Matthew Goode
Criminal Law Consultant
Attorney-General’s Department
University of Adelaide
The Conference
of the Australasian Society of Victimology which took place in
Adelaide on November 29 and 30, 1990 was, so far as all
concerned with it could tell, the first time that a colloquium
was devoted to the organisation (as opposed to the individual)
as a victim of crime. It was, therefore, not surprising that the
speakers and participants at the conference spent a good deal of
their time exploring the utility,
nature and extent of the concept itself, and that the papers
delivered covered a variety of topics and themes.
On the first
day, a number of common thematic threads ran through the
presentations. A starting point was the unsurprising proposition
that the organisation as a victim was a low visibility theme in
crime and criminology work. This theme commenced with the paper
delivered by Commissioner David Hunt, who went on to state that
the situation was now changing and that some facts were now
emerging as a result of attention being drawn to specific
examples such as shoplifting - often trivial offences in their
own right, but of considerable importance when considered from
an organisational or (in this case) industry perspective. This
beginning was reinforced in the paper delivered by Arie
Freiberg, who pointed out that the lack of recognition and
research devoted to the organisation as a victim of crime has
distorted our perceptions of crime, the criminal and the victim.
Mr. Freiberg went on to point out that one crucial factor in
organisational victimisation was that the organisation can and
is victimised by its own members, often because the organisation
is seen as “fair game” - it has no soul to be damned and no body
to be kicked. Mr. Freiberg also emphasised that a reason for the
low visibility of organisational victimisation lay in the
unwillingness of organisations to report crime for a variety of
reasons, and that the wide variety of the nature of
organisations also contributed to low visibility.
A number of the
papers then developed the idea that, however low the visibility
of the problem at present, the problem was real and important.
Ms. Kolbe, for example, articulated the victimised perception of
the Education Department, Mr. Harrison the victimised perception
of commercial
organisations, and Mr. Anderson the victimised perception of an
industry. All of these papers emphasised again and again the
interesting theme that the victimisation of an organisation also
victimised the individual members of that organisation,
customers, employees, shareholders and/or creditors. An apposite
example is the victimisation of school staff and students by
graffiti and vandalism attacks on the Education Department as an
organisation.
Building on the
observation by Sir Walter Crocker that realism is the first
essential, almost all papers given on the first day emphasised
again and again the need for preventative strategies of various
kinds, some, like Commissioner Hunt, calling for recognition of
the reality that organisations contribute to their own
victimisation and the need for organisations to deal with that
reality by contributing to the reduction of organisational crime
by institution of their own preventive strategies; others, such
as Mr. Challenger, pointing out that too often organisations
rely on scarce or non-existent public resources to solve their
own inadequacies or their own organisational failure to address
institutional practices conducive to their own victimisation.
Mr. Challenger spoke about “work place deviance” in particular,
and, while he rightly emphasised the need for preventative
strategies to address the organisation problems raised by such
behaviour, he also raised the interesting question whether or
not a variety of behaviours which harmed organisations and which
were not now criminal offences ought to be criminal offences, or
treated as deviant behaviour in some other way. He instanced
theft of time and theft of information. Mr. Brown concluded the
first day with the challenging observation that all crime
affected insurance in one way or another and that it might be
thought to be worthwhile to privatise some law enforcement by
handing the policing function directly to the insurance
industry.
On the second
day, the paper by Mr. Smith re-emphasised the three interlocking
themes that:
(a) crimes
committed against organisations also victimised individuals;
(b)
organisations were still not commonly seen as victims for a
variety of reasons and hence were seen as "fair game”; and
(c)
organisational victims have a responsibility to reduce the
capacity for that organisation to be victimised by management
and other preventive strategies.
These themes
re-emerged in more depth - the relationship between individual
and organisational victimisation was explored in more detail as
a more complex interaction than commonly thought. Not only do
individuals become victims as a result of criminal behaviour
directed at organisations - but also individuals become victims
because of their employment by or belonging to organisations.
This latter theme was explored by Dr. Wilson in the context of
police as victims. She spoke of the need to identify risk
variables by research in order to frame and implement risk
management programmes for individual police as members of the
policing organisation. This theme was also explored by Mr.
O’Connell, who
argued that the simplistic nature of the crime fighting model of
police work victimised police officers as individuals and hence
the police organisation - and thus also incorporated the idea
that the police, individually and collectively, are at least
partly responsible for their own victimisation.
But the work of
outstanding interest on the second day focussed much of this and
brought it together under the general heading of preventive
strategies by risk management audit. The papers delivered by Mr.
Roberts and Mr. Traeger in particular should be read with close
attention by those interested in the field of organisational
victimisation. Here can be found not only the notions of
organisational victimisation and individual victimisation, not
only the idea of the fundamental importance of the need to
recognise reality and base remedial work on preventive
strategies, but also how those strategies might be formulated
and implemented. It can only be hoped that one of the most
important consequences of this
ground breaking conference will be in bringing these ideas to
the fore in the wide variety of organisational contexts
represented at the conference so that the work being done at all
levels will profit from analogous work being done elsewhere. In
that way, all will profit - and victimisation, both organisation
and individual, attacked. |