Freedom requires a more just normative order. It requires cascading of peace by social movements for non-violence and non-domination. Periods of war, domination and anomie cascade with long lags to elevated crime, violence, inter-generational self-violence and ecocide. Cybercrime today poses risks of anomic nuclear wars.

Braithwaite’s proposals refine some of criminology’s central theories and sharpen their relevance to all varieties of freedom. They can be reduced to one sentence. Strengthen freedom to prevent crime, prevent crime to strengthen freedom. 

Contents page:

• Preliminary pages 

• Abbreviations 

• List of illustrations 

• Preface 

1. From trickles to rivers of crime and freedom 

2. Reframing criminology 

3. Macro-patterns of normative order 

4. Opportunities for freedom and for domination 

5. Tempering the inequality that empowers crimes of the powerful 

6. Closing illegitimate opportunities by separating powers 

7. Tempered and diverse forms of capital 

8. Tempering power through networked governance 

9. Minimally sufficient punishment 

10. Why incapacitation trumps deterrence 

11. Tempered cascades of crime 

12. The art of struggle for free societies 

• Appendix I: Tributary propositions; rivers of meaning 

• Bibliography 

Reviews:

‘A true magnum opus, Macrocriminology and Freedom is a thought provoking and generative book from one of criminology’s intellectual giants. John Braithwaite reaches far and wide across societies, time, and disciplines to advance no less than a theory of how to build a society that simultaneously reduces both domination and crime. His ambitious ideas on cascades of non-dominating collective efficacy and crime prevention, for example, and their connections to social movements and political freedom, go well beyond usual criminological discourse. Chock full of theoretical propositions and bold insights, this a book that will keep criminologists busy for years. Macrocriminology and Freedom should not just be read, but better yet, savoured.’  – Robert J. Sampson, Henry Ford II Professor of the Social Sciences, Harvard University

‘In this majestic theorisation of the relationship between crime and freedom John Braithwaite isolates the unique power of macrocriminology as a lens through which to comprehend and challenge many of the fundamental crises facing our planet. Very few scholars have the breadth and overview to succeed in a mission of this order … Braithwaite does. This extraordinary book is an object lesson for all who seek to understand and resist domination and the crimes of power that flow from it.’ – Penny Green, Professor of Law and Globalisation, Queen Mary University of London

‘For over 40 years, John Braithwaite has been a voice of wisdom, hope and humanity in criminology. This dazzling new book weaves together all the main themes of his influential work, reanimating many of the core concepts of the discipline, as well as incorporating interdisciplinary resources from south and north, east and west, to produce an elegant and ambitious explanatory and normative account of crime as freedom-threatening domination. Decentring criminal justice as the solution to crime, Braithwaite shows that, on a global scale, the aspiration to tackle crimes, ranging from interpersonal violence through corporate crimes to ecocide, lies in the development of freedom-enhancing, power-tempering institutions in the political, economic and social spheres.’ – Nicola Lacey, Professor of Law, Gender and Social Policy, London School of Economics

‘Macrocriminology and Freedom is a criminological epic, an expansive and erudite story that sweeps across history and contexts. The book is frightening in showing how cascading events can produce catastrophes from crime to environmental destruction. But in the end, its message is hopeful, identifying pathways—or “normative rivers”—for guiding freedom from domination and crime. Drawing on his distinguished career, John Braithwaite has bestowed an extraordinary gift—a book, like other masterpieces, that will yield special insights each time we take an excursion through its pages.’ – Francis T. Cullen, Distinguished Research Professor Emeritus, University of Cincinnati

‘In this engaging book John Braithwaite reinvigorates discussions about crime and its control. While advocating a macro approach, the book is punctuated not only with insights and data from smaller-scale studies conducted in a range of jurisdictions, but also with auto-biographical vignettes. The effect creates a deeply personal account of the perils of state, non-state and market violence and authoritarianism and the potential and indeed duty, of criminologists to work towards their reduction, by refocusing their efforts on explaining and tackling crime in its myriad of forms.’  – Mary Bosworth, Professor of Criminology, University of Oxford and Monash University

‘John Braithwaite has had a unique influence on criminology globally. In this encyclopaedic text he synthesises a wealth of criminological knowledge, particularly in the sphere of anomie theory, into broader debates about the nature of domination and freedom in contemporary society. He defends the relevance of criminological theory, while urging criminology to be activist rather than reactive and technocratic, counter-hegemonic rather than neutral. Not for the first time, John Braithwaite has challenged criminologists to construct theories that cut across micro and macro structures. This book will stir debate. It deserves a broad readership.’  – Harry Blagg, Professor of Criminology, University of Western Australia

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This special issue of Administrative Sciences focuses on the organizational and administrative aspects of a broad spectrum of corporate and organizational crimes. In addition to the macro-level factors (such as regulation, enforcement, and market conditions) and the micro-level factors (such as CEO’s narcissistic traits or individual greed) as motives for white-collar crime, meso-level factors related to organizations and their administration (such as organizational structure, culture, and management and leadership) play a major role in the explanations for corporate crime. Organizations provide individuals with positions, incentives, networks, rules, routines, perceptions, and beliefs, which structure opportunities for crime. Thus, organizational factors can explain how misconduct in organizations is defined, perceived, normalized, organized, and facilitated on the one hand, and controlled and prevented on the other hand. In parallel, this introduction discusses the relation between organizations and corporate crime along three lines, the role of the organization as ‘cause’ of corporate crime, its role as ‘cure’ for corporate crime, and, lastly, the ‘organization of’ the crime, referring to the instrumental and social means that organizations offer.

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Crime and the fear of crime are issues high in public concern and on political agendas in most developed countries. This book takes these issues and relates them to the contribution that urban planners and participative planning processes can make in response to these problems. Its focus is thus on the extent to which crime opportunities can be prevented or reduced through the design, planning and management of the built environment. The perspective of the book is transatlantic and comparative, not only because ideas and inspiration in this and many other fields increasingly move between countries but also because there is a great deal of relevant theoretical material and practice in both the USA and the UK which has not previously been pulled together in this systemic manner.

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"Predictive policing" is the use of analytical techniques to identify targets for police intervention with the goal of preventing crime, solving past crimes, or identifying potential offenders and victims. These tools are not a substitute for integrated approaches to policing, nor are they a crystal ball. This guide assesses some of the most promising technical tools and tactical approaches for acting on predictions in an effective way.

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