Literature Review
Existing Research
Introduction
This literature review identifies studies which examine the seriousness of art crime. The themes included in this literature review are the financial implications of art crime, the widespread scope and global nature of art crime, and the significance of the cultural consequences of art crime. Examination of literature uncovered a paucity in existing research. While the 1979 Routine Activities Theory of crime acts as a framework to explain elements of why crime, including art crime, takes place, other studies articulate the severity of art crime because of its significant financial implications, its global scope, and its cultural impact. The seriousness of art crime is described by numerous studies (Anja, S., & Shortland, A., 2020, Deloitte, 2016; FBI, 2012, Durney & Proulx, 2011, DCMS, 2000, Chappell and Polk, 2009, Mazurek, 2019, Hill, 2008, Dagirmanjian, 2019). Yet, no study has examined the difference in perception of art crime as seen by criminal justice and non-criminal justice majors. However, the seriousness of art crime cannot be understood without first examining the significant financial implications of art crime.
Existing research
Previous studies explore the financial implications of art crime, the widespread scope and global nature of art crime, and the significance of the cultural consequences of art crime. Examination of literature uncovered a paucity in existing research. The 1979 Routine Activities Theory of crime acts as a framework to explain elements of why crime, including art crime, takes place, other studies articulate the severity of art crime because of its significant financial implications, its global scope, and its cultural impact. The seriousness of art crime is described by numerous studies.
However, few studies exist on the perceptions of Art Law & Crime, and few quantitative, empirical data studies have been undertaken that would provide insight on whether or not art crime is viewed as a serious concern for law enforcement agencies and officials including police forces, whether or not criminal justice students are aware of the severity of art crime implications, and no studies on public perception of the importance of art law or the implications of art crime. Further, no study has examined the difference in perception of art crime as seen by criminal justice and non-criminal justice majors.
Cultural Implications
"Art theft has cultural ramifications when irreplaceable property is destroyed or damaged, creating an additional loss that cannot be measured in monetary terms" (Bator, 1981). "But it is not just about the monetary losses resulting from thefts from museums and public collections. Crucially, these thefts also pose a threat to the collective memory of a society, its knowledge of history, historical records, and ultimately to social cohesion. They diminish the potential for mutual enrichment and for dialogue about art and culture" (Roodt, C. & Benson, B., 2015).
Global Scope of Art Crime
The global nature of the art market translates to a global range of art crime and a complex network of art law. "As the legitimate art market has traditionally been an international market (Bumham, 1973), it follows that the illegitimate art market is not restricted by national boundaries either. According to Baker (1995), art crimes are almost always international" (Aarons, 2001). There are several international organizations and data bases in place that are concerned with global and international art crime due to its transnational scale.
Financial Implications and Factors of Art Crime
Art and antiquities are limited in supply and therefor hold value over other investments, with a return that is frequently financially significant. Art and cultural property crime are considered by the Federal Bureau of Investigations (FBI, 2012) to be the second or third largest criminal market, just after drugs and weapons, with about "75% of all professional stakeholders" surveyed by Deloitte (2016, p143) reporting in agreement that "authenticity, lack of provenance, forgery, and attribution' are the biggest threats to credibility and trust in the art market.