Collaboration Obstacles and Success: Described and Observed Experiences of Police and Border Guards’ in the Baltic Sea Area Basic, Goran; Yakhlef, Sophia

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Basic, Goran; Yakhlef, Sophia

2015

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Basic, G., & Yakhlef, S. (2015). Collaboration Obstacles and Success: Described and Observed Experiences of Police and Border Guards’ in the Baltic Sea Area. 137-137. Abstract from 15th Annual Conference of the European Society of Criminology. Criminology as unitas multiplex: Theoretical, epistemological and methodological developments, Porto, Portugal. https://www.esc-

eurocrim.org/images/esc/files/Eurocrim2015_Book_Of_Abstracts.pdf Total number of authors:

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15th Annual Conference of the European Society of Criminology

Criminology as unitas multiplex:

Theoretical, epistemological and methodological developments

BOOK OF ABSTRACTS

Porto, 2-5 September 2015

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The abstracts are published as submitted by authors.

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PLENARY SESSIONS

PLENARY SESSION 1 – CRIMINOLOGY AS UNITAS MULTIPLEX

Chair: Michael Tonry (University of Minnesota, USA)

PL1-1

Can Criminology become an unitas multiplex? Philosophical, methodological and pragmatic issues

Cândido da Agra (University of Porto, Portugal)

The author answers this question in three parts.

In the first part he addresses the question at the light of Philosophy of Knowledge and Science, using the Foucauldian archeologic method. What is it revealed by this inquiry into the archeologic territories of Criminology? By the end of the XIX century and during the first decades of the XX century, Criminology reached a level of knowledge that obeyed to the rules of the scientific method, such as coherence of statements and concepts, norms of verification, and the critic supported by the scientific method, etc.

This was followed by a contradictory period of about 50 years (from the forties to the nineties) which represented both an advance and a retreat for the project of scientific Criminology. The sub-period that went until the end of the Second World War was characterized by a will of making Science and of specialization. This was the advance.

The second sub-period, from the end of the Second World War, was characterized by the infiltration of ideology, the labeling of psychologic and biologic approaches, and methodologic anarchy. This was the retreat. The most recent period, since the late eighties and the beginning of the nineties, was characterized by the still hesitant re- emergence, or resurrection, of Criminology as a scientific domain.

In the second part, C. da Agra focuses exclusively on the characterization of Criminology as a Science. He does it based on insights from the epistemology of Th. S.

Kuhn, namely the concepts of scientific community, paradigm, and scientific revolution. He argues that over the last fifty years there has been a revolution in Science as a whole. What is the behavior of Criminology at the face of this revolution?

There are several indicators that show adaptation to new scientific paradigm. Among

others is the emergence of Biosocial Criminology, Developmental Criminology, and, in

general, the paradigm of Epigenetics and the framework of Gene-Environment

interactions.

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In the third part, using the North American pragmatic and neo-pragmatic philosophy as inspiration, C. da Agra defends the importance of the research - action link and of practical problem-solving. What are the major social problems addressed by Contemporary Criminology? Security, victims, terrorism, cybercrime, drug-crime relation, migration, sexual offenses, bulling… Criminology must adapt itself to the recent changes in the criminal phenomenon. Has Criminology put into practice the proper mechanisms to respond to the new challenges? Here are some indicators: Pre- crime Criminology, Risk prevention Criminology, Narrative Criminology. Criminal and prevention policies must be guided by a new Criminology that is both scientific and pragmatic.

Can Criminology become a unitas multiplex? The scientific revolution in Science, on one hand, and the current problems that we might clarify and help solving, on the other, force the criminological scientific community to answer: yes. Criminology can and must become a unitas multiplex.

PLENARY SESSION 2 – COMMUNICATIONAL BRIDGES BETWEEN BIOLOGICAL AND SOCIAL SCIENCES: THE RELEVANCE OF BIOSOCIAL APPROACHES IN CONTEMPORARY CRIMINOLOGY

Chair: Carla Cardoso (University of Porto, Portugal)

PL2-1

Developmental origins of chronic physical violence: Why environment and genes matter

Richard Tremblay (University of Montreal, Canada & University College of Dublin,

Ireland)

An increasing number of longitudinal studies of singleton and twins initiated at birth or during the first few years of life are showing that physical aggressions are more frequent in early childhood than at any other time during the life-span. Although these studies show clear genetic impacts on the tendency to physically aggress, there is growing evidence from longitudinal studies that environmental factors during pregnancy and early childhood also impact the development of chronic physical aggression through gene expression (epigenetics) and psycho-social mechanisms.

These studies suggest that preventive interventions of chronic physical aggression

should start during pregnancy because they are much more likely to be effective and

substantially decrease the costs of criminal behavior during adolescence and early

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females as the key target for intergenerational prevention of chronic physical aggression.

PL2-2

The Humanity of Biosocial Criminology: Building a Relevant Science for Positive Change

John Paul Wright (University of Cincinnati, USA)

Contemporary criminologists now have an array of evidence linking human biological functioning to a range of traits and behaviors—including criminal behavior. Despite the broad base of empirical evidence drawn from a variety of disciplines, the future of biosocial criminology remains uncertain. In this discussion I argue that the forces underpinning this uncertainty are the same forces that banished biological theorizing from the social sciences more than 100 years ago. Current antipathy towards biosocial criminology is the product of motivated political reasoning—a type of reasoning that justifies false beliefs and the exclusion of evidence. As Haidt (2012) notes, motivated reasoning is rooted in affectively moral processes that can and do trump scientific evidence—even amongst scientists. In this vein, the core moral concern appears to be that linking biology to behavior not only invites harsh sanctions against offenders but also justifies the withdrawal of social welfare efforts by the State. Less often considered, however, is how biosocial criminology can be used to more effectively and more efficiently intervene in the lives of offenders across the life-course. I reject the narrative that biosocial criminology inalterably leads to harsh and repressive sanctions and provide a blueprint for building a relevant science for positive change—change not only for offenders but also for criminologists.

PLENARY SESSION 3 – SOCIAL EXPERIMENTATION AND DRUG POLICIES

Chair and discussant: Serge Brochu (Université de Montréal, Canada)

PL3-1

Portuguese decriminalization of drug use and law enforcement: Impact and perceptions of its effectiveness

Jorge Quintas (University of Porto, Portugal)

The communication presents the empirical work on the Portuguese drug use

decriminalization law developed at the School of Criminology, Faculty of Law,

University of Porto. The first part examines the Portuguese experience, making a brief

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reference to the decriminalization law, and presenting a critical analysis of longitudinal data about law enforcement, drug use and drug related harms. Additionally, it also presents international comparative data. In general, decriminalization law did not affect decisively drug use trends, it was followed by a decrease in drug use related harms, and allowed a more effective bridge between the legal and the health systems.

The second part presents survey results concerning attitudes to the legal regulation of drugs, knowledge of the law, and predictors of drug use. The results of those studies highlight the public preference for alternatives to coercive sanctions, the limited public awareness of the law, and the relative irrelevance of deterrence factors for drug use.

The final part of the communication argues that the effectiveness of multiple experiences on the legal regulation of drugs must be reconciled with the debate concerning the legitimacy of drug use prohibition.

PL3-2

What is the impact of drug policy? Insights from narrative criminology Sveinung Sandberg (University of Oslo, Norway)

Advocates for very different drug policies share a fairly straightforward understanding of the relationship between policy and practice. Whether inclined to punish or to reduce harm, they tend to assume that individuals will either stop or reduce the risks of drug use provided the right incentives. However, policies do not influence drug use directly, but are taken up in the narrative life-world of drug users and then acted upon.

Stories and practices of official agencies are melted with those of (sub) cultures

creating the symbolic meaning of drugs that fashion use. Combining a decade of

ethnographic studies with insights from narrative criminology, Sandberg reveals how

drug use thrive on being oppositional and destructive, hence the sometimes

counterintuitive effects of drug policy. Starting with the paradoxes of Nordic drug

policy – caught between a harsh punitive approach and a powerful harm-reduction

apparatus – this research illuminates how policies are conveyed on the street and in

drug-using subcultures.

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21 PLENARY SESSION 4 – EMPIRICAL AND THEORETICAL RESEARCH INTEGRATION IN SECURITY ISSUES

Chair: Frieder Dünkel (University of Greifswald, Germany)

PL4-1

Criminology and the nation state: globalization, migration and sovereignty Katja Franko (University of Oslo, Norway)

The paper explores how contemporary penal practices and imaginations are shaped by, and shaping, the borders of the nation state, and how the enforcement of immigration control is affecting contemporary European criminal justice systems. It examines the transformations of sovereignty which are unfolding through the progressive intertwining of criminal law and immigration law, security, and humanitarian concerns. It further discusses how the lack of formal citizenship status affects the procedural and substantive standards of justice afforded to non-members.

PL4-2

Security and Pre-Crime Criminology – New Perspectives?

Hans-Jörg Albrecht (Max Planck Institute for Foreign and International Criminal Law in

Freiburg, Germany)

Still another turn continues to affect criminology. This turn has origins outside the conventional fields of criminological studies and research, moves security to the center of attention and reflects, as Lucia Zedner has suggested (2007), a change from a post crime to a pre crime society. The turn results evidently in the need for adaptation in the criminological discipline. In fact, security related studies mushroom, not in criminology but in other disciplines, and criminal law becomes increasingly part of general security (and risk containment) policies, security laws (and a new

“architecture” of security) which seek to optimize effective and pre-emptive protection against dangerous sexual offenders, school shooters, terrorists and mafia organizations. Political discourses in the field of criminal law reform are dominated by

„security gaps“ and how to close perceived security gaps through the increasing use of

“endangering offences”, the widening of police powers in the collection of intelligence

on threats to security or data mining, streamlining the exchange of information and

intelligence between police, law enforcement and security/intelligence forces and the

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implementation of criminal (and administrative) sanctions and programs guided by the goal of risk containment. The emphasis on security brings with it also changes in perspectives on criminal punishment and the analysis of crime. With security the victim and in particular future victims move to the center of criminal policies. In the analysis of crime threat assessments prevail today. The analysis of the past is replaced by forecasts and the construction of possible future scenarios, in particular prediction of the course of serious crime and the establishment of early warning systems. Various challenges for criminology are the result of these changes. Criminology, moreover, is called to contribute to the generation of ideas on how a secure (or safe) society should look like.

Zedner, L.: Pre-Crime and Post-Criminology? Theoretical Criminology 11 (2007), pp.

261-281.

PRESIDENTIAL ADDRESS

Proliferation of Criminological Theories in an Era of Fragmentation

Gerben Bruinsma (Netherlands Institute for the Study of Crime and Law Enforcement,

The Netherlands)

In this presidential address I reflect on the theme of this year’s annual meeting by

addressing the issue of the overwhelming number of theories in criminology, as well a

brief assessment of the quality of these theories. I sketch the evolution of the

discipline and some of its features that led to the current state of affairs. The discipline

possesses a mixture of hundreds of perspectives, definitions, ideas, sketches, multiple

factors, theories, and single hypotheses that are partly true and partly untrue, and

none are completely true or untrue. I will argue that, among other factors,

criminologists apply no rule to distinguish between true and untrue theories. I raise

the question whether this situation is good or bad for criminology. I discuss future

challenges of the discipline, while urging researchers to design more epistemological

and methodological studies.

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PARALLEL SESSIONS

1.1 MIGRATION, PRISON AND LAW ENFORCEMENT

Chair: Ines Hasselberg & Steven De Ridder Discussant: Jason Warr

0001 - FOREIGNERS IN PRISONS IN THE XXI CENTURY Maria João Guia (Portugal)²; Sílvia Gomes (Portugal)¹

1 - University of Minho and University Institute of Maia; 2 - University of Coimbra

According to Walmsley, more than 10.2 million people worldwide are in reclusion for criminal proceedings, totalizing 11 million persons deprived of liberty, if added preventive and administrative arrests. European states have been assisting to a general increase in reclusion, which has been pointed out as a decision to increasingly criminalize behaviours and hardening and lengthening sentences, rather than a result of an actual increase in crime registration. The rate of prisoners per 100,000 worlds’ inhabitants calculated for 2010, were 168 prisoners per 100,000 inhabitants, of which 11.84% were non-nationals of the countries where they were in reclusion. Nevertheless, and taking into account foreign prisoners in destiny countries, the countries of Northern Europe (Denmark, Finland, Norway and Sweden) present an average below 75 prisoners per 100,000 inhabitants. The Netherlands, by contrast, is reported to have adopted increasingly punitive policies, presenting in 1992 a rate of 49 prisoners per 100,000 inhabitants and 123 prisoners per 100,000 inhabitants in 2008, contrasting with Denmark, whose rate remained in both years by 66 prisoners per 100,000 inhabitants. Portugal has an average that, within the context in which it appears, is not low: in the calculation of countries ranked below 150 prisoners per 100,000 inhabitants, Portugal (n = 136 prisoners per 100,000 inhabitants) has the third highest number (preceded by the UK and Spain, with 148 and 147 prisoners per 100,000 inhabitants, respectively). Looking at the International Centre for Prison Studies ranking data of countries with bigger percentages of non-nationals in prisons, we realize that the top ones (Monaco, Switzerland, Luxembourg, Andorra) are all countries with a traditional story of receiving immigrants.

Considering the international data on foreigners in prison, the international public policies in this matter, and the work that both presenters have been developing in this field of studies in Portugal, in this communication it will be discussed some of the possible reasons behind the rising number of non-national inmates in receiving countries. Some of these questions will be addressed: Are the crimes foreigners being charged the explanation for their overrepresentation in prison? Are we assisting to a higher condemnation of foreigners through Europe? Are we sentencing differently national and foreign population? Are there different

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systems for foreigners and for nationals? Are we punishing the ex-colonies populations through prison?

0002 - WHEN ‘FOREIGN CRIMINALS’ DON’T LOOK ALL THAT FOREIGN: BEYOND ‘MIGRANTS ARE NOT CRIMINALS’ AND TOWARD A RADICAL ACCOUNT OF CRIME, DEPORTATION AND RACISM.

Luke De Noronha (United Kingdom)¹ 1 - University of Oxford

‘Foreign criminals’ are now central to debates about immigration in the UK. They animate intense hostility among politicians and journalists, and receive little public sympathy from migrant advocates. When migrant advocates (and academics) discuss ‘foreign criminals/prisoners’, they tend to reassert the distance between noncitizen offenders – who are often portrayed as victims, whether of traffickers, origin societies, or immigration laws – and ‘real’ or ‘home-grown’ criminals. This distancing is usually implicit and it might work for some migrants, but it cedes important ground. It assumes that noncitizen offenders are distinct from citizen offenders; sometimes they are not. Not all ‘foreign prisoners’ are convicted for immigration crimes; many look remarkably similar to (racialised) British prisoners.

With this in mind, I suggest that scholars and activists working in relation to ‘foreign prisoners’

have much to gain from a dialogue with critical literature on racism and the criminal justice system. ‘Foreign criminals’ are imagined and constructed through racialised stereotypes, as are many citizen offenders. Consequently, scholars need to unearth the racist imaginaries fuelling these debates, rather than seeking to distance noncitizen offenders from ‘home-grown criminals’. Thinking critically about the criminal justice system, questioning how penalisation operates to further marginalise economically and racially subjugated groups, should unsettle rallying calls like, ‘migrants are not criminals’. It might be more accurate to argue that ‘foreign criminals are not migrants’, but this still invokes administrative state categories (mistaking categories of practice for categories of analysis). More radically, we might suggest that both criminal justice systems and deportation regimes fail to deal with social insecurity and instead mirror and perpetuate racist imaginaries.

While scholars are right to draw attention to the increasing criminalisation of immigration violations and the specific vulnerabilities faced by ‘foreign prisoners’, it is not always the case that noncitizen offenders are recognisably distinct from citizens. Rather than seeking distance from ‘home-grown criminals’, migrant advocates should explore the ways in which both noncitizen and citizen offenders are positioned in relation to state practices which punish poor and often racialized individuals.

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25 0003 - ENVISIONING RELEASE. FOREIGN-NATIONAL PRISONERS, RETURN AND THE MANAGEMENT OF SENTENCE TIME.

Ines Hasselberg (United Kingdom)¹

1 - Centre for Criminology, University of Oxford

This paper examines how the end of the sentence is envisioned and planned for by foreign- national prisoners subject to deportation orders. Drawing on ethnographic research conducted in a prison establishment exclusive to foreign-national prisoners in the United Kingdom (UK), the paper discusses the different ways foreign-national prisoners negotiate the tension between wanting to remain in the UK upon the end of their sentence and the incentives offered by voluntary return schemes (such as money and reduction of sentence time). For most this is a decision-making process that will not take place until half-way through the sentence. Focusing on how foreseeing release translates into the management of time in custody, reveals that deciding one’s course of action upon the end of the sentence - whether it be appealing deportation or agreeing to voluntary return - bears great impact on the daily experience of life in prison, particularly with regards to uncertainty, family relations, rehabilitation efforts and the choice of education/work activities to take on in prison.

0004 - FOREIGN-NATIONAL PRISONERS’ PERCEPTIONS ON IMPRISONMENT AND EXPULSION Steven De Ridder (Belgium)¹

1 - Vrije Universiteit Brussel

In Belgium, foreign national prisoners can be deported to their home country after having served partially their sentence under the provisional release in view of expulsion procedure.

Sentence implementation courts installed in 2006 grant this specific early release procedure based on four contra-indications: (1) the possibility to have shelter, (2) the risk of committing new offences, (3) the risk to harm victims and (4) the efforts to pay the civil parties.

Pending the preparation of this procedure that starts within prison, they are there also immediately confronted with migration law enforcement when migration officers visit them in view of expulsion. The perceptions of foreign-national prisoners on their imprisonment, the release from prison and the threat of expulsion learns us to what extent the penal landscape today is adapted to migration law enforcement and what it currently lacks. This paper will discuss how foreign-national prisoners find themselves caught in limbo between legal goals while trying to make the best out of imprisonment and making plans for the future.

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1.2 CHILDREN'S RIGHTS AND PROCEDURAL JUSTICE Chair: Jenneke Christiaens

0005 - THE RIGHT TO COMPLAIN FOR JUVENILES WHO ARE DEPRIVED OF THEIR LIBERTY:

SOME METHODOLOGICAL THOUGHTS.

Esther De Graaf (Belgium)¹; Jenneke Christiaens (Belgium)¹; Els Dumortier (Belgium)¹ 1 - Vrije Universiteit Brussel

This contribution is part of a broader research project called ‘Minors behind bars: between resistance and rights’. Many studies have already paid attention to children’s rights in the light of incarceration of juveniles. Others have focused on the experiences of young people in detention. However, there aren’t many studies that place the focus on both: the experiences and the rights of children in detention. Therefore, with this research we want to know how juveniles experience the detention regime and this we will try to examine by looking at the right to complain. The right to complain can be an important instrument in giving voice to these juveniles. Their use of the right to complain can give us more insight in how juveniles experience their time in the juvenile institutions. In Belgium juveniles in institutions can only complain on an informal way. This in contrast with the Netherlands, where a formal complaint procedure is provided. This contradiction has encouraged us to set up a comparative study between Belgium and the Netherlands.

To understand how juveniles experience their deprivation of liberty, we will make use of a methodological approach that is threefold. First we will analyze discipline and punishment records and files. Second, we will do participant observations and third, we will do some interviews with the juveniles and the staff to better understand the observed behavior.

The aim of this contribution is to present the research design of this project and to reflect upon the possible methodological/deontological difficulties we may encounter during the fieldwork.

0006 - CRIMINALISATION THROUGH JUVENILES RIGHTS: THE CASE OF THE RIGHT TO BE HEARD OF CHILDREN IN CONFLICT WITH LAW

María José Bernuz Beneitez (Spain)¹ 1 - University of Zaragoza

The discussion on the meaning of children's rights or on the importance of their introduction in

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27 two reasons. On one hand, from the perspective of the concept of justice, because the way in which the rights are held and implemented creates a sense of justice or injustice of judicial and administrative interventions. This sense of justice (or not) can affect the legitimacy of the institution itself and the justification of their decisions. On the other hand, by a practical matter, because that sense of justice or injustice of the judicial or administrative decisions may make children obey more or less spontaneously. The right to be heard of children in conflict with the law is a clear example or this.

It's assumed that the Convention on the Rights of the Child transforms the child's image thus changing the paternalistic intervention pattern. A child is defined as a subject of law and rights whose opinion should be heard and taken into account when his/her maturity conditions so require. In fact, the child's right to be heard extends to any intervention that may affect him/her, including those actions imposed by juvenile justice. However, although the child's right to be heard is easily stated, its implementation is very complex and any form of malpractice can have dramatic consequences. So, we would like discussing the meaning of this right in the light of international standards, the broad complexity of its successful implementation, and their specificities in the context of juvenile justice. It will also underline the importance of a proper implementation, for it is linked to some issues of procedural and interpersonal justice, and especially for the sense of justice or injustice that young people can be encouraged with.

0007 - THE RIGHT TO BE HEARD IN JUVENILE JUSTICE: A COMPARATIVE PERSPECTIVE ON YOUTH COURT PRACTICES IN EUROPE

Stephanie Rap (Netherlands)¹; Ton Liefaard (Netherlands)¹ 1 - Department of Child Law, Leiden University Law School

The right of the child to be heard (art. 12 CRC) is considered to be one of the fundamental values of the UN Convention on the Rights of the Child (CRC). For children (allegedly) in conflict with the law, art. 12 CRC implies that they should be enabled to give their personal views on the criminal case and that professionals in court must consider these views seriously. The right to be heard presupposes that children understand what happens during judicial proceedings;

that they should be provided with adequate information and that they should be able to understand the language that is used. In addition, art. 12 CRC has served as a catalyst for the right to effective participation as part of children’s right to a fair trial.

Important links can be drawn between the right to be heard and the theoretical notion of procedural justice. This notion explains that a decision-making procedure is perceived to be fair by people, when they had the chance to express their views on the case and when the decision-maker takes their contribution into account. Moreover, understanding the procedure contributes to understanding the manner in which the decision is reached and this in turn contributes to the perceived fairness of the procedure.

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In this paper, we will explain the relationship between international children’s rights law concerning the right to be heard and the notion of procedural justice. Moreover, we will present findings from a comparative study on the participation of juvenile defendants in youth court proceedings in Europe. We will focus specifically on the extent to and manner in which juveniles are heard in court by professionals. Overall, it can be concluded from this study that structural differences between juvenile justice systems, such as the legal tradition (i.e. the inquisitorial and the adversarial tradition) and the setting in which hearings take place, have an important influence on how the implementation of the right to be heard takes shape.

0008 - WHEN SALDUZ MET MIRANDA: POLICE INTERROGATIONS AND CHILDREN'S RIGHTS: A COMPARATIVE PERSPECTIVE

Els Dumortier (Belgium)¹; Sofie De Kimpe (Belgium)¹; Camille Claeys (Belgium)¹ 1 - Vrije Universiteit Brussel

Police interrogations of juvenile suspects are at the starting point of each juvenile justice procedure against juvenile offenders. Available US research suggests that particularly juveniles would be vulnerable for manipulative and potentially coercive techniques police uses to get suspects to incriminate themselves. It is precisely because of this juvenile’s vulnerability that the UNCRC proclaims a child friendly approach also during police interrogations. However, the US never signed this convention. Moreover, the American police interrogation practice of juveniles is located in an adversarial, common law system where as the Belgian system is located in an inquisitorial, civil law system. Furthermore, Belgium did sign the UNCRC and is also laurelled for its welfare culture towards young suspects and offenders. Due to these differences one could predict a (more) “adult like” approach during police interrogations of young suspects in the US as contrasted with Belgium. However, in both countries, revolutionary rulings (Miranda, Supreme Court, US and Salduz, Eur. Court Human Rights) set stricter requirements to police interrogations. We thus can find also several similarities in procedural safeguards, such as the right to information and to the presence of a legal counsel (when being arrested). Nevertheless, differences do exist, for instance the impossibility to waive legal counsel for juveniles interrogated by Belgian police.

The aim of this contribution therefore is to investigate what are the main differences and similarities between police interrogations of young suspects in the US and in Belgium and how can we explain them? Besides this analysis of the rights foreseen in the law (children’s rights in books), we also question whether and how these rights are applied in practice (children’s rights in action). Do Belgian police interrogators actually interrogate juveniles with a different mindset and a more child specific approach? (How) can we observe different approaches in daily practice?

In order to analyse children’s rights in practice, we will, on the one hand, use empirical results

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29 research can provide important insights into the legal and practical differences between a (more) “child specific” approach of children’s rights (in Belgium) and a (more) “adult like”

approach of children’s rights (in the US).

1.3 RESEARCH NETWORK ON BIKER CRIME (RNBC) - POLICING OUTLAW MOTORCYCLE GANGS

Chair: Edward Kleemans

0009 - VIOLENCE AS A GROUP PHENOMENON AMONG DANISH OUTLAW BIKERS?

Christian Klement (Denmark)¹

1 - University of Copenhagen, and Danish Ministry of Justice

This study examines whether or not levels of violence in outlaw motorcycle clubs and gangs might be causally linked and why that may be. The Danish National Police has provided unique data on 640 individuals affiliated with outlaw motorcycle clubs or gangs in or nearby Greater Copenhagen, Denmark, while Statistics Denmark has provided high quality register data on their violent crimes and background characteristics. Cox proportional hazards regression models with multiple events is used to predict 108 violent events committed in a population of 196 individuals affiliated with Hells Angels MC using independent variables such as violence among individuals affiliated with four selected Copenhagen gangs, violence among individuals affiliated with Bandidos MC and a police activity proxy among others. The studied period covers mid 2008 to spring 2012 in which violent episodes between individuals affiliated with Hells Angels MC and four gangs took place in Copenhagen. Under certain noteworthy assumptions, the result shows that violence among individuals affiliated with Copenhagen gangs is associated with violence among individuals affiliated with Hells Angels MC. The interpretation could be that the violence is partially a group phenomenon and not solely an individual activity. The study elaborates theoretically on the facilitation hypothesis regarding groups and crime, expands the litterateur on a very inaccessible group and their crime, demonstrates outside the US that levels of violence in different groups are associated, and connects with similar lines of research in other disciplines.

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0010 - AUSTRALIAN RESPONSES TO OUTLAW MOTORCYCLE GANGS: THE STORY, THE LESSONS AND THE POTENTIAL OF ‘PEOPLE POWER’

Julie Ayling (Australia)¹

1 - Australian National University, Regulatory Institutions Network, Canberra, Australia

Over the past six years, governments around Australia – national, state and territory - have passed a huge amount of legislation designed to disrupt the criminal activities of outlaw motorcycle gangs (OMCGs). Still, more legislation is being planned. There has also been an unprecedented amount of police attention on OMCGs, including the establishment of many dedicated taskforces. The focus of all these legislative and law enforcement efforts has been on limiting the abilities of OMCG members to communicate with each other, to appear en masse in public, and to continue with (criminal) business-as-usual. The approach has been highly punitive and socially divisive.

This paper briefly describes the various tranches of legislative responses that have been put in place – control orders, consorting laws, mandatory sentencing, and various types of regulatory provision – their pros and cons and their implementation. The paper then turns to whether there could be alternative or complementary approaches that would be less exclusionary. It draws on examples from other jurisdictions of approaches that employ ‘people power’, both to cripple the power of criminal groups and to reintegrate their members into society.

0011 - CRIMINAL TRAJECTORIES OF MEMBERS OF DUTCH OUTLAW BIKER CLUBS

Arjan Blokland (Netherlands)¹; Laurien Wubbels (Netherlands)³; Melvin Soudijn (Netherlands)² 1 - NSCR / Leiden University; 2 - National Police; 3 - Groningen University

Outlaw biker clubs have been repeatedly associated with serious and violent crime, including drug trafficking, extortion and murder. Yet, given the impervious nature of outlaw biker clubs, little is known about the criminal histories of individual outlaw bikers. To fill this gap, this study examines the criminal trajectories of members of outlaw biker clubs using police data on a sample of 601 Dutch outlaw bikers. The sample consists of individuals that were registered by the Dutch police as wearing club colours at least once during the years 2008-2013. Court records were then used to reconstruct the criminal histories of those in the sample. Findings indicate that over 80% of the sample is registered as a crime suspect at least once. One in four of those registered as a crime suspect gained over ten registrations prior to 2013. Nearly half of the sample has at least one registration pertaining to violent crime. Using semi parametric group based modelling we distinguish several criminal trajectories differing in the level of crime, onset age, peak age of criminal involvement, as well as the duration of the criminal career. The association between these criminal trajectories and the formal position in the club

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31 1.4 MENTAL HEALTH AND MENTAL HEALTH CARE IN EUROPEAN PRISONS

Chair: Kirstin Drenkhahn

0013 - PRISON MENTAL HEALTH CARE – EUROPEAN BACKGROUND Kirstin Drenkhahn (Germany)¹

1 - Freie Universitaet Berlin

The importance of sufficient mental health care for prisoners is emphasised in the European Prison Rules and other European prison law. The European Court of Human Right has even found insufficient health care for mentally disordered prisoners to constitute inhuman or degrading treatment in the meaning of art. 3 of the European Convention of Human Rights.

Still, mental health care services in many European prisons have problems meeting the needs of their patients. These needs are – compared with the general population – highly elevated as research on psychiatric problems in prisoners’ shows. Mental disorders such as substance abuse, psychotic, affective, anxiety and personality disorders or post-traumatic stress disorder make life for these prisoners and their surroundings very difficult. They affect for example their eligibility for participation in offending behaviour programmes and thus have an impact on prisoners’ progression through the prison system. They also increase the risk of suicide.

The presentation outlines the problems that research on mental health in prisons faces, gives a brief overview of the relevant European law and the jurisprudence of the European Court of Human Rights, and presents findings on mental health in prisoners in Europe.

0014 - CORRECTIONAL CLIMATE AND THE MENTAL HEALTH OF YOUNG PRISONERS: A LONGITUDINAL STUDY

Leonel Gonçalves (Switzerland)¹

1 - Canton Zurich, Directorate of Justice and the Interior, Office of Corrections, Department of Mental Health Services, Research and Development Division

Prior studies evidenced that prisoners’ perceptions of the correctional climate are related with their behaviour in prison, but its influence on young prisoners’ mental health during incarceration is unknown. Given the high prevalence of mental health problems among this population, such knowledge is important. Therefore, the aims of this study were twofold: (1) to examine changes in young prisoners’ perception of the correctional climate and their mental health problems over time in prison; and (2) to examine the longitudinal relationship between prisoners’ perceptions of the correctional climate and their mental health. Data were obtained from a sample of 75 males (17 to 22 years) in a Portuguese prison detaining exclusively young offenders. Data were collected 1, 3, and 6 months after their admission in the penitentiary. Mental health problems were measured through the Brief Symptom

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Inventory (Derogatis, 1993) and perceptions of the correctional through the Prison Environment Inventory (Wright, 1985). Prisoners’ level of education, penal status, and history of mental health treatment were included as control variables. Multilevel regression models were employed to analyse the data. The results indicate that young prisoners’ perceptions of the correctional climate improved over time while their mental health problems declined. Yet, no significant mean differences were observed. Young prisoners’ perceptions of the correctional climate were the strongest predictor of their mental health and accounted for 8%

of the total variance, after controlling for co-variates. The findings suggest a causal relationship between better perceptions of the correctional climate and lower levels of mental health problems during incarceration. Improving the prison environment may help to enhance young prisoners’ well-being and the management of prison institutions.

0015 - HEALTH PROBLEMS AND HEALTH CARE UTILIZATION IN DUTCH PRISONS Anja Dirkzwager (Netherlands)¹; Paul Nieuwbeerta (Netherlands)²

1 - Netherlands Institute for the study of Crime and Law Enforcement (NSCR); 2 - Leiden University, Institute for Criminal Law and Criminology

Compared with the general population, prison populations experience serious (mental and physical) health problems. Prior to imprisonment, inmates are often unknown to general health care. In this regard, correctional institutions offer an important opportunity to improve prisoners’ health. In the Netherlands, prisoners have free access to health care – e.g. medical, psychological, and dental - that should meet the same quality as health care in the open society. At present, relatively little is known about health care use in prisons and how inmates evaluate this health care. In the present study, we will explore the course of prisoners’ mental health problems during their time in prison, their use of health care in prison, and how they think about their contacts with health care services. To examine this, data are used from the Prison Project, a nationwide and longitudinal study examining about 1.900 male prisoners in the Netherlands. Participants were questioned 3 weeks after their arrival in pre-trial custody.

Those who were still in prison were questioned again 3, 9, and 18 months after their arrival in prison. At each measurement wave, participants were questioned about their current mental health problems, their contacts with caretakers (e.g. psychologist, psychiatrist, doctor, chaplain), and how satisfied they were with these contacts. Preliminary results showed that about a third of the prisoners with very high levels of mental health problems upon their arrival in custody did not see a psychologist in the following months of their custody. In addition, about half of the prisoners with very high levels of mental health problems in the first weeks of their custody did not see a psychiatrist in the following months. Findings about how the inmates think about their contacts with caretakers will be presented as well, and the implications of the results will be discussed.

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33 0016 - PSYCHOLOGICAL POWER VERSUS MENTAL HEALTH CARE IN BELGIAN PRISONS

Caroline Devynck (Belgium)¹ 1 - Vrije Universiteit Brussel

The PhD-research regarding ‘Mental suffering and euthanasia requests by prisoners’ has raised questions regarding mental health care in Belgian prisons. Belgium is one of the three countries in the world where euthanasia can be granted and performed by physicians, if all the conditions of the Euthanasia Act of 28 May 2002 are met. In this research, all euthanasia requests received from prisoners and incarcerated mentally ill offenders in Belgian prisons are taken into account. Due to the sensitive nature of the topic, a qualitative research method is being used. This method entails face-to-face semi-structured interviews and an analysis of prison records. The overrepresentation of incarcerated mentally ill offenders made us focus on the problem of internment. In Belgium, interned mentally ill offenders are considered as not criminally liable due to the presence of a severe mental illness that resulted in the lack of control over their actions. Therefore, they cannot be punished but are placed under the protection measure as stipulated in the Act regarding the Protection of Society of 1964.

Although the judge imposes the protection measure, the ground for this decision is based on forensic psychiatric reports regarding the offender. These reports are not only crucial for the judge’s decision-making but also further on in detention. This raises questions regarding the power of the psychological reports of forensic experts and members of the psychosocial services that have preliminary an advising function. Many mentally ill offenders although not sentenced, still end up in prison and this is where the problem of adequate mental health care becomes crucial.

0017 - WELLBEING AND STRATEGIES FOR COPING IN PRISON FOR YOUNG OFFENDERS IN ENGLAND

Anita Mehay (United Kingdom)¹; Rosie Meek (United Kingdom)¹; Jane Ogden (United Kingdom)²

1 - Royal Holloway University of London; 2 - University of Surrey

This paper will present a series of case studies into the strategies and tactics employed by young adult offenders to cope and stay healthy within a young offender institution in England.

Prisons are undoubtedly settings of power inequalities (Bosworth and Carrabine, 2001) where offenders sent to prison, enter a complex world of values, rules and rituals where the health and wellbeing of prisoners are shaped or influenced by their prison experience (De Viggiani, 2007). As described by Goffman, (1961), ‘Total institutions’ like prisons are characterised by closure, the reconstruction of everyday life according to a tight, uniform schedule, and bureaucratic, authoritarian organisation, and strong disciplinary control (Burns, 2002). The regime is engineered to disempower and instil obedience and compliance to achieve a high degree of security and control. In addition, prison physical and mental healthcare has historically been aligned with a biomedical perspective (Sim, 1990) with a focus on the disease