Powerful Offenders and Criminal Justice

February - March 2012

The riots module is here


Introduction to the course

In recent years both criminology and criminal law have become much more aware of issues surrounding what might be called 'powerful offenders', that is to say, offenders who have various resources with which to neutralise the efforts of the criminal justice agencies to apprehend and convict them. The power of organised criminal gangs to intimidate witness, the ability of both organised crime and terrorist groups to evade the law enforcement agencies is also a very topical issue. One of our themes here will be the extent to which, in order to equip itself with stronger powers to deal with such offenders, the criminal justice system is in fact dismantling vital parts of our system of civil liberties.

One feature of this module is that it encourages you to read (mainly on-line) literature such as official government research and strategy documents as well as the publications of non-governmental organisations alongside more traditional academic publications. On all topics you are encouraged to do your own searches. If you do, make sure to quote your sources correctly if you refer to them in assessment essays


7 February 2012 : Criminal Justice and the Rule of Law

issues to be discussed

The criminal justice system seems to have two distinct tasks. On the one hand it defends certain rights (the rule of law, due process, a fair  trial) and on the other hand it exists to protect the public and guarantee security. How far is there an incompatibility between these two tasks? How far does serving one mean compromising on the other? Under what conditions can they be reconciled?

notes for the lecture

key reading

John Lea (2003)  Criminal Justice and Powerful Offenders. (lecture on this website)

John Lea (2002)  Crime and Modernity. London: Sage Publications (chapter one)  (this chapter is on this website)

John Lea (1992) A framework for the analysis of crime (paper on this website)

further material

Watch on YouTube a lecture on the rule of law by Lord Bingham, former Lord Chief Justice of England and Wales. His book, Bingham, T. (2010) The Rule of Law. London: Penguin books is worth a look.

LCHR (2000) What Is a Fair Trial: a Basic Guide to Legal Standards and Practice, New York: Lawyer's Committee for Human Rights. An extensive definition

Council of Europe website giving a definition of a fair trial under article 6 of the European Convention on Human Rights


14 February 2012: Policing and Prosecuting Organised Crime and Cybercrime

issues to be discussed

Organised crime is one category of powerful offenders able to mobilise various resources to evade or obstruct the criminal justice system. Traditional forms of organised crime may have attempted various types of corruption and intimidation of such groups as police, potential witnesses, lawyers. The use of internet and computing and various types of 'cybercrime' place an emphasis on the ability of criminals to avoid surveillance. What types of prosecution strategies have developed and do they pose any problems for the rule of law?

notes for the lecture

key reading

J. Lea (2004) 'Hitting Criminals where it hurts: organised crime and the erosion of due process' Cambrian Law Review  vol 35:  81-96  (An earlier version is here )

Cabinet Office (2011) The cost of cyber crime. London: Cabinet Office

Cabinet Office and Home Office (2009) Extending Our Reach: a comprehensive approach to tackling serious organised crime. Cm 7665. London: the Stationary Office

further material on policing organised crime in general

Crown Prosecution Service (England and Wales) web site on problems and issues in the prosecution of organised crime (contains numerous further links worth investigating)

Serious Organised Crime Agency (SOCA)  the main UK police agency dedicated to dealing with organised crime. Read the SOCA annual report for 2010/11 and note the section on cybercrime (pages 16-17)

Government Plans for the new National Crime Agency (to replace SOCA in 2013)

C. Harfield (2008) 'The organization of 'organized crime policing' and its international context' Criminology and Criminal Justice 8: 483-507 (subscription required - maybe its in the library?)

Home Office (2004) One Step Ahead: A 21st Century Strategy to Defeat Organised Criminals Cm6167 London: Home Office

M. Levi and A. Smith (2002) A Comparative Analysis of Organised Crime Conspiracy Legislation and Practice and Their Relevance to England and Wales. London: Home Office 

M. Levi (2007) Organised Crime and Terrorism, Oxford Handbook of Criminology. Oxford: Oxford University Press  (chapter 23. pp: 771-809)

further reading on cyber-crime (with an emphasis on policing and prosecution)

Garlik (a computer security organisation) publishes useful statistical summaries on the extent and type of cybercrime in the UK. Reports for 2007 and 2009

UK Home Office (2010) Cybercrime strategy CM7842. London: The Stationary Office (the most recent government strategy document. Other useful online resources are listed at the end of the document)

UK Cabinet Office (2011) The UK Cyber Security Strategy: Protecting and promoting the UK in a digital world. London: the Cabinet Office

US Department of Justice (2011) Cybersecurity: protecting America's New Frontier. (recent US government statement on prosecuting cybercrime)

Alkaabi, Ali and Mohay, George M. and McCullagh, Adrian J. and Chantler, Alan N. (2010) Dealing with the problem of cybercrime. In: Conference Proceedings of 2nd International ICST Conference on Digital Forensics & Cyber Crime, 4‐6 October 2010, Abu Dhabi.

Grabosky, P. (2007) Requirements of prosecution services to deal with cyber crime. Crime, Law and Social Change 47(4-5): 201-223

Rush, H. et al. (2009) Cybercrime and illegal innovation London: NESTA /University of Brighton. A major study with an emphasis on credit card fraud

Choo. R. et al. (2007) Future Developments in Technology-enabled crime. Australian Institute of Criminology. (major Australian study with an emphasis on prosecution and policing issues)   

Urbas, G. & Choo, R. (2008) Resource Materials on Technology-enabled Crime. Australian Institute of Criminology (read the introduction and the sections on 'Jurisdictional, prosecution and sentencing issues' and 'Law enforcement and evidentiary issues'

Brenner, S. Cybercrime Investigation and Prosecution: the Role of Penal and Procedural Law (University of Dayton) A US legal perspective on the problems of prosecuting cybercrime

Tonry, M. ed. (2009) Oxford Handbook of Crime and Public Policy. Oxford: Oxford University Press. (chapter 10 on Identity Theft and chapter 19 on Cybercrime)

Smith, R. et al. (2004) Cyber Criminals On Trial. Cambridge: Cambridge University Press (you can read some of this on-line at google books)

Glenny, M. (2011) Dark Market: cyberthieves, cybercops and you. London: Bodley Head. (recent book by a leading journalist who specialises in organised crime)

Jewkes, Y. & Yar, M. eds. (2010) Handbook of Internet Crime. London: Willan Publishing (particularly parts III and IV)   

Yar, M. (2005) Cybercrime and Society. London: Sage Publications. (one of the main criminological studies of cybercrime)

Wall, D (2007) Cybercrime: The Transformation of Crime in the Information Age. Cambridge Polity  (chapters 7-10  deal with control and policing issues)


21 February 2012: Business Crime and Corruption

issues to be discussed

A quite different set of problem is presented by criminal activities in the world of large business corporations and banks. Here the obstacles to successful prosecution of crimes are usually some combination of the following. Firstly, the complexity of the offence: financial frauds are, for example, notoriously complex to unravel. Investigations and court trials may last an inordinately long time and be enormously costly. Secondly, the status of the offender. This might be a question of the social class and status of top business executives making judges disposed to treat them lightly or it may be a question of the economic importance of the corporation and pressure from the government for lenient treatment given the large contribution that the offender makes to exports or employment. Finally of course, the offender may apply some of the pressures noted in the previous session. Intimidation of witnesses is rare but the bribery and corruption of criminal justice officials may occur. A recent UK case has given rise to allegations of the latter.

notes for the lecture

key reading

Lea, J. (2006) A Brief Introduction to Corporate Crime. Page on this website

Nelken, D. (2007) White Collar and Corporate Crime. Oxford Handbook of Criminology. Oxford: Oxford University Press  (chapter 22. pp: 733-769)

Mackenzie, S & Green, P. (2008) Performative Regulation: A Case Study in How Powerful People Avoid Criminal Labels. British Journal of Criminology 48(2): 138-153

Laurie Taylor (2009) BBC 'Thinking Allowed" series. Broadcasts on white collar crime: (NB - these are audio files so you will need an audio media player on your computer to listen to them

1. the culture of crime.

2. regulation of crime

3. punishment of crime

There is also an associated page from the Open University on these talks

further reading

McBarnet, D. After Enron will ‘Whiter than White Collar Crime’ Still Wash? British Journal of Criminology 46(6)

Dorn, N. (2010) The Governance of Securities: Ponzi Finance, Regulatory Governance, Credit Crunch. British Journal of Criminology 50: 23-45. (this is hard going but worth giving it a try)

Wikipedia pages on 

the Enron scandal

the Madoff Investment Scandal here and here

DTI (2001)  Report into Mirror Group Newspapers. The major official report into the Maxwell scandal. BBC commentary on the report and also commentary from the Guardian

Tim Webb (2007) Bribing For Britain. Goodwin Paper No 5. London:Campaign Against Arms Trade (see also their Briefing Paper on BAE Systems)

The BAE Files a Guardian newspaper website giving a wealth of background and up to date detail on the issue

Website of the UK Serious Fraud Office (type 'BAE' into the search box)

BBC news website giving background to the decision to abandon investigation into BAE arms sales to Saudi Arabia here and here (further searches on this site will reveal a wealth of detail)

Frontline World: The Business of Bribes (website of the International Confederation of Investigative Journalists)

Susan Hawley (2003) Turning a Blind Eye: Corruption and the UK Export Credits Guarantee Department. London: The Corner House (a useful general investigation of the role of bribery

The official website of BAE Systems with special focus on the Woolf Report, commissioned by the company to investigate issues of business ethics

In recent years The Serious Fraud Office has come in for a good deal of criticism for inefficiency. In 2007 the UK Attorney General invited a leading New York prosecutor, Jessica de Grazia, to conduct a review of the SFO. Her report remains secret. Here are some press references:  Accountancy Age (June 2008) The Guardian (July 2007)

On the phone-hacking scandal and News International, which are still very recent on-going issues academic criminology and political studies have yet to produce significant contributions. But meanwhile there is a wealth of information on the internet. The best place to start is the 'timeline' from the Telegraph and also a Guardian website full of reports and resources. These will give you what you need in terms of factual background. Other references will be put here as they come to light.

In particular look at recent revelations to the Leveson Inquiry - the inquiry into the implications and extent of the phone hacking scandal conducted by the Judge, Lord Leveson

Watson, T. & Hickman, M. (2012) Dial M for Murdoch: News Corporation and the Corruption of Britain London: Allen Lane. (the first book so far on the details of the phone hacking scandal)


28 February 2012: Policing Terrorism in the UK - balancing security and liberty?

Special Page for this topic



6 March 2012: Criminalising War? The work of the International Criminal Court

issues to be discussed

Today wars are rarely fought between the uniformed military forces of sovereign nation statespreceded by formal declarations of war and concluded by official peace treaties or surrender. They are more likely to be chaotic affairsreflecting the break-up and collapse of national states and fought by a diversity of irregular forces using a variety of weaponry and mainlytargetting civilian populations. This characteristic of 'new wars' (see Kaldor below) and the atrocities (genocide, ethnic cleansing etc.) withwhich they are frequently associated has made it easier to treat such conflicts as forms of criminality. The establishment of tribunals suchas the International Criminal Court in 2002 and the issue of arrest warrants for military leaders and even heads of state deemed guilty ofperpetrating war crimes or crimes against humanity, seems to be step in the direction of assimilating armed conflict to the status ofcriminality

notes for the lecture

key texts

Lea, J. (2011) 'Left Realism, Community and State Building' Crime, Law and Social Change 54: 141-158. (especially page 148 onwards)

Cooper, B. (2009) The Limits of International Justice. World Policy Journal

Mayerfeld, J. (2004) 'The Democratic Legacy of the International Criminal Court' Fletcher Forum on World Affairs 28(2): 147-56

other reading

Philippe Sands (2006) Lawless World. London: Penguin Books

Inside Justice (2009) The International Court in a New Era. This recent web page based on a hearing at the US House of Representatives gives a useful introductionand brief history of the ICC

Nick Grono (2008) The International Criminal Court:success or failure? Open Democracy website

William Schabas (2006) The enigma of the International Criminal Court's success. Open Democracy website

The official ICC website. Here you can read reports and updates of ICC current cases and evenwatch video of the court in action

ICC Student Network "brings together students from around the world in support of international justice" (lots of material and links)

website for movie 'The Reckoning' showing from March 2009 'the epic story of the battle for the InternationalCriminal Court' complete with video trailer

Wikipedia has numerous pages on the ICC. The best place to start is here with the introduction to the history and structure of the ICC and then go here to look at some of the current cases. This page is fairly up to date (as far as the beginning of 2011)

Crimes against humanity, genocide, war crimes, New Wars - the foundations of international criminal law?

Kaldor, M (2006) New and Old Wars: Organized Violence in a Global Era (2nd Edition) Cambridge: Polity (this is an important background text. You can read theintroduction on Google )

Cawston, R. (2005) Nuremberg andthe legacyof law Open Democracy website

Dworkin, A. (2007) The law and genocide: Bosnia, Serbia, and justice Open Democracy website

Wikipedia web page on Crimes against humanity

Martin Shaw (2007) What Is Genocide? Cambridge: Polity  chapter 2

 Dafur and the indictment of President Omar Bashir of Sudan

Martin Shaw (2009) Sudan, the ICC and genocide: a fateful decision. Open Democracy website

A dilemma over Darfur The Economist 15th July 2008

Waddel, P. and Clark, P. eds (2008) Courting Conflict?  Justice, Peace and the ICC in Africa. London: Royal Africa Society

Wikipedia pages on Dafur

Guardian article by Julie Fint and Alex de Waal  opposing the actions of the ICC regarding Dafur (6 March 2009)

Guardian article by Cherie Blair on the African Union's support for Mr Bashir (18 July 2009)

de Waal, A. (2008) Sudan and the International Criminal Court: a guide to the controversy. Open Democracy website

Accusations of bias on the part of the ICC

Brendan O'Neill (2011) That's a first. The ICC is after Muammar Gaddafi – a man who isn't black (Daily Telegraph March 4th)

BBC News (2011) Libya: ICC prosecutor seeks warrant for Gaddafi (16 May)

Oxford Transitional Justice Research (2010) Debating International Justice in Africa. Collected Essays, 2008–2010. Oxford Centre for Socio-legal Studies/FLJS (parts One and Two)

Disadvantages of the legal approach to post-conflict situations

Chandler, D. (2006). Empire in Denial: The Politics of State-Building. London: Pluto.

Clark, J. N. (2009). The Limits of Retributive Justice: Findings of an Empirical Study in Bosnia and Hercegovina. Journal of International Criminal Justice, 7(3), 463-487.

The South African Truth and Reconciliation Commission