The Russian avant-garde world serves as an empirical example of the embeddedness of criminal actors (fraudsters, smugglers, thieves) in the legal art market of curators, collectors and museum directors. The article discusses various dilemmas regarding the interpretation of criminal activities in the art world. Is the smuggling of ‘forbidden art’ from the Soviet Union a patriotic act or a crime? Why do world-famous museums exhibit forgeries? What are the financial and judicial consequences of a lack of consensus between art experts?

Hesdy Gerges is a heavyweight kickboxer whose career was interrupted because of his involvement in an cocaine transport. This article is analyzes the biography of this top fighter, describing the macro context of an expanding market for full-contact martial arts, the meso level of the gym and its relation to the criminal milieu, and the fighter and his body on the micro level. Hesdy is used to set an example, and since it takes more than seven years to reach a verdict, the impact on his private life and his career as a fighter is large. The study is based on participant observation and 33 interviews, twenty of which with the protagonist.

In this article Bas van Stokkom and Marc Schuilenburg discuss work and life of the Dutch sociologist Abram de Swaan. The article is based on an interview the authors conducted with de Swaan as well as themes that de Swaan developed in his published work. The article discusses in particular themes such as violence and compartimentalization, the work of Norbert Elias, and public sociology.

Bill Cosby, Jimmy Savile and Gerrit Achterberg lived in different periods, in the US, UK, and the Netherlands. They were heroes because of what they accomplished during their professional careers but all three turned out to have committed serious crimes. Disclosure is painful, not only for the hero who comes to fall but also for the community that finds itself redefining moral standards when losing a celebrated insider. For this reason, the crimes of these three men have been concealed and kept secret for years. In comparing the three cases, this article tries to find out who decides on keeping the hero on his feet, how this is done, and if this changes over time.

In criminology, it is generally assumed that the high social status of white-collar offenders prevents them of being targeted by criminal law enforcement. But when they do, they suffer greater social and economic damage because of this high social status. Empirical research on the consequences of criminal law enforcement and conviction for white-collar offenders is scarce, and limited to the US and the UK. This paper used biographies of convicted former executives in business and public office in the Netherlands, to analyse these consequences and the process of the ‘fall from grace’ of white-collar offenders. The consequences are described in four life-domains: health, the private sphere, the occupational sphere and the social sphere. The results show that Dutch executives, in line with findings for the Anglo-American white-collar offenders, experience status degradation and suffer much collateral damage of criminal law enforcement. After the initial horror of imprisonment, they endure prison life fairly well. Individual competences and remaining social and economic capital enable them to return to normal life, although they cannot return to pre-conviction levels of social status.

The article examines the public debate about New Year’s Eve in Cologne in 2015. Theoretical starting point is the idea that public debates are forms of social communication in which reality is produced and social events become meaningful. On the basis of a framing analysis, it is investigated what significance New Year’s Eve in Cologne has as a medial event for society. The question here is how the event is described and explained, how it is mentioned and interpreted, what significance it collectively receives and how these insights can be theoretically interpreted. The analysis shows that different frames were possible, such as the problematization of the work of the police. Instead, the discourse focused on the sexual behaviour of refugees and securitization and sexualisation of migration takes place.

In the introductory article of this special issue on the language of denial, some relevant concepts in relation to denial, speech act and discourse theory are explored. Stanley Cohen’s distinction between literal, interpretative and implicatory denial is illuminated, as well as the contribution of various scholars on the performative function of language. At the end of the article the relevance of these concepts for (cultural) criminology is explained.

Various studies show that the views on the drug problem and appropriate policy responses have undergone profound changes from the 1960s onward. This article is analysing one of these changes, the decriminalisation of drug use, reflecting a fundamental change of view: understanding drug use as a health issue and not as crime. A useful heuristic to understand this type of change is Thomas Kuhn’s paradigm concept. He sees a paradigm as a set of beliefs that are shared by a scientific community and accepted by a wider community. A paradigm change is therefore a socio-psychological process rather than rooted in new scientific or research facts.
The author analyses the change from the dominance of a crime to the dominance of a health paradigm reflecting its social-historic context, starting with the widely shared concerns about substance use related health problems in the 20th century. These concerns translated into two different views on the essence of these problems, a crime and a health paradigm. The first served as fundament of the international drug control efforts, resulting in the still governing drug prohibition. Yet, the health paradigm was also of influence from the start and gradually gained weight. From the 1970s onwards the health paradigm became more important as part of a wider reform movement. It started in the Netherlands and the UK as bottom-up process criticising criminalising the users of illicit drugs as inappropriate, detrimental for their health and inhumane. The health paradigm was seen as more appropriate.
The author reflects on the benefits and disadvantages of the health paradigm. Its primary benefit is that it helps to understand the health problems related to drug use. A key disadvantage is its close relationship with the disease paradigm. The latter fits well with the generally negative view on drugs as dangerous or evil. It is encompassing the risk of ‘pathologising’ all forms of drug use and denying phenomena of unproblematic use for, among other things, recreational or spiritual purposes. Like the crime paradigm it can serve for control purposes. The drug user remains subject of control or disciplining policies and is not in charge of his/her own life. An additional problematic issue is that ‘softening’ the approach towards the users seems to be mirrored by a harder, more punitive approach to the producers and sellers of the substances, which are seen as villains, making available the drugs which deserve harsh punishment for ‘devastating’ the lives of users.
The author concludes with a short discussion of the well-being paradigm as possible alternative for the health paradigm. It covers a broader spectrum than the health paradigm and helps to grasp the negative impact of (problem) drug use, reducing well-being, but is also useful in understanding the positive sides, enhancing well-being.

While in the sixties hackers were the heroes of cyberspace, they are nowadays often perceived as the archetype cybercriminal. From the perspective of labelling theory, this empirical study examines how hackers feel perceived by society at large, how they perceive themselves as ‘others’ and how they view themselves in relation to ‘others’. Our research shows that hackers – despite of an experienced negative labelling – view themselves as positive ‘others’. We conclude that the features of the hacking phenomenon itself (skillset, mindset, own morality) in combination with the digital context in which they operate, enable hackers to avoid a ‘spoiled identity’.

Triggered by the recent Paris attacks the authors make an attempt to answer the question how liberal democracies can react to religious extremists that respond with violence to utterances they consider to be blasphemous. After a brief historical survey of the reactions to blasphemy in penal law and philosophy, the authors compare blasphemy laws and their relation to the freedom of speech in various European countries. Then they analyse the relevant case law of the European Court of Human Rights and the U.S. Supreme Court. In their conclusion the authors defend the position that liberal democracies should be cautious in order to prevent the principles of liberal democracy from being subverted by self-censorship induced by fear of extremism.

A taboo serves the social order for it facilitates social control. This article will focus on taboos related to sexual contact by youngsters. The way authorities guard sexual taboos is indicative of the way authorities envision the organization of society. It is this organization through the control of youth and sex which will receive attention. In the classic study by Mary Douglas on pollution and taboo dirt is understood as ‘matter out of place’. The sexual teenager is an illustration of this ‘matter out of place’ because it is difficult to categorize sexual teenagers on the basis of asexual children and sexual adults as an organizing principle for society. In criminal law lewd conduct by youngsters refers to wrong sex at the wrong age. By criminalizing these sexual transgressions the proper place of youth and sex is once again restored. This is necessary for it will be argued that the interests of society are somewhat under pressure because of transgressions when it comes to children as asexual and when it comes to sex as something for within a relationship. The perpetrator of lewd conduct should be understood as a scapegoat reestablishing when and how sex should take place. By restoring the asexual child and the sexual relationship it is hoped sex and youngsters can once again offer some guidance in a social order lacking these clear markers.

The Classical Paradigm considers evil intentions as a necessary element of human evil, for instance the Holocaust. The Obedience Paradigm states that the main motive of the perpetrators of this evil was obedience to authority. The Ideology Paradigm argues that ideological motives were the main element. This paper tries to show that it is impossible to separate obedience and ideology in the motives of perpetrators like Adolf Eichmann and Otto Ohlendorf. These perpetrators were also conscious of the fact that they violated moral and legal norms. In that sense they had evil intentions and can be held responsible for their crimes.

The recent exhibition The Crime Was Almost Perfect in the Witte de With Center for Contemporary Art in Rotterdam, curated by Cristina Ricupero, focused on the dynamic relation between art (aesthetics) and crime (ethics). The review discusses the representations of crime in (some of) the exhibited art works and analyzes the ways in which the artists play with their (conflicting) meanings, ambivalences and ambiguities.

Cultural criminology has shown an interest in the visual representation of perpetrators, victims and scenes of crime and punishment in the media. Relatively little attention has been paid to the visual representation of these subjects in the fine arts, however. This lacuna has been the inspiration for this special issue about the art of representation and the relationship between fine arts and criminology. Questions that are addressed include: What is the importance and meaning of representational art for the criminologist? It is conceivable that a criminological researcher would reformulate his or her research problem due to insights that have been articulated by artists? And, by the same token, is it possible that an artist would revise his or her representation because of scientific research? Or, are the doings of both independent of one another? Ultimately, this special issue is concerned with how representations of perpetrators, victims and scenes of crime and punishment come into being, which meaning these images have in different social and cultural contexts and what we, as criminologists, can contribute to them.

In 5 Grams: Crack Cocaine, Rap Music, and the War on Drugs Dimitri Bogazianos, an assistant professor at the departement Criminal Justice of California State University, discusses the cultural links between the American ‘war on drugs’ and the creative contributions of those directly affected by its destructive effects. At the centre of his analysis is the parallel between what the author calls ‘the crack game’ and ‘the rap game’. On the one hand Bogazianos examines the profound symbolic consequences of America’s reliance on the paradoxical punishment structure of crack; on the other hand the author focuses on the multiple ways crack appeared as a symbolical reference in the lyrics of rap artists.

Various disciplines have a longstanding tradition of studying musical genres and the various functions of music, but few criminologists focus on music in their scientific work. This article discusses various relationships between music, crime and culture. We discuss the hypothesis of ‘criminogenic’ music genres, and countless examples of criminalisation of music. We point at the stilistic importance of music genres for subcultures and social movements, and we raise ethical aspects: music can also be used as an instrument of (symbolic) violence, as a punishment or even as torture. Finally, we discuss other functional uses of music: as a vehicle for human emotions, for therapeutic purposes, to influence the behavior of employees and consumers, to enhance feelings of public safety, and to prevent crime and nuisance.

The social history of jazz music in America since 1880 has been described as a movement out of the inauspicious background of night clubs and brothels in the urban underworld. In 1980 Ronald L. Morris has published a book, Wait until dark, fostering a contrary view (that should inspire criminology). Morris claimed that until 1940 the ‘mob’ had promoted jazz music as gangsters hired black musicians without concern for the law and the conventions of racial segregation. There is some evidence that even during the 1950s the jazz scene of New York City and Las Vegas had also been partly organized by the mafia.

Until approximately 1995, the Netherlands had a very low prison rate compared to the surrounding countries. David Downes, who made a comparison between the Dutch and the British penal policy, choose as a title for his book: Contrasts in Tolerance. He attributed the differences between England & Wales and the Netherlands, partly to the tolerant culture in the Netherlands compared to England & Wales (Downes, 1985: 69 e.v.). What exactly did he mean by tolerance in this context and in how far can this characteristic of Dutch penal policy explain the recent downfall of the Dutch prison population.

Immigration detention is formally not a punishment, but governments do seem to use it to deter irregular migrants from staying in the territory. This study explores whether and how practices of immigration detention in the Netherlands affect detainees’ decision-making processes regarding return and result in ‘specific deterrence’. 81 unauthorized irregular migrants were interviewed in immigration detention and their casefiles were examined. We find evidence for a limited deterrence effect: a minority of the respondents indeed wanted to return to their countries of origin in order to end their (repeated) stay in immigration detention. For some respondents the detention experience contributed to a desire to migrate from the Netherlands to a different European country. We go into the relevance of these findings for the continuing societal debate on the use of immigration detention.

On the basis of article 1F Refugee Convention alleged perpetrators of serious crimes can be excluded from refugee protection. Under certain circumstances this exclusion can be regarded a unique type of contemporary banishment and branding. The rationale to exclude is primarily motivated by moral arguments, rather than security related arguments. In case Dutch government cannot deport the excluded persons, the exclusion is not limited to a certain place but (de facto) universal in nature. When the banished alleged perpetrators are declared undesirable aliens they are ‘branded’ as actual perpetrators.