State Fragility Around the World: Fractured Justice and Fierce Reprisal PDF
Preview State Fragility Around the World: Fractured Justice and Fierce Reprisal
State Fragility Comparative GovernanCe and Criminal JustiCe Gould | Pate State Fragility Around Around the World S the World t Fractured Justice and Fierce Reprisal a t e F Failed and fragile states often govern through the criminalization of otherwise inconsequential r or tolerated acts. These weak states also frequently use kidnapping, murder, and other violent a g Fractured Justice and or oppressive tactics to maintain order and stay in power. State Fragility Around the World: i Fractured Justice and Fierce Reprisal analyzes the path to state failure, one manifestation l i t of which appears through the fragility and dysfunction of its criminal justice system. This book y Fierce Reprisal examines what happens when a government loses the ability, or will, to provide basic goods and A services to its constituents. r o Acknowledging the tremendous variability of failed and fragile states, the case studies and analyses u contained in this book suggest the existence of functional and structural attributes common across n most state systems. The authors explore the plights of various states in which key elements related d to their criminal justice systems are weak or fragile. States under examination include Mexico, t h Afghanistan, Iran, Syria, and Georgia. Special attention is given to Somalia, Sudan, and South Sudan, e which serve as examples of what happens to a state that fails in virtually all aspects of governance. Laurie A. Gould W Using a unique approach, State Fragility Around the World articulates a specific method for o Matthew Pate assessing relative state fragility. Using this method, natural groupings of relative fragility and r stability evolve, providing an unprecedented way to compare social phenomena and functionality l d across national and regional borders. Readers will also gain a deeper understanding of what it means to be a fragile state as well as how state fragility affects core freedoms, the criminal justice process, and mechanisms of punishment. K16801 6000 Broken Sound Parkway, NW Suite 300, Boca Raton, FL 33487 711 Third Avenue New York, NY 10017 an informa business 2 Park Square, Milton Park www.crcpress.com Abingdon, Oxon OX14 4RN, UK www.crcpress.com K16801_cover.indd 1 1/25/16 11:22 AM State Fragility Around the World Fractured Justice and Fierce Reprisal State Fragility Around the World Fractured Justice and Fierce Reprisal Laurie A. Gould Department of Criminal Justice and Criminology Georgia Southern University Matthew Pate Senior Research Fellow Violence Research Group School of Criminal Justice University at Albany Boca Raton London New York CRC Press is an imprint of the Taylor & Francis Group, an informa business CRC Press Taylor & Francis Group 6000 Broken Sound Parkway NW, Suite 300 Boca Raton, FL 33487-2742 © 2016 by Taylor & Francis Group, LLC CRC Press is an imprint of Taylor & Francis Group, an Informa business No claim to original U.S. Government works Version Date: 20160113 International Standard Book Number-13: 978-1-4665-7768-8 (eBook - PDF) This book contains information obtained from authentic and highly regarded sources. Reasonable efforts have been made to publish reliable data and information, but the author and publisher cannot assume responsibility for the validity of all materials or the consequences of their use. The authors and publishers have attempted to trace the copyright holders of all material reproduced in this publication and apologize to copyright holders if permission to publish in this form has not been obtained. If any copyright material has not been acknowledged please write and let us know so we may rectify in any future reprint. Except as permitted under U.S. Copyright Law, no part of this book may be reprinted, reproduced, transmit- ted, or utilized in any form by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying, microfilming, and recording, or in any information storage or retrieval system, without written permission from the publishers. For permission to photocopy or use material electronically from this work, please access www.copyright. com (http://www.copyright.com/) or contact the Copyright Clearance Center, Inc. (CCC), 222 Rosewood Drive, Danvers, MA 01923, 978-750-8400. CCC is a not-for-profit organization that provides licenses and registration for a variety of users. For organizations that have been granted a photocopy license by the CCC, a separate system of payment has been arranged. Trademark Notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. Visit the Taylor & Francis Web site at http://www.taylorandfrancis.com and the CRC Press Web site at http://www.crcpress.com Dedication To those who must live in the shadow of tyranny; and to those for whom the necessities of survival demand continuing struggle; and to those souls for whom violence, sickness, and fear are the immutable cadence of life. Contents Preface xi Acknowledgment xiii 1 Introduction: The State as a System 1 References 22 2 Circumventing the System: Justice Delivery in Fragile States 27 Extrajudicial Killings 31 Uganda 31 Pakistan 35 Enforced or Involuntary Disappearances of Persons 36 Columbia 38 Sri Lanka 40 Torture 44 People’s Republic of Bangladesh 44 References 47 3 Punishment in Fragile States 51 Incarceration 53 The Death Penalty 54 Corporal Punishment 56 Political Imprisonment 58 Myanmar (Burma) 59 The People’s Republic of China 63 Former Prisoners as Agents of Terror 66 References 67 4 Terrorism in Fragile States 71 Theoretical Perspectives 71 vii viii Contents Terrorism Defined 74 The Intersection of Anomie and Terrorism 75 Ungoverned Spaces in the Middle East 78 Syria in Historical Context 79 Modern Syria 82 The Development of the Islamic State 84 Abu Bakr al-Baghdadi: Current Leader of the Islamic State (Caliph) 88 Mass Executions 89 Treatment of Women: Forced Marriages and Human Trafficking 90 Governance 93 Criminal Justice Under the Islamic State 96 Beheadings 98 Scholarly Backlash 100 Boko Haram: The Other Caliphate 101 The Rise of Boko Haram 104 References 107 5 The Relationship between Transnational Crime and State Fragility 115 Transnational Crimes 121 Drug Trafficking 121 Opium Production 122 Cocaine Production 124 Mexico: A Country on the Brink of Failure? 127 Organized Criminal Networks: Mexico 128 Criminal Justice Response in Mexico 130 Afghanistan 132 Organized Criminal Networks 132 Policing in Afghanistan 134 Judicial System in Afghanistan 137 Common Drug Trafficking Routes 138 The Effects of the Drug Trade 140 Cybercrime and Cyberwarfare 142 Organized Criminal Groups Involved in Cybercrime 145 Money Laundering 147 Liechtenstein: Europe’s Most Successful “Laundry” 153 State Fragility and Transnational Organized Crime 155 References 157
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