Criminality At Work

From the Master and Servant legislation to the Factories Acts of the 19th century, the criminal law has always had a vital yet normatively complex role in the regulation of work relations. Even in its earliest forms, it operated both as a tool to repress collective organizations and enforce labour discipline, while policing the worst excesses of industrial capitalism. Recently, governments have begun to rediscover criminal law as a regulatory tool in a diverse set of areas related to labour law: 'modern slavery', penalizing irregular migrants, licensing regimes for labour market intermediaries, wage theft, supporting the enforcement of general labour standards, new forms of hybrid preventive orders, harassment at work, and industrial protest. This volume explores the political and regulatory dimensions of the new 'criminality at work' from a wide range of disciplinary perspectives, including labour law, immigration law, and health and safety regulations. The volume provides an overview of the regulatory terrain of 'criminality at work', exploring whether these different regulatory interventions represent politically legitimate uses of the criminal law. The book also examines whether these recent interventions constitute a new pattern of criminalization that operates in preventive mode and is based upon character and risk-based forms of culpability. The volume concludes by reflecting upon the general themes of 'criminality at work' comparatively, from Australian, Canadian, and US perspectives. Criminality at Work is a timely, rich and ambitious piece of scholarship that examines the many intersections between criminal law and work relations from a historical and contemporary vantage-point.

From the Master and Servant legislation to the Factories Acts of the 19th century, the criminal law has always had a vital yet normatively complex role in the regulation of work relations. Even in its earliest forms, it operated both as a tool to repress collective organizations and enforce labour discipline, while policing the worst excesses of industrial capitalism. Recently, governments have begun to rediscover criminal law as a regulatory tool in a diverse set of areas related to labour law: 'modern slavery', penalizing irregular migrants, licensing regimes for labour market intermediaries, wage theft, supporting the enforcement of general labour standards, new forms of hybrid preventive orders, harassment at work, and industrial protest. This volume explores the political and regulatory dimensions of the new 'criminality at work' from a wide range of disciplinary perspectives, including labour law, immigration law, and health and safety regulations. The volume provides an overview of the regulatory terrain of 'criminality at work', exploring whether these different regulatory interventions represent politically legitimate uses of the criminal law. The book also examines whether these recent interventions constitute a new pattern of criminalization that operates in preventive mode and is based upon character and risk-based forms of culpability. The volume concludes by reflecting upon the general themes of 'criminality at work' comparatively, from Australian, Canadian, and US perspectives. Criminality at Work is a timely, rich and ambitious piece of scholarship that examines the many intersections between criminal law and work relations from a historical and contemporary vantage-point.

The working class in New York City was remade in the mid-nineteenth century. In the 1820s a substantial majority of city artisans were native-born; by the 1850s three-quarters of the city's laboring men and women were immigrants. How did the influx of this large group of young adults affect the city's working class? What determined the texture of working-class life during the antebellum period? Richard Stott addresses these questions as he explores the social and economic dimensions of working-class culture. Working-class culture, Stott maintains, is grounded in the material environment, and when work, population, consumption, and the uses of urban space change as rapidly as they did in the mid-nineteenth century, culture will be transformed. Using workers' first-person accounts—letters, diaries, and reminiscences—as evidence, and focusing on such diverse topics as neighborhoods, diet, saloons, and dialect, he traces the rise of a new, youth-oriented working-class culture. By illuminating the everyday experiences of city workers, he shows that the culture emerging in the 1850s was a culture clearly different from that of native-born artisans of an earlier period and from that of the middle class as well.

In this groundbreaking book that is built on decades of work on the front lines of the criminal justice system, expert psychologist Craig Haney encourages meaningful and lasting reform by changing the public narrative about who commits crime and why. Based on his comprehensive review and analysis of the research, Haney offers a carefully framed and psychologically based blueprint for making the criminal justice system fairer, with strategies to reduce crime through proactive prevention instead of reactive punishment. Haney meticulously reviews evidence documenting the ways in which a person's social history, institutional experiences, and present circumstances powerfully shape their life, with a special focus on the role of social, economic, and racial injustice in crime causation. Haney debunks the "crime master narrative"--the widespread myth that criminality is a product of free and autonomous "bad" choices--an increasingly anachronistic view that cannot bear the weight of contemporary psychological data and theory. This is a must-read for understanding what truly influences criminal behavior, and the strategies for prevention and rehabilitation that follow.

Are the unemployed more likely to commit crimes? Does having a job make one less likely to commit a crime? Criminologists have found that individuals who are marginalized from the labor market are more likely to commit crimes, and communities with more members who are marginal to the labor market have higher rates of crime. Yet, as Robert Crutchfield explains, contrary to popular expectations, unemployment has been found to be an inconsistent predictor of either individual criminality or collective crime rates. In Get a Job, Crutchfield offers a carefully nuanced understanding of the links among work, unemployment, and crime. Crutchfield explains how people’s positioning in the labor market affects their participation in all kinds of crimes, from violent acts to profit-motivated offenses such as theft and drug trafficking. Crutchfield also draws on his first-hand knowledge of growing up in a poor, black neighborhood in Pittsburgh and later working on the streets as a parole officer, enabling him to develop a more complete understanding of how work and crime are related and both contribute to, and are a result of, social inequalities and disadvantage. Well-researched and informative, Get a Job tells a powerful story of one of the most troubling side effects of economic disparities in America.

Workplace crimes are never far from the news. From major scandals like Enron to violent crimes committed by co-workers to petty theft of office supplies, deviant and criminal behaviour is common in the workplace. Psychological factors are almost always involved when an employee engages in such behaviour. Deviant and Criminal Behavior in the Workplace offers insights at the level of the individual employee and also sheds light on the role organizations themselves may play in fostering such criminal behaviour. The volume considers psychological factors involved in theft and fraud, workplace violence, employee discrimination, and sexual harassment. It also analyses a number of variables which can influence such behaviour including employee personality, employee emotional processes, experience of occupational stress, organizational culture, organizational injustice, and human resource management practices. The book will be of core interest to those interested in the psychology and sociology of work, organizational behaviour, and human resource management.

Early twentieth-century African American men in northern urban centers like New York faced economic isolation, segregation, a biased criminal justice system, and overt racial attacks by police and citizens. In this book, Douglas J. Flowe interrogates the meaning of crime and violence in the lives of these men, whose lawful conduct itself was often surveilled and criminalized, by focusing on what their actions and behaviors represented to them. He narrates the stories of men who sought profits in underground markets, protected themselves when law enforcement failed to do so, and exerted control over public, commercial, and domestic spaces through force in a city that denied their claims to citizenship and manhood. Flowe furthermore traces how the features of urban Jim Crow and the efforts of civic and progressive leaders to restrict their autonomy ultimately produced the circumstances under which illegality became a form of resistance. Drawing from voluminous prison and arrest records, trial transcripts, personal letters and documents, and investigative reports, Flowe opens up new ways of understanding the black struggle for freedom in the twentieth century. By uncovering the relationship between the fight for civil rights, black constructions of masculinity, and lawlessness, he offers a stirring account of how working-class black men employed extralegal methods to address racial injustice.

Stories of transgression–Gilgamesh, Prometheus, Oedipus, Eve—may be integral to every culture's narrative imaginings of its own origins, but such stories assumed different meanings with the burgeoning interest in modern histories of crime and punishment in the later decades of the seventeenth century. In Criminality and Narrative in Eighteenth-Century England, Hal Gladfelder shows how the trial report, providence book, criminal biography, and gallows speech came into new commercial prominence and brought into focus what was most disturbing, and most exciting, about contemporary experience. These narratives of violence, theft, disruptive sexuality, and rebellion compelled their readers to sort through fragmentary or contested evidence, anticipating the openness to discordant meanings and discrepant points of view which characterizes the later fictions of Defoe and Fielding. Beginning with the various genres of crime narrative, Gladfelder maps a complex network of discourses that collectively embodied the range of responses to the transgressive at the turn of the eighteenth century. In the book's second and third parts, he demonstrates how the discourses of criminality became enmeshed with emerging novelistic conceptions of character and narrative form. With special attention to Colonel Jack, Moll Flanders, and Roxana, Gladfelder argues that Defoe's narratives concentrate on the forces that shape identity, especially under conditions of outlawry, social dislocation, and urban poverty. He next considers Fielding's double career as author and magistrate, analyzing the interaction between his fiction and such texts as the aggressively polemical Enquiry into the Causes of the Late Increase in Robbers and his eyewitness accounts of the sensational Canning and Penlez cases. Finally, Gladfelder turns to Godwin's Caleb Williams, Wollstonecraft's Maria, and Inchbald's Nature and Art to reveal the degree to which criminal narrative, by the end of the eighteenth century, had become a necessary vehicle for articulating fundamental cultural anxieties and longings. Crime narratives, he argues, vividly embody the struggles of individuals to define their place in the suddenly unfamiliar world of modernity.

Illustrates the ways that the “war on crime” became conjoined—aesthetically, politically, and rhetorically—with the emergence of gangsta rap as a lucrative and deeply controversial subgenre of hip-hop In The Mark of Criminality: Rhetoric, Race, and Gangsta Rap in the War-on-Crime Era, Bryan J. McCann argues that gangsta rap should be viewed as more than a damaging reinforcement of an era’s worst racial stereotypes. Rather, he positions the works of key gangsta rap artists, as well as the controversies their work produced, squarely within the law-and-order politics and popular culture of the 1980s and 1990s to reveal a profoundly complex period in American history when the meanings of crime and criminality were incredibly unstable. At the center of this era—when politicians sought to prove their “tough-on-crime” credentials—was the mark of criminality, a set of discourses that labeled members of predominantly poor, urban, and minority communities as threats to the social order. Through their use of the mark of criminality, public figures implemented extremely harsh penal polices that have helped make the United States the world’s leading jailer of its adult population. At the same time when politicians like Ronald Reagan, George H. W. Bush, and Bill Clinton and television shows such as COPS and America’s Most Wanted perpetuated images of gang and drug-filled ghettos, gangsta rap burst out of the hip-hop nation, emanating mainly from the predominantly black neighborhoods of South Central Los Angeles. Groups like NWA and solo artists (including Dr. Dre, Snoop Dogg, and Tupac Shakur) became millionaires by marketing the very discourses political and cultural leaders used to justify their war on crime. For these artists, the mark of criminality was a source of power, credibility, and revenue. By understanding gangsta rap as a potent, if deeply imperfect, enactment of the mark of criminality, we can better understand how crime is always a site of struggle over meaning. Furthermore, by underscoring the nimble rhetorical character of criminality, we can learn lessons that may inform efforts to challenge our nation’s failed policies of mass incarceration.