In a sex selective abortion, a woman aborts a fetus simply on account of the fetusâ€™ sex. Her motivation or underlying reason for doing so may very well be sexist. She could be disposed to thinking that a female child is inferior to a male one. In a hate crime, an individual commits a crime on account of a victimâ€™s sex, race, sexual orientation or the like. The individual may be sexist or racist in picking his victim. He (...) or she could be disposed to thinking that one race or sex is inferior to another. I argue that while a prohibition on sex selective abortions is anomalous in a liberal, criminal legal framework, hate crime legislation may not be. The former but not the latter constitutes a thought crime. I define a thought crime as one where an agentâ€™s motivation is not just relevant but sufficient to take an act from the domain of the non-punishable to the domain of the punishable. Ignoring a womanâ€™s sexist motivation in procuring an abortion suddenly renders her act of abortion legal. On the other hand, discounting an agentâ€™s bias in committing a hate motivated assault or murder does not transform the act from a punishable one to a non-punishable one. Assaulting or murdering is already a crime. (shrink)
Criminal law doctrine fails to provide an adequate solution for imputing responsibility to organized crime leaders for the offenses committed by their subordinates. This undesirable state of affairs is made possible because criminal organizations adopt complex organizational structures that leave their superiors beyond the reach of the law. These structures are characterized by features such as the isolation of the leadership from junior ranks, decentralized management, and mechanisms encouraging initiative from below. They are found in criminal organizations such as (...) the American Mafia, the Japanese Yakuza, and even outlaw motorcycle gangs. The paper offers a doctrine that may transcend this shortcoming. Referred to as “leaders’ liability,” this doctrine will be assessed and appraised through a comparison with competing theories such as accomplice liability, Organisationsherrschaft , and conspiracy. (shrink)
The intuition holding that an organized crime leader should be punished more severely than a subordinate who directly commits an offence is commonly reflected in legal literature. However, positing a direct relationship between the severity of punishment and the level of seniority within an organizational hierarchy represents a departure from a more general idea found in much of the substantive criminal law writings: that the severity of punishment increases the closer the proximity to the physical commission of the offence. (...) This paper presents an analysis of the said intuition and attempts to ascertain its roots. Rejecting both retribution and deterrence theory as valid explanations, it will be inferred that the imposition of harsher punishment on organized crime leaders is properly based on the multiplicity of offences for which they are responsible, and not the nature of their involvement in any specific offence. (shrink)
In 1990, the comptroller of the Catholic Diocese of Buffalo was charged with the embezzlement of eight million dollars of money belonging to the Diocese, He was subsequently convicted and served several years in state prison. Using this case as a starting point, this paper looks at several examples of white-collar crime and religious institutions. Should justice or mercy be the operative virtue in dealing with such criminals?
This paper presents an effort to induce a Bayesian belief network (BBN) from crime data, namely the national crime victimization survey (NCVS). This BBN defines a joint probability distribution over a set of variables that were employed to record a set of crime incidents, with particular focus on characteristics of the victim. The goals are to generate a BBN to capture how characteristics of crime incidents are related to one another, and to make this information available (...) to domain specialists. The novelty associated with the study reported in this paper lies in the use of a Bayesian network to represent a complex data set to non-experts in a way that facilitates automated analysis. Validation of the BBN’s ability to approximate the joint probability distribution over the set of variables entailed in the NCVS data set is accomplished through a variety of sources including mathematical techniques and human experts for appropriate triangulation. Validation results indicate that the BBN induced from the NCVS data set is a good joint probability model for the set of attributes in the domain, and accordingly can serve as an effective query tool. (shrink)
Scientific developments take place in a socio-political context but scientists often ignore the ways their innovations will be both interpreted by the media and used by policy makers. In the rush to neuroscientific discovery important questions are overlooked, such as the ways: (1) the brain, environment and behavior are related; (2) biological changes are mediated by social organization; (3) institutional bias in the application of technical procedures ignores race, class and gender dimensions of society; (4) knowledge is used to the (...) advantage of the powerful; and (5) its applications may reinforce existing structures of power that pose ethical questions about distributive justice. The case of crime, deception and functional Magnetic Resonance Imaging (fMRI) shows the complexity, and the political and ethical challenges that confront those who seek to use neuroscience to explain the etiology of crime, and who base policy on its findings. An ethically grounded neuroscience needs to take account of existing structures of power and difference, and to develop a public neuropolitical consciousness that ensures that those subject to risk by the application of science and technology are participants in the decision-making processes involving the implementation of policies that affect them. (shrink)
Two predictions concerning the perceived severity of crimes can be derived from evolutionary theory. The first, arising from the theory of inclusive fitness, is that crimes in general should be viewed as more serious to the degree that the victim is genetically related to the perpetrator. The second, arising from the deleterious effects of inbreeding depression, is that heterosexual sexual coercion should be perceived as more serious the closer the genetic relationship of victim and perpetrator, particularly when the victim is (...) a female of fertile age. Two hundred and thirty university students estimated the magnitude of the severity of brief crime descriptions in three separate studies. In the first two, the biological kinship of victim and perpetrator was varied, and in the third, the hypothetical genetic relatedness of the subject and the fictitious victim was varied. All three studies found the linear relationships between biological kinship and perceived crime severity predicted by theory. (shrink)
The examination of a scene of crime provides both an interesting case study and analogy for consideration of Distributed Cognition. In this paper, Distribution is defined by the number of agents involved in the criminal justice process, and in terms of the relationship between a Crime Scene Examiner and the environment being searched.
Tendencies of organized crime in the context of economical crisis are dealt in the article. The author shows his own position about the economical crisis and how it influenced organized crime in Lithuania. The reasons of economical crisis, characteristics and peculiarities of crimes of organized groups, which operate in Lithuania, are discussed in the article. The author reveals specific features, which enable to evaluate the real influence of organized groups to the economical state of Lithuania.
Social scientists from different fields have identified security as a future-oriented mode of governance designed to preserve the social order from diverse types of global risk through international cooperation, militarization and privatization of the state security apparatus, surveillance technologies, community policing, and stigmatization of identities and behaviors deemed dangerous. This literature has largely been limited to English-speaking countries in the Global North, however, that are relatively “secure.”. To understand how security operates in a different context, this article focuses on the (...) current War on Crime in México using newspaper and magazine articles, government documents, and extant academic research. In México, it is argued, the basic elements of security governance (international cooperation, militarized police, surveillance technologies, law, etc.) are present, but in modified form. Rather than focusing on external risks that could develop into future threats, security in México is turned inward against traditional forms of national economic, political, and cultural life thought to produce harm in the present. This, in turn, underscores security’s unique purpose in the country, which is not to preserve the prevailing social order, but to transform an emergent social order that through globalization has come to threaten the state’s legitimacy. These observations suggest an international divide in the operation of security that leaves those most vulnerable in the Global South to bear the greatest costs. (shrink)
The present article analyses the so-called ‘crime of denial’ recently established in Article 1702 of the Lithuanian Criminal Code. It describes how this crime was introduced in the Lithuanian Law, and the reasons for its present form and challenges. The crime has been applied in two instances (Stankeras case and Paleckis case). The author discusses these two instances of application, critically reviews the arguments of the Prosecutor’s Office and of the court of first instance and shows that (...) at least in the first cases of application of this crime, its objectives and particularities are misunderstood. (shrink)
The article focuses on the analysis of preparation of crime prevention programmes in Lithuania and assesses their level of compliance with the methodological requirements for programme preparation. Many crime prevention programmes are approved and implemented at national level in Lithuania. If such programmes were prepared in accordance with the principles and methods recommended in the scientific literature, the efficiency of crime prevention programmes would undoubtedly increase. In Lithuania, a number of studies on the efficiency of the existing (...)crime prevention programmes were carried out; however, none of them assessed the level of compliance of such programmes with the methodological requirements for the preparation of such programmes. The object of the study – crime prevention programmes in Lithuania. The goal of the study is to analyse the preparation of crime prevention programmes currently available in Lithuania, to identify major problems related to the preparation of such programmes, and to suggest possible solutions to these problems. In order to achieve that goal, the article lists and defines the main general aspects of crime prevention, and carries out an analysis of the principles and methodological aspects of preparation of crime prevention programmes. Subsequently, the crime prevention programmes available in Lithuania are analysed and their level of compliance with the methodological requirements for such programmes is assessed. Major problems related to the preparation of such programmes are defined. Research methods. Analysis of scientific literature, comparative analysis, analysis of legal documents, content analysis, statistical data analysis, systemising and generalisation. Main results and conclusions: • After investigating 49 crime prevention programmes it was found that none of the examined programmes conformed to all of the 16 criteria of the methodological requirements applicable for preparation of such programmes. Most of the crime prevention programmes have the following weaknesses: o problem-solving is formulated vaguely and inaccurately – the main problem for which the programme is created is not distinguished and its extent and content cannot be determined by objectively measurable indicators. o Permanence of solving problems is not defined – the programmes did not provide data showing the duration of an underlying problem. o Unidentified negative consequences of the phenomenon – negative consequences of the problem are not revealed, the damage is not assessed. o The goals do not correspond to the problem – the results of the goals, which would be expressed in terms of changes to be achieved, describing changes to the extent and/or content of the problem are not determined. o The goals are not concrete and exact – the objects of impact, their changes and expected results are not defined. o The goals are incomprehensible – they are vaguely formulated and treated like tasks. o Non-specific tasks – there are no outcomes measurable by objective indicators, after achieving that the tasks are resolved. o The potential effectiveness of the selected measures is not specified - there is no indication on the grounds of the conclusion as to the potential effectiveness of each measure. o The financial costs of implementing measures are not estimated. o The expected results are not determined - there is no indication as to the changes to be determined by the implementation of the programme. o There are no criteria provided for the assessment of effectiveness and impact. o The participation of the non-governmental organisations and individuals in the implementation of the measures is not defined. • On average, crime prevention programmes meet 6.8 of the criteria (out of the 16 criteria analysed). This means that on average the programmes meet less than half of all the criteria used. • Only 20 (41%) crime prevention programmes meet half or more of the criteria examined. Proposal. Given the irrational use of the allocated resources for the implementation of the poorly developed crime prevention programmes, the Government of the Republic of Lithuania should develop and adopt a mandatory and not a guidance methodology for the preparation of programmes, to be used by anyone preparing programmes financed from the state budget. (shrink)
The classical social theorist Emile Durkheim proposed the counterintuitive thesis that crime is beneficial for society because it provokes punishment, which enhances social solidarity. His logic, however, is blemished by a reified view of society that leads to group-selectionist thinking and a teleological account of the causes of crime. Reconceptualization of the relationship between crime and punishment in terms of evolutionary game theory, however, suggests that crime (cheating) may confer benefits on cooperating individuals by promoting stability (...) in their patterns of cooperation. (shrink)
Concerns for safety and security as South Africa’s hosting of 2010 FIFA World Cup draws nearer highlight the degree to which South Africa’s reputation for a relatively peaceful transition from Apartheid has been replaced by its reputation for violent crime. Its transition, and the peacebuilding efforts that followed it, are not completely unrelated to its current high levels of violent crime. In fact, this article argues that there were a number of issues South Africa’s peacebuilding process failed to (...) address that are relevant to the country’s violent crime situation. A significant reason for this failure was an inability or unwillingness to engage the full spectrum of Apartheid’s violence with equal rigour. Apartheid inflicted structural violence, through its racially oppressive laws, as well as physical violence, through enforcing its laws and suppressing its opposition, on the people of South Africa. Peacebuilding in South Africa primarily focused on Apartheid’s physical violence. Through the work of the Truth and Reconciliation Commission, the focus was narrowed down further to physical political violence. Due to this narrow focus, it did not attend effectively to non-political violence – which includes gender-based violence, the esteem violence had attained during and due to Apartheid, disarming the country of illegal firearms, and narrowing the income gap between the country’s rich and poor. While South Africa proudly claims ownership of its conflict resolution and peacebuilding processes, it still emulated predominant models of building peace through liberal democracy and a market economy. These models have been drawn from Western success stories in diminishing interstate conflict, while South Africa is a developing country that was recovering from an intrastate conflict. Pursuing these models has had benefits for South Africa, but not in many of the ways it needed in order to effectively prevent a surge in criminal violence in the wake of Apartheid. (shrink)
There is a divide within political and legal theory concerning the justification of hate-crime legislation in liberal states. Opponents of Hate-Crime Legislation have recently argued that enhanced punishment for hate-motivated crimes cannot be justified within political liberal states. More specifically, Heidi Hurd argues that criminal sanction which target character dispositions unfairly target individuals for characteristics not readily under their control. She further argues that a âcharacterâ based approach in criminal law is necessarily illiberal and violates the stateâs commitment (...) to political neutrality. In the current paper, I attempt to show the difficulties and absurdity that follows from Hurdâs characterization of hate- rimes. I aim to show that punishment for undesirable character traits is consistent with western conceptions of criminal law. Upon doing so, I then go on to construct a positive argument for the justifiability of punishing for character traits as well as for the enhanced punishment associated with hate-motivated crimes. (shrink)
In this article I ask how moral relativism applies to the analysis of responsibility for mass crime. The focus is on the critical reading of two influential relativist attempts to offer a theoretically consistent response to the challenges imposed by extreme criminal practices. First, I explore Gilbert Harman’s analytical effort to conceptualize the reach of moral discourse. According to Harman, mass crime creates a contextually specific relationship to which moral judgments do not apply any more. Second, I analyze (...) the inability thesis, which claims that the agents of mass crime are not able to distinguish between right and wrong. Richard Arneson, Michael Zimmerman and Geoffrey Scarre do not deny the moral wrongness of crime. However, having introduced the claim of authenticity as a specific feature of the inability thesis, they maintain that killers are not responsible. I argue that these positions do not hold. The relativist failure to properly conceptualize responsibility for mass crime follows from the mistaken view of moral autonomy, which then leads to the erroneous explanation of the establishment, authority and justification of moral judgments. (shrink)
The article reviews recent developments in England in the law of necessity as a defence to crime and calls for its further extension. It argues that the defence of necessity presents the criminal law with difficult questions of competing values and the ordering of harms. English law has taken a nuanced position on the respective roles of the courts and the legislature in the ordering of harms, although the development of the law has been pragmatic rather than coherently theorised. (...) The law has granted necessity some scope as an exculpatory principle in the law of general defences, but it has also respected the primacy of the legislature as the legitimate arbiter of many of the competitions of value that necessity throws up. The recognition of necessity has not been in the form of a single unified defence of that name. Rather it has taken the form of a number of defences, based on a principle of necessity, but with different nomenclature and different rationales. This approach to necessity is defended as right in terms of principle and policy. Any further development of necessity as a general defence should be restricted to two contexts, namely those of emergencies, and of conflicts of duty, where a danger of death or serious injury is present. (shrink)
This collection of original essays by leading philosophers probes the philosophical aspects of rape in all of its manifestations: act, crime, practice, and institution. Among the issues examined are the nature of rape; the wrongfulness and harmfulness of rape; the relation of rape to racism, sexism, classism, and other forms of oppression; and the legitimacy of various rape-law doctrines. Each contributor advances a novel argument and seeks to disentangle the conceptual, evaluative, and empirical issues that arise in connection with (...) the crime. This essential reference work is among the first philosophical anthologies devoted exclusively to the subject of rape--as complex and interesting intellectually as it is pervasive and disturbing socially. (shrink)
This paper examines the legitimacy of pro-active law enforcement techniques, i.e. the use of deception to produce the performance of a criminal act in circumstances where it can be observed by law enforcement officials. It argues that law enforcement officials should only be allowed to create the intent to commit a crime in individuals who they have probable cause to suppose are already engaged or intending to engage in criminal activity of a similar nature.
Over the past decade the use of closed circuit television (CCTV) as a means of crime prevention has reached unprecedented levels. Though critics of this development do not speak with one voice and have pointed to a number of different problems in the use of CCTV, one argument has played a dominant role in the debate, namely, that CCTV constitutes an unacceptable violation of people’s right to privacy. The purpose of this paper is to examine this argument critically. It (...) is suggested that the argument is hard to sustain. (shrink)
When we define something as a crime, we generally thereby criminalize the attempt to commit that crime. However, it is a vexing puzzle to specify what must be the case in order for a criminal attempt to have occurred, given that the results element of the crime fails to come about. I argue that the philosophy of action can assist the criminal law in clarifying what kinds of events are properly categorized as criminal attempts. A natural thought (...) is that this project should take the form of specifying what it is in general to attempt or try to perform an action, and then to define criminal attempts as attempts to commit crimes. Focusing on Gideon Yaffe's resourceful work in Attempts (Oxford University Press, 2010) as an example of this strategy, I argue that it results in a view that is overly inclusive: one will count as trying to commit a crime even in the far remote preparatory stages that we in fact have good reason not to criminalize. I offer an alternative proposal to distinguish between mere preparations and genuine attempts that has its basis not in trying, but doing: a criminal attempt is underway once what the agent is doing is a crime. Working out the details of this schema turns out to have important implications for action theory. A recently burgeoning view known as Naive Action Theory holds that all action can be explained by appeal to some further thing that the agent is doing, and that that the same explanatory nexus is at work even when we appeal to what the agent is intending, trying, or preparing to do -- these notions do explanatory work because they too refer to actions that are in progress, albeit in their infancy. If this is right, than the notion of 'doing' will also be too inclusive for the purposes of the criminal law. I argue that we should draw the reverse conclusion: the distinctions between pure intending, trying, preparing, and doing serve an important purpose in the criminal law, and this fact lends support to the view that they are genuine metaphysical and explanatory distinctions. (shrink)
In this paper I am concerned with a problem for communicative theories of punishment. On such theories, punishment is justified at least in part as the authoritative censure or condemnation of crime. But is this compatible with a broadly liberal political outlook? For while liberalism is generally thought to take only a very limited interest in its citizens attitudes (seeing moral opinion as a matter of legitimate debate), the idea of state denunciation of crime seems precisely to be (...) focused on the attitudes expressed in action. In this paper I analyse the elements of the communicative theory of punishment, assessing the extent to which they can be considered anti-liberal. I argue that, understood in a certain way, the communicative theory, though in some sense communitarian, is compatible with at least one central and attractive non-perfectionist strand in liberalism. Key Words: communicative theory Devlin Duff Hegel von Hirsch punishment. (shrink)
By far the most plausible explanation of data on violent crime in the United States is that its high handgun ownership rate is a major causal factor. The only realistic way to significantly reduce violent crime in this country is an outright ban on private ownership of handguns. While such a ban would undeniably restrict one particular freedom, it would violate no rights. In particular, the unquestioned right to self-defense does not entail a right to own handguns, because (...) the evidence indicates that the widespread belief in handguns’ defensive efficacy is mistaken, especially when we confine our attention to defensive handgun use that is actually morally permissible. A handgun ban will never eradicate the weapons from this country, but it can substantially reduce the ownership rate and, as a result, substantially reduce violent crime. Although political realities may make a handgun ban unattainable in the United States at present, the very act of advancing cogent arguments for the most defensible position will make the goal of handgun prohibition more and more achievable. (shrink)
It is generally assumed that we are justified in punishing criminals because they have committed a morally wrongful act. Determining when criminal liability should be imposed calls for a moral assessment of the conduct in question, with criminal liability tracking as closely as possible the contours of morality. Versions of this view are frequently argued for in philosophical accounts of crime and punishment, and seem to be presumed by lawyers and policy makers working in the criminal justice system. -/- (...) Challenging such assumptions, this book considers the dominant justifications of punishment and subjects them to a piercing moral critique. It argues that none overcome the objection that people who are convicted of a serious crime and sent to prison have their basic human rights violated. The institution of criminal punishment is shown to be a regrettable necessity not deserving of the moral enthusiasm it enjoys among many politicians and the popular press. From a moral point of view, punishment is entitled at best to grudging toleration. -/- In the course of developing the argument, the book introduces the principal issues of criminal law theory with the aim of presenting a morally enlightened perspective on crimes and why we punish them. Enforcement of the law by police, prosecutors, and courts is a matter of concern for political morality, and the principal practices of the criminal justice system are subjected to moral scrutiny. The book offers an engaging, provocative introduction to thinking about the philosophy of crime and punishment, challenging students and other readers to think about whether we are justified in punishing wrongdoers. (shrink)
In this essay, I critically evaluate the new South African state's approach to crime prevention in light of the Kantian principle of respect of persons. I show that the five most common explanations of why the state must fight crime are unconvincing; provide a novel, respect-based account of why justice requires the state to prevent crime; and specify which crime fighting techniques the state must adopt in order to meet this requirement. Reviewing the South African state's (...) criminal justice policies and practices since 1994, I also argue that it has failed to fulfill its obligation to fight crime, which failure is neither excused nor justified. -/- . (shrink)
There is no question Arthur Ripstein’s Force and Freedom is an engaging and powerful book which will inform legal philosophy, particularly Kantian theories, for years to come. The text explores with care Kant’s legal and political philosophy, distinguishing it from his better known moral theory. Nor is Ripstein’s book simply a recounting of Kant’s legal and political theory. Ripstein develops Kant’s views in his own unique vision illustrating fresh ways of viewing the entire Kantian project. But the same strength and (...) coherence which ties the book to Kant’s important values of independence blinds the work to our shared moral ties grounded in other political values. Ripstein’s thoughts on punishment are novel in that he embeds criminal law, both in its retributivist and consequentialist facets, into Kant’s overarching political philosophy to show how criminal law can be seen as one aspect of the supremacy of public law. But a criminal law solely focused on the preservation of freedom takes little notice of the ways criminal law need expand its view to account for how a polity can restore the victim of a crime back to civic equality, reincorporate offenders after they have been punished and cannot leave past offenders isolated and likely to reoffend, resulting in the rotating door prison system and communities of innocents who remain preyed upon by career criminals. Lastly, a political theory that does not prize our civic bonds will ignore the startling balkanization of our criminal punishment practices, where policing, arresting and imprisonment become tools of racial and social oppression. In illustrating the benefits in viewing criminal law as a coherent part of Kant’s political theory of freedom, Ripstein also highlights what is absent. It then becomes clear that though Kant presents one important facet of punishment, only a republican political theory can meet the most pressing moral demands of punishment by reminding us that criminal law must be used to preserve and strengthen civic society. (shrink)
Societies and communities are understood as orders (or laws) of persons, i.e., types of arrangements of human relations that are in principle conflict-free or equipped to solve conflicts among their members. As not all human relations fall into member-member patterns, there is need for the concept of a natural order (law) of persons, regardless of their memberships. The main theme is the comparison of the three orders, with special focus on how they deal with crime, punishment and law enforcement.
This pilot study examines how a number of American and Japanese journalists make the tough calls regarding an escalating social problem: whether to identify juveniles who have been charged with serious capital crimes. Divergent societal and journalistic values of the two countries are explored via a survey of journalists from Honolulu and Hiroshima. Newsroom policies and practices are described regarding general and specific cases of juvenile crime. In general, Japanese journalists are far more likely than U.S. journalists to withhold (...) names. Tables and additional background information are found at jmme.org. (shrink)
This essay proposes an approach to understanding changes in political responses to crime in England and Wales over the last third of the twentieth century and developments in criminological knowledge over the same period. To explore the association between these in some empirical detail, we argue, would provide a historical?sociological understanding that is currently lacking, notwithstanding Garland's significant intervention in The Culture of Control. We take issue with some aspects of Garland's account, on both methodological and substantive grounds, and (...) delineate certain distinctions between his ?history of the present? and the historically situated hermeneutics that we favour. The latter, we suggest, can be more attentive to particular political and intellectual struggles that have had a formative bearing on the current field and, as such, offer new perspectives on the position of crime and punishment in contemporary political culture. (shrink)
The shift from a welfarist to a retributivist perspective on crime, which is one of the themes of David Garland?s book, has brought with it a renewed emphasis on the victims of crime and their rights. This shift in emphasis, I suggest, raises questions about the way we think of the relationship between individual citizens and between citizens and the state. Different political theories will produce different accounts of this relationship and hence different ways of characterising the status (...) and role of victims in the criminal process. In this paper then I sketch a roughly communitarian view of the citizen relationship as a context for an account of the status of victims. Thus, I argue, we need to consider not just the expectations that victims rightly have that they have rights which should to be recognised in the criminal process but also their duties as participants. Duties which require them to bear witness in calling offenders to account. This gives victims an active role in the criminal process but one that may come at a price since it might require victims to be subjected to greater scrutiny in the process of a criminal trial than they might find bearable. (shrink)
While increasing attention from academics and the media focuses on the lives of Muslim communities in the west, little attention has so far been given to insiders' own perceptions of their social lives. This paper, borne out of broader research on their perceptions of crime, aims to analyse some internal discourses on moral education. The ethnographic data, collected between October 2004 and July 2005, is used to try to show the potentials and the pitfalls of formal (in mosques, madrasahs (...) and schools) and informal (in family and community) means of provision of moral education. The paper argues that prevention of deviance through moral education seems to be neglected in favour of punishment, retrieval or rehabilitation. Female deviance, however, seems to be addressed by prevention strategies that are based on protection and the limitation of certain interactions, rather than on moral education. (shrink)
Abstract Before the establishment in the early 1800s of France's Sûreté Nationale and England's Scotland Yard, the detection of crimes was generally regarded as supernatural work, but the rise of modern science allowed mere mortals to systematize and categorize events?and thus to solve crimes. Reducing the amount of crime, however, did not reduce the fear of crime, which actually grew in the late-nineteenth century as the result of globalization and media sensationalism. Literary detectives offered an imaginary cure for (...) an imaginary disease. Sherlock Holmes, the most famous literary detective, retained many of the characteristics that earlier ages had attributed to superhuman ?detectives?; a wondrous and a social being, he nonetheless was able to reassure an anxious public that even the most heinous crimes could be solved. His ability to calm the fears of the globalizing Victorian era was an early version of what later became a proliferation of imaginary characters serving similar public functions. (shrink)
I focus on the set of problems that arise in identifying both the actus reus and (to an even greater extent) the mens rea needed by an abettor before she should be criminally liable for complicity in a crime. No consensus on these issues has emerged in positive law; commentators are enormously dissatisfied with the decisions courts have reached; and critics disagree radically about what reforms should be implemented to rectify this state of affairs. I explicitly deny that I (...) will be able to solve these problems, although I hope at least to identify a central source of the confusion. In my view, the problem results largely from conceptualizing the liability of abettors as derivative. This diagnosis helps us to understand why the problem is likely to remain insoluble in positive law. If the test of an adequate theory consists primarily in its ability to produce results that conform to our moral intuitions about how particular cases should be resolved, no approach that can be implemented in the real world will prove wholly satisfactory. I advance a hypothesis about why failure is inevitable and what should be done in light of this predicament. Legal realities compel us to adopt a position that is suboptimal from a moral point of view. (shrink)
Historical outlines of fin-de-siècle European criminology have typically focused on the debate between supporters of Lombrosian anatomical determinism on the one hand, and the more environmentalist (i.e. French) explanations of crime on the other. What has gone largely unnoticed, however, is how the basic tenets of the 'French school' were shaped by an implicit moral concern with mass consumption and indi vidualism, particularly in regard to juvenile crime. This paper examines the psychosocial conception of the juvenile criminal - (...) within the par ticular context of fin-de-siècle culture, social theory and political ideol ogy - to delineate how French criminologists encountered economic modernity and reconceptualized their understanding of the relationship between the child, the family and the state. (shrink)
This essay identifies areas of analysis which David Garland neglects in The Culture of Control. The essential argument being that greater attention to the influence of feminism and the treatment of female offenders and victims would have enriched his interpretation of the culture of control. The essay suggests that the treatment of women in criminal justice matters exemplifies the apparently dualistic and polarised penal policies that Garland describes so well. The recent huge increases in the number of women sentenced to (...) imprisonment, in particular, are inexplicable, and point to a critical paradox in criminal justice system thinking. The essay also includes with some reflections on the future of crime control in relation to women. One important question is whether or not the future of crime control is inevitably or necessarily gendered. Thus the essay touches on the gender neutral versus gender specific and equality versus difference debates and their irreconcilable elements, as well as on possible ways of dealing with them, and concludes with some thoughts on the potential of renewed interest in the concept of citizenship and justice. (shrink)
Healthcare trends, stressors, and workplace violence -- Patient privacy and exploitation -- Abuse and assault -- Fraud and theft -- Suspicious death and homicide -- Investigations, sanctions, and discipline -- Prevention strategies and the future of healthcare crime.
I offer a discussion of the criminological sociology of Ferdinand Tönnies (1855-1936). While Tönnies is generally well known for his theory of Gemeinschaft and Gesellschaft, his elaborate contributions to the sociological study of crime have been almost entirely neglected in the history of sociology. Situated within Tönnies’ general theoretical perspective, I present the central themes of Tönnies’ study of crime and discuss its conceptual and methodological characteristics as a distinct approach in criminological sociology. I additionally center on the (...) importance of Tönnies’ criminological work for the reception and status of his sociological theory. I argue that the neglect of Tönnies’ crime studies has led to overlooking Tönnies’ aspiration to integrate sociological theory and empirical inquiry, which has contributed to misconstrue his unique conception of social order. (shrink)
The objective of the present text is to develop a reflection about the value of human life in today’s society bringing into focus the contrasting perspectives of the ordinary and the extraordinary of life. For that purpose, we emphasize the conception of the Catholic Church from the Second Vatican Council that suggests an attitude of a Pilgrim Church which longs for dialogue with human beings in their ordinary life (we intend to rescue the positive sense of the term "ordinary"), in (...) disadvantage of the triumphalist vision which gives priority to the great deeds of history. In that sense, we establish a dialogue with the literal work Crime and Punishment (1866) by Fyodor Dostoyevsky whose protagonist Raskolnikov reveals himself through the contemporary dilemma between being and not being extraordinary in the eyes of the society. His moral conscience is tested after a crime he committed. The apex of this revelation takes place after the reading of the Gospel relating to the resurrection of Lazarus shared with Sonia, a flagrant sinner, an ordinary in the eyes of the society represented in the work. In fact, how it happens in the painful passage of Raskolnikov, God makes himself known through the other in borderline situations and we take him into account through the experience which a man of faith realizes when discovering Him to be present. The presence of God in the world is surely not to be understood in the sphere of the extraordinary, what matters is the experience of refuge when we are seduced by the faith. (shrink)
This is the first book to take a comprehensive look at white collar criminal offenses from the perspective of moral and legal theory. Focussing on the way in which key white collar crimes such as fraud, perjury, false statements, obstruction of justice, bribery, extortion, blackmail, insider trading, tax evasion, and regulatory and intellectual property offenses are shaped and informed by a range of familiar, but nevertheless powerful, moral norms.
The U.S. Catholic Bishops (2000) have endorsed a model of criminal justice that is restorative rather than retributive. Some interpreters of Catholic tradition defend retribution as a necessary feature of responding to crime (e.g., John Finnis). I argue in this paper that this difference is substantive, not merely linguistic. The essential question is what elements of past Catholic thinking about criminal justice are normative for today. I argue that there are strong moral reasons,consistent with both Catholic tradition and larger (...) principles of social justice, to endorse the bishops’ statement on criminal justice reform, and with it a restorativeapproach to crime. (shrink)
800x600 Normal 0 21 false false false RO X-NONE X-NONE MicrosoftInternetExplorer4 Suicide attack has become a dangerous trend in the contemporary history of some Asian societies. While it has been used by some people as a means of protest, it has been largely rejected by humanity for its severe debilitating effects. Instances of suicide attack can be found in the contexts of the Israel-Palestine conflict, September 11 attacks, Bali bombing, Sunni-Shiite disagreement, struggle of the Tamil Tigers in Sri Lanka, as (...) well as the occupation of Iraq and Afghanistan by foreign powers. The recent contours of suicide attacks are basically largely related to various groups or organizations. The paper therefore examines the meaning, brief history, and the causes of suicide attack, and analyzes these within the purview of contemporary Islamic thought which is based on the textual arguments of the Qur'an and Sunnah. The paper concludes that though a tiny fraction of the whole Muslim spectrum tries to justify the suicide attack as a "weapon of the weak", the majority of the Muslim scholars has viewed it as a crime against humanity and therefore vehemently rejects this practice in any form. (shrink)
The perfect crime -- The spectre of the will -- The radical illusion -- Trompe-l'œl genesis -- The automatic writing of the world -- The horizon of disappearance -- The countdown -- The material illusion -- The secret vestiges of perfection -- The height of reality -- The irony of technology -- Machinic snobbery -- Objects in this mirror -- The Babel syndrome -- Radical thought -- The other side of the crime -- The world without women -- (...) The surgical removal of otherness -- The "laying-off" of desire -- The new victim order -- Indifference and hatred -- The revenge of the mirror people. (shrink)
This article draws upon recent works in sociology, jurisprudence, and feminist theory in order to assess the ways in which feminism, and sex and gender more generally, have become intricately interwoven with punitive agendas in contemporary US politics. Melding existing theoretical discussions of penal trends with insights drawn from my own ethnographic research on the contemporary anti-trafficking movement in the United States—the most recent domain of feminist activism in which a crime frame has prevailed against competing models of social (...) justice—I elaborate upon the ways that neoliberalism and the politics of sex and gender have intertwined to produce a carceral turn in feminist advocacy movements previously organized around struggles for economic justice and liberation. Taking the anti-trafficking movement as a case study, I further demonstrate how human rights discourse has become a key vehicle both for the transnationalization of carceral politics and for the reincorporation of these policies into the domestic terrain in a benevolent, feminist guise. I conclude by urging greater and more nuanced attention to the operations of gender and sexual politics within mainstream analyses of contemporary modes of punishment, as well as a careful consideration of the neoliberal carceral state within feminist discussions of gender, sexuality, and the law. (shrink)
As Gouldner and Fredrichs have recently pointed out, social science generally, and sociology in particular is in the throes of a “paradigm revolution.” Predictably, criminology is both a reflection of and a force behind this revolution.The energing paradigm in criminology is one which emphasizes social conflict-particularly conflicts of social class interests and values. The paradigm which is being replaced is one where the primary emphasis was on consensus, and within which “deviance” or “crime” was viewed as an aberration shared (...) by some minority. This group had failed to be properly socialized or adequately integrated into society or, more generally, had suffered from “social disorganization.”The shift in paradigm means more than simply a shift from explaining the same facts with new causal models. It means that we stretch our conceptual framework and look to different facets of social experience. Specifically, instead of resorting inevitably to the “normative system,” to “culture” or to socio-psychological experiences of individuals, we look instead to the social relations created by the political and economic structure. Rather than treating “society” as a full-blown reality (reifying it into an entity with its own life), we seek to understand the present as a reflection of the economic and political history that has created the social relations which dominate the moment we have selected to study.The shift means that crime becomes a rational response of some social classes to the realities of their lives. The state becomes an instrument of the ruling class enforcing laws here but not there, according to the realities of political power and economic conditions.There is much to be gained from this re-focusing of criminological and sociological inquiry. However, if the paradigmatic revolution is to be more than a mere fad, we must be able to show that the new paradigm is in fact superior to its predecessor. In this paper I have tried to develop the theoretical implications of a Marxian model of crime and criminal law, and to assess the merits of this paradigm by looking at some empirical data. The general conclusion is that the Marian paradigm provides a long neglected but fruitful approach to the study of crime and criminal law. (shrink)