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)

In the face of violent crime, mothers are often the most vocal in fighting for justice. When those mothers are also active in a Christian Church, they are well versed in the motifs of sacrifice and forgiveness. From a feminist perspective, these motifs have been severely criticised for weighing more heavily on women than men, given Christianity’s long history of teaching the submission of women and the dominance of men, and, further, have been instrumental in keeping women in abusive (...) relationships. This paper will ask whether: when faced with the traumatic loss of a daughter or son due to the violent actions of another, are the motifs of sacrifice and forgiveness equally problematic or do they help mothers through their grief? Is forgiveness another form of sacrifice required of Christian mothers in the aftermath of violent crime? Does a mother’s fight for justice require that she does not forgive the perpetrator? How do mothers navigate their Christian faith and these varied motifs in recovering from the traumatic grief that they experience following sudden bereavement? This paper will explore these questions by engaging with the accounts of, for example, Julie Nicholson, the Anglican Priest, whose daughter was killed in the 7/7 bombings in London in 2005; Doreen Lawrence, whose son, Stephen, was murdered in a racist attack in London in 1993; Sybrina Fulton and Lucy McBath, whose sons, Trayvon Martin and Jordan Davis, were fatally shot in separate incidents in Florida in 2012; and mothers affected by the Grenfell Tower fire in London in 2017. (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)

PTSD was formalized as a diagnosis by the American Psychiatric Association in 1980 with the publication of the Diagnostic and Statistical Manual of Mental Disorders (DSM), 3rd edition. Since that time, the diagnosis has been widely utilized in the courts including the use in criminal proceedings. PTSD may play a role in the assessment of violent crimes both as a possible contributing factor in the perpetrators as well as a consequence in the victims. There are a number of (...) ethical and clinical considerations in the use of this diagnosis. Importantly, the diagnostic criteria have changed to a degree with subsequent editions of the DSM. This may have an impact on the interpretation of past legal judgments. Moreover, extensive psychiatric comorbidity may complicate the clinical picture, e.g., mood disorders, substance use disorders, or psychosis. The diagnosis of PTSD is still based on clinical, largely subjective criteria, e.g., biological markers are not yet utilized. As such, there may not be consistent agreement about the diagnosis among experts. This paper summarizes some of these relevant issues in adjudicating violent crimes. (shrink)

Racial profiling has come under intense public scrutiny especially since the rise of the Black Lives Matter movement. This article discusses two questions: whether racial profiling is sometimes rational, and whether it can be morally permissible. It is argued that under certain circumstances the affirmative answer to both questions is justified.

Widely circulated cultural conceptions about women who have committed violence recurrently place them in positions of otherness in relation to what is considered as being normal, valuable womanhood. This article explores ways in which Finnish women imprisoned for violent crimes grapple with this troubled relation between womanhood and violence in their enactments of gendered identities. The analysis is based on a novel, discursive-affective approach to positioning that can accommodate complexity and context-specific variability in enactments of identities. Four different, (...) recurring modes of positioning are discussed in the analysis: aligning with forcefulness, aligning with vulnerability, -aligning with demonization and aligning with motherhood. By shedding light not only on the complexity and fluidity of these gendered identity enactments but also on their affectively ambivalent dimensions, the analysis contributes to attempts at countering reductionist views about women who have committed violence and the gendered dichotomizations that they work to reproduce. (shrink)

Darnell F. Hawkins (ed.), Violent Crime: Assessing Race and Ethnic Differences Cambridge, UK: Cambridge University Press, 2003, pp. 448.

There are a number of considerations, including ethical and clinical or diagnostic factors, in utilizing the diagnosis of posttraumatic stress disorder in criminal proceedings. The reliability and validity of the diagnosis may be questioned. Legal precedent may consider extant diagnostic criteria for PTSD and comorbid diagnoses. However, these diagnostic criteria are often in flux considering new research findings. For example, the introduction of the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association, (...) includes some changes in the PTSD diagnostic criteria. How will this affect interpretation of past legal judgments? Moreover, PTSD has significant psychiatric comorbidity, e.g., substance abuse, which in itself may influence violent behavior and its consequences. Some of these comorbid diagnoses also have changes in their diagnostic criteria. The introduction of biological tests in the assessment of PTSD will likely facilitate more objective diagnosis. (shrink)

It is rather uncontroversial that gender should have no influence on treating others as equal epistemic agents. However, is this view reflected in practice? This paper aims to test whether the gender of the testifier and the accused of assault is related to the perception of a testimony’s reliability and the guilt of the potential perpetrator. Two experiments were conducted: the subjects (n = 361, 47% females, 53% males) assessed the reliability of the testifier in four scenarios of assault accusation, (...) in which the only difference was the gender of the people presented. During the study, we have observed dependencies of gender and ascription of reliability, but only marginal differences in guilt attribution. The results of our research may constitute an argument for the existence of different epistemic status endowed on people depending on their gender and existing gender stereotypes. Our results suggest that gender bias may be situated at a deeper level than the linguistically triggered representation. (shrink)

This paper performs a critical review of twin and adoption studies looking at possible genetic factors in criminal and antisocial behavior. While most modern researchers acknowledge that family studies are unable to separate possible genetic and environmental influences, it is argued here that twin studies are similarly unable to disentangle these influences. The twin method of monozygotic–dizygotic comparison is predicated on the assumption that both types of twins share equal environments, and it is argued here that this assumption is false. (...) Adoption studies have been promoted as a better way of separating genetic and environmental influences. However, there is good reason to believe that adoption studies of criminal and antisocial behavior were confounded by selective placement factors. In addition, these studies suffered from bias and serious methodological errors. In spite of these problems, no adoption researcher claimed to have found evidence of a genetic predisposition for violent crime. It is concluded that the weight of the evidence from family, twin, and adoption studies does not support a genetic basis for any type of criminal or antisocial behavior. The historical background of genetic theories of criminality is also discussed. (shrink)

This study integrates corpus-assisted text analysis with frame semantics to study a social problem. Taking a cognitive-linguistic approach to critical discourse studies, in this article I examine the linguistic construction of minors in a corpus of 489 articles from the Uruguayan newspaper El País in the context of the so-called ‘Criminal Imputability Referendum’. Throughout, I focus on the construal operation of framing and identify a host of discursive patterns via which minors and adolescents are recurrently placed within the semantic frame (...) CRIME, and within this, they profile the frame elements of perpetrators of violent crimes rather than victims. I argue that, in the context of the referendum, these discursive strategies run the risk of facilitating the consolidation of a strong conceptual link whereby youth become readily associated with criminality, and are subservient to the political views of groups supporting a lower cut-off age for criminal responsibility and more stringent punishments. The observations arrived at in this instance set the foundations for a future experimental study testing whether the discursive patterns unearthed here have an effect on how readers conceptualize minors outside the texts. (shrink)

Rwanda witnessed devastating conflicts leading to genocidal attacks in 1994 with active participation of the police in the pogrom. Various reports implicated the police in high-handedness, torture, extra judicial killings, intimidation, rape, and other heinous crimes during the conflicts. The police force was reformed for optimal performance. This paper examines the impact of the post-conflict reconstruction of the police on internal security management in Rwanda. Findings from the study, which relied on secondary data, are that reform impacted positively on (...) the performance of the police, sharpening its skills in crime detection and prevention and leading to improved security for lives and property in Rwanda. Over-reliance on dwindling external sources and dysfunctional equipment still undermines maximum performance by the police. There should be adequate provision of advanced security devices and better funding of the police for the optimal discharge of their constitutional mandates of securing lives and property in Rwanda. (shrink)

The crime is difficult to predict; it is random and possibly can occur anywhere at any time, which is a challenging issue for any society. The study proposes a crime prediction model by analyzing and comparing three known prediction classification algorithms: Naive Bayes, Random Forest, and Gradient Boosting Decision Tree. The model analyzes the top ten crimes to make predictions about different categories, which account for 97% of the incidents. These two significant crime classes, that is, violent and (...) nonviolent, are created by merging multiple smaller classes of crimes. Exploratory data analysis is performed to identify the patterns and understand the trends of crimes using a crime dataset. The accuracies of Naive Bayes, Random Forest, and Gradient Boosting Decision Tree techniques are 65.82%, 63.43%, and 98.5%, respectively, and the proposed model is further evaluated for precision and recall matrices. The results show that the Gradient Boosting Decision Tree prediction model is better than the other two techniques for predicting crime, based on historical data from a city. The analysis and prediction model can help the security agencies utilize the resources efficiently, anticipate the crime at a specific time, and serve society well. (shrink)

Hirschi and Gottfredson (1983) claim that the relationship between age and crime is similar in all social and cultural conditions and that no current sociological or criminological theory can account for this similarity. We introduce the new field of evolutionary psychology and extend Daly and Wilson's (1988) work on homicide to construct a general theory of male criminality, which explains why men commit violent and property crimes. The theory can also explain the age-crime curve. It might also account (...) for some empirical anomalies such as why physically smaller boys are more delinquent, and why violent criminals desist more slowly. (shrink)

This study highlights various totalitarian and undemocratic practices in which Bangladesh’s current Awami League-led coalition regime engages. It shows that since its inception in early 2009, the regime has tried to mobilize and manipulate public support from within through—among other means—creating the discourse of “war crimes” and to obtain international support through the discourse of “Islamism” and terrorism. Although “a secular plan” to combat and replace “Islamism” may soothe the nerves of many in the international community, its deployment in (...) Bangladesh has paradoxically produced a dangerous culture of disappearances and extrajudicial killings, infringements on freedom of speech and the stifling of dissenting voices, and the interception of opposition programs and the torture of opposition leaders and activists. The regime has also made a mockery of the law and the country’s judicial system. Many commentators believe that the country’s law courts are now simply an extension of the regime’s political clout. In these circumstances, political repression continues unabated, and victims of persecution are left with inadequate legal recourse. In the name of combating “Islamic terrorism,” Bangladesh’s ruling regime has resorted to a reign of terror that is in many respects tantamount to what we know as fascism. (shrink)

Many people have a strong intuition that there is something morally objectionable about playing violent video games, particularly with increases in the number of people who are playing them and the games' alleged contribution to some highly publicized crimes. In this paper,I use the framework of utilitarian, deontological, and virtue ethical theories to analyze the possibility that there might be some philosophical foundation for these intuitions. I raise the broader question of whether or not participating in authentic simulations (...) of immoral acts in generalis wrong. I argue that neither the utilitarian, nor the Kantian has substantial objections to violent game playing, although they offer some important insights into playing games in general and what it is morally to be a ``good sport.'' The Aristotelian, however, has a plausible and intuitive way to protest participation in authentic simulations of violent acts in terms of character: engaging in simulated immoral actserodes one's character and makes it more difficult for one to live a fulfilled eudaimonic life. (shrink)

Criminologists have long acknowledged the link between a number of cognitive deficits, including low intelligence and impulsivity, and crime. A new wave of research has demonstrated that pharmacological intervention can restore or improve cognitive function, particularly executive function, and restore neural plasticity. Such restoration and improvement can allow for easier acquisition of new skills and as a result, presents significant possibilities for the criminal justice system. For example, studies have shown that supplements of Omega-3, a fatty acid commonly found in (...) food such as tuna, can decrease frequency of violent incidents in an incarcerated population. Research has also begun to explore the use of selective serotonin reuptake inhibitors to reduce impulsivity in some violent offenders. However, there are significant legal and ethical implications when moving from dietary supplements to prescription pharmaceuticals and medical devices for cognitive intervention. This paper will explore the legal and ethical issues surrounding the use of pharmacological intervention on prisoners as an effort to reduce crime and recidivism. (shrink)

Some contemporary philosophers maintain we lack the kind of free will that makes us morally responsible for our actions. Some of these philosophers, such as Derk Pereboom, Gregg Caruso, and Bruce Waller, also argue that such a view supports the case for significant reform of the penal system. Pereboom and Caruso explicitly endorse a quarantine model for dealing with dangerous criminals, arguing that while not responsible for their crimes such criminals should be detained in non-harsh conditions and offered the (...) opportunity for rehabilitation. Waller does not explicitly endorse the quarantine model, but his view is similar in significant respects. I argue that such views can too easily lead to the endorsement of legal policies which would result in more frequent punishment of innocent persons for crimes they have not committed. Thus, we should have deep moral reservations about such views. (shrink)

There is a burgeoning scientific and ethical literature on the use of biomarkers—such as genes or brain scan results—and biological interventions to predict and prevent crime. This literature on biopredicting and biopreventing crime focuses almost exclusively on crimes that are physical, violent, and/or sexual in nature—often called blue-collar crimes—while giving little attention to less conventional crimes such as economic and environmental offences, also known as white-collar crimes. We argue here that this skewed focus is unjustified: (...) white-collar crime is likely far costlier than blue-collar crime in money, health, and lives lost. Moreover, attempts to biopredict and bioprevent blue-collar crime may entail adopting potentially unfair measures that target individuals who are already socio-economically disadvantaged, thus compounding pre-existing unfairness. We argue, therefore, that we ought to extend the study of bioprediction and bioprevention to white-collar crime as a means of more efficiently and fairly responding to crime. We suggest that identifying biomarkers for certain psychopathic traits, which appear to be over-represented among senior positions in corporate and perhaps political organisations, is one avenue through which this research can be broadened to include white-collar crime. (shrink)

This paper examines the representation of mental illness and mental disorder in the Washington Community Protection Act of 1990 (WCPA), the first package of sexual predator legislation passed in the United States. I focus on the public outcry over a violent crime committed by a repeat sexual offender, Earl Shriner, and show how the act was drafted in direct response to this outcry. Following his arrest, there was a public discussion of a) whether the state had a responsibility to (...) cure individuals like Shriner before releasing them, and b) whether sex offenders could be cured at all. The WCPA was a landmark law because it shifted forensic psychology in the use of sexual criminals from an intervention model to a containment model, from a model that sought to separate out those sexual criminals who could be treated to a model that separated out sexual criminals because they could not be treated. I demonstrate here that this shift was made in response to the representation of Earl Shriner as a member of a group classified by legislators as having a coherent, recognizable and untreatable mental disorder that caused them to commit acts of sexual violence. (shrink)

States began passing legislation mandating the collection of genetic material from certain convicted offenders in 1988. By 1998, all 50 states had passed laws allowing DNA databases for convicted sexual offenders, and some states collected DNA from all those convicted of a felony. A survey of 416 persons in Maryland revealed wide support for the inclusion of convicted violent offenders (89%) in DNA databases, in sync with most states’ policies. Between two thirds and three quarters of respondents also supported (...) expanding DNA databases to include those suspected of a violent offense, any convicted felon, as well as all convicted offenders, minor and major. Support for collecting the DNA of those suspected of any crime and for all newborns was considerably less (44% to 45%). Although a comprehensive database is most effective for solving and deterring crimes, vigorously enforced protections against abuse of this technology must be in place. (shrink)

In this article, I focus on the work of the Movement of Victims of State Crimes in Colombia. The work of Movice, I suggest, is an example of how the category of “victim” from international law discourse is adopted and used from below by victims of mass atrocities. I show that, through this category, Movice attempts to introduce an alternative narrative of the internal armed conflict in which the state is a perpetrator of violence against civilian population as part (...) of a practice of elimination of political opposition through violent means. To do this, I focus on three political opportunities in which Movice deployed the category of victim between 2005 and 2016. I suggest that Movice is an example of how a movement of victims can adopt categories of international law to frame their struggles and, in doing so, infuse them with new contents. (shrink)

Neurological interventions are sometimes used to prevent criminal behavior. For instance, in some jurisdictions, sex offenders can be compelled to undergo treatment designed to reduce sexual desire. As David Birks and Thomas Douglas observe in their introduction to this volume, “chemical castration” may be just the tip of the iceberg. As neuroscience advances, it could reveal many other ways to control criminality. For instance, pharmacological treatments may help combat violent behavior or drug abuse. Such “crime-preventing neurointerventions” have been controversial. (...) On the one hand, proponents argue that CPNs could be both more effective and more humane than incarceration. On the other, critics argue that coercively imposed CPNs violate individual rights and that society has a poor track record of using medical interventions for social control. The nineteen original essays in this book comprehensively cover and effectively advance the moral debate over the appropriate use of CPNs. (shrink)

This article explores the relationships between crime, collective responses to it, and the social production of so-called great criminals. It argues that crime, especially sexual and violent crime, produces significant imbalances in individuals habitually subject to instrumental actions, identitarian thinking and positive law. These imbalances are emotional as well as cognitive and, under certain conditions of communication, can generate states of multitude, that is, collective states linked to an intense affectivity and to the prevalence of mythic or symbolic thinking. (...) These states reach their limits and become condensed in the mytho-historical figure of the great criminal. In this sense, great criminals are a function of such multitudinous states: points of imputation that concentrate and catalyze the affective imagination unleashed by collective effervescence. (shrink)

In mainstream discussion, violent crimes against women frequently are presented as inexplicable and their perpetrators as social deviants. Feminists have argued for an awareness of the sexually political and conformist nature of such crimes and have invented the word gynocide to name the range of systematic violence against women by men. I look at the issues raised by three recent manifestations of gynocide in the United States: the battering of Hedda Nussbaum and murder of Lisa Steinberg by (...) Joel Steinberg, the execution of serial killer Ted Bundy, and a series of murders of “prestigeless” women. (shrink)

Significant numbers of people believe that victims of violent crime are blameworthy in so far as they imprudently place themselves in dangerous situations. This belief is maintained and fuelled by ongoing social commentary. In this paper I describe a recent violent criminal case, as a foil against which I attempt to extract and refine the argument based on prudence that seems to support this belief. I then offer a moral critique of what goes wrong when this argument, continually (...) repeated as social commentary, is left unchallenged. The effect of failing to challenge this repeated argument is the view, held by many, that the vulnerable are imprudent; indeed, they are believed negatively responsible (partly or wholly) for the violence wrought upon their person. My central claim is that public declarations of blame are morally problematic partly because they focus responsibility away from perpetrators, and partly because they harm vulnerable citizens who, as a result of internalising such public blame, suffer unnecessary constraints on their liberty. (shrink)

This article refers to the main features of contemporary criminality in Lithuania. The period of analysis of those main features is 2004-2011. From 2004, a period of stable state registration of criminality, i.e. a period without significant changes in criminal laws commenced. The article deals with the analysis of spreading criminality in Lithuania, and the main socio-demographical features of persons charged with criminal offences. The registered number of criminal offences in 2011 decreased by about 15%, compared to 2004. The largest (...) decrease was recorded in 2007. Yet during the economic crisis, after 2007, the number of registered criminal offences slightly increased, however, as has already been mentioned, the registered number of criminal offences in 2011 was 15% less. Nevertheless, we must bear in mind that the changes in criminality came two-three years after certain social changes, in this case – the economic crisis. The characteristic features of the contemporary criminality in Lithuania are: the tendency of decrease in violent crimes (homicides, rapes, serious bodily injuries). During the researched period, the number of homicides decreased by 39%, of serious bodily harms – by 56%; and of rapes and attempts – by 26.5%. Another tendency is the decrease in property crimes. The most widespread property crime is theft. The registered number of thefts decreased by 25%. Among them, the registered number of car thefts decreased the most – by 65%; and the decrease of domestic burglaries amounted to 55.5%. The registered number of robberies decreased by 53%. During the researched period, destruction of or damage to property and swindling – their registered number – increased by 80% and 92% respectively. In the countries with much more developed market economy than in Lithuania (e. g. in Scandinavian countries), the indicators of those crimes are 2 to 3 times higher. This means, firstly, that in future the number of those crimes in Lithuania will increase; secondly, the decrease in violent crimes and the increase of swindling means that market economy in Lithuania has become more developed than before. In Lithuania, the number of persons charged with criminal offences during the researched period tended to decrease, but not much, only by 12%. Some socio-demographic characteristics of persons charged with criminal offences are: juveniles make up 15%; traditionally, they are men, but in contemporary criminality in Lithuania we observe a small (only by 3%) increase of women; the increase in the number of persons aged from 18 to 24 is observed, and it seems that the socio-economic situation of this age group has become more complicated; during the economic crisis in Lithuania, the number of unemployed and not studying persons increased significantly (up to 60% in the structure of all registered persons charged with criminal offences) and almost reached a problematic situation that existed during the transitional period from socialist economy to market economy, from totalitarian society to democratic society (before 2000). (shrink)

Although there are several provisions within the Nigerian legal framework that, however, address the issue of church attack, the state capacity to implement effective constitutional sanctioning on perpetrators of this heinous crime has always been found wanting or completely absent, leading to countless religious attacks on churches with seeming state consent. This study employs semi-structured interviews to draw data from affected families from Benue and Enugu States, Nigeria. The article explored their experiences. The study participants were recruited through snowball sampling (...) technique, and data were analysed thematically. The respondents stated that church killings or killing of Christians is rising because of the fact that perpetrators stand lower risk of detection and apprehension than other crimes. Also respondents interrogated that justification for the crime is land acquisition and religious intolerance. On the persistence of the challenge, all the 13 respondents stated that the crime seems to have state approval that has made it seemly impossible to tackle. The article calls for continuous inter-religious dialogue and intentional governmental responsibility in protecting lives of all persons living within the geographical enclave of Nigeria which is necessary for the common good. Closer understanding of other faiths and religions will help build bridges of peace and tolerance. The article also calls for the need to promote African traditional values, such as the value of sacredness of life, human respect and good neighbourliness. Contribution: This study initiated the discussions that will help the public understand the reason for continuous church attacks in Nigeria, what church crime connotes in the Nigerian context and its uniqueness from other crimes. These discussions sit quite well within the transdisciplinary religious perspective of this journal. (shrink)

BackgroundIn the early stages of the COVID-19 pandemic, many health systems, including those in the UK, developed triage guidelines to manage severe shortages of ventilators. At present, there is an insufficient understanding of how the public views these guidelines, and little evidence on which features of a patient the public believe should and should not be considered in ventilator triage.MethodsTwo surveys were conducted with representative UK samples. In the first survey, 525 participants were asked in an open-ended format to provide (...) features they thought should and should not be considered in allocating ventilators for COVID-19 patients when not enough ventilators are available. In the second survey, 505 participants were presented with 30 features identified from the first study, and were asked if these features should count in favour of a patient with the feature getting a ventilator, count against the patient, or neither. Statistical tests were conducted to determine if a feature was generally considered by participants as morally relevant and whether its mean was non-neutral.ResultsIn Survey 1, the features of a patient most frequently cited as being morally relevant to determining who would receive access to ventilators were age, general health, prospect of recovery, having dependents, and the severity of COVID symptoms. The features most frequently cited as being morally irrelevant to determining who would receive access to ventilators are race, gender, economic status, religion, social status, age, sexual orientation, and career. In Survey 2, the top three features that participants thought should count in favour of receiving a ventilator were pregnancy, having a chance of dying soon, and having waited for a long time. The top three features that participants thought should count against a patient receiving a ventilator were having committed violent crimes in the past, having unnecessarily engaged in activities with a high risk of COVID-19 infection, and a low chance of survival.ConclusionsThe public generally agreed with existing UK guidelines that allocate ventilators according to medical benefits and that aim to avoid discrimination based on demographic features such as race and gender. However, many participants expressed potentially non-utilitarian concerns, such as inclining to deprioritise ventilator allocation to those who had a criminal history or who contracted the virus by needlessly engaging in high-risk activities. (shrink)

In this paper, I argue that an account of security as a basic human right must incorporate moral security. Broadly speaking, a person possesses subjective moral security when she believes that her basic interests and welfare will be accorded moral recognition by others in her community and by social, political, and legal institutions in her society. She possesses objective moral security if, as a matter of fact, her interests and welfare are regarded by her society as morally important—for example, when (...) violent crimes against her being taken to warrant the same punishment and condemnation as equivalent crimes against others. Moral security, thus characterized, is an essential part of what it is to be secure as a human person, and any right to security must include it. In the first part of the paper I critique alternative narrower accounts of the right to security, before defending my account of moral security in Section 2. Section 3 explores how acts of racialized and gendered violence are attacks on the moral security of the victims and of all members of the groups to which the victims belong. Broader structural and institutional forms of racial and sexual discrimination further compound the impact of such acts on moral security. Understanding how racial and sexual discrimination and violence are attacks on moral security offers a new way of thinking about the scope and urgency of a state’s duty to combat racial and sexual discrimination, an issue I explore in the final section of the paper. -/- . (shrink)

@FP=Punishment in the contemporary United States is a massive and costly enterprise. As of 2001, approximately 5.6 million living adult residents of the United States had served time in a federal or state prison. In that same year, federal, state, and local governments in the United States spent $57 billion punishing these individuals, which does not include $72 billion to provide police protections and $38 billion to maintain the court system. An American resident is more than eight times more likely (...) to be incarcerated than a German resident and nearly nineteen times more likely than a Japanese resident. Despite the fact that our incarceration rates are so disproportionately high when compared to rates of other wealthy democracies, we suffer far more violent crime per capita than similar nations. In 2001, the reported offense rate per 100,000 for homicide in the United States was 5.6 while in Germany the rate was 3.23. For rape, the numbers are more disproportionate, with 31.8 in the U.S. compared with 10.45 in Germany. The comparison with Japan is still more dramatic, with Japanese homicide rates at 1.10 and rape rates at 1.85 per 100,000. The United States invests more in punishment than any other nation–both in terms of financial expenditure and the loss of freedom for millions of convicts–yet this price does not appear to result in a safer society. Given this, we must ask fundamental questions regarding punishment: What justifies punishment? What are the objectives of punishment? How should we accomplish those objectives? How important are those objectives when compared with other objectives, such as personal liberty? Imagine, for example, that we retained all of our current laws but one punishment applied for violating any of them: regardless of whether you were convicted of murder or exceeding the speed limit, you would be executed. Surely we could all be more confident that such a threat would reduce criminal activity, but with this security would come the anxiety that you or a loved one would be killed for committing a minor offense.. (shrink)

Rights to compensation are much invoked and much disputed in recent liberal debates. The disputes are generally about supposed fundamental rights to compensation, whose recognition and legal enactment would transform some lives. For example, special treatment in education or employment are claimed as compensation for past denials of equal opportunity; special consideration for Third World countries in aid and trade terms is claimed as compensation for the injustices of the colonial past. We can make ready sense of the idea of (...) legal rights to compensation. Legal rights to compensation guarantee recompense for damage suffered. The damage for which compensation is given may or may not be produced by wrongdoing; it may also be negligent or accidental or due to natural causes. In law, compensation is not always contingent upon the victim having suffered injury as well as harm, nor upon saddling a wrong-doer with the costs of compensation. Insurance policies standardly cover damage due to accident and neglect. Legal rights to compensation may provide for payments to victims of violent crime, to those whose property is requisitioned or damaged, to victims of libel or malpractice, and even to victims of natural disasters such as floods or earthquakes. Legal rights to compensation are a standard way of dealing with the predicament of those who become victims, whether of others' action, of their own negligence, or of natural catastrophe. None of this shows that there are fundamental rights to compensation. Legal rights to compensation may lack moral grounding: and if they are morally grounded, they may rest not on fundamental rights to compensation, but on background positions in which rights are derivative or inessential. (shrink)

Psychopathy fascinates. Modernist writers construct out of it an image of alienated individualism pursuing the moment, killing they know not why, exploiting in passing, troubled, if troubled at all, not by guilt, but by perplexity (Camus 1989; Gide 1995; Mailer 1957; Musil 1996). Psychiatrists and psychologists—even those who should know better—are drawn by it to take off into philosophical speculation about morality, evil, and the beast in man (Mullen 1992; Simon 1996). Philosophers succumb to the temptation of attempting to ground (...) speculation in the supposed facticity of psychopathy. -/- Psychopathy is a cultural construct with roots going back to the eighteenth century, but which only came to full flower over the last fifty years (Hare 1998; Lewis 1974). The currently fashionable constructions of psychopathy find wide acceptance among clinicians and academics. The problem is, however, whether the concept has connections that have been established to the behavior, psychopathology, or the structure and function of brain worthy of according even a modest level of scientific status. There is little point in basing an argument on some supposed scientific gold standard if what glitters is iron pyrites (fools' gold). -/- Neil Levy's opening paragraph contains the statement "Yet in other respects they seem quite irrational; so much so that the term moral insanity has sometimes been applied to them" (p. 129). This both asserts that there is a category "them," namely the psychopaths, and connects them to "moral insanity." Moral insanity entered the language of psychiatry when Pritchard chose to use the term to translate Pinel's category of mania sans deliré (Pritchard 1836). Pinel was attempting to conceptualize a range of disorders that bordered on insanity in the sense of severe disturbances of affect, judgment, and behavior, but that were not accompanied by hallucinations or delusions (Pinel 1798/1964). In today's terminology, the cases he described would probably fall into diagnostic groups, including major depression, bipolar disorder, epilepsy, and a range of personality disorders. A number of his more striking case histories involved antisocial and even murderous behavior, which probably reflected Pinel's role in assessing offenders for the criminal courts of Paris. Pritchard's use of the English word "moral" reflected an appeal first to its use at the time to designate something which was like or similar, but not identical (a usage the OED labels "vulgar"), and second moral in the sense of ethical, conforming to virtuous behavior. Anglophones seized on the latter meaning, although Pinel emphasized the former. Forty years later, Henry Maudsley, the most widely read psychiatrist of his generation, could assert that moral insanity was as real as Colour blindness, some people being Colour blind and some moral blind (Maudsley 1879). Moral insanity became connected variously to phrenology with its own bump over the underlying moral cortex, with the twisted genetics of degeneration, with atavistic theories of criminality, and with a range of disorders of brain from epilepsy to frontal lobe damage (Combed 1853; Ellis 1890; Pick 1989). Although it is anachronistic to use the terms "psychopathy" and "moral insanity" together, it is clear they occupied a similar social and psychiatric space, albeit in different era. This should caution against too ready acceptance of psychopathy which may turn out to be as empty and dangerous a conceptualization as moral insanity. Why dangerous? Dangerous to those labeled, because the morally insane and the moral imbeciles were placed in preventive detention in asylums and prisons, and even sterilized in some jurisdictions. Dangerous to society, because it gave a spurious scientific justification for viewing crime not as reflecting the social evils of deprivation, ignorance, and inequality but as the ravages of the born criminals. -/- Psychopaths are not, as Levy asserts, "(causally) responsible for … more than fifty percent of violent crime" (p. 129). A proportion of violent offenders, which varies widely between observers, are labeled psychopaths. This is often on the basis of Hare's psychopathy checklist, which is a subjective, albeit through training aspiring to be reproducible, and to some extent self-sustaining, evaluation system (Hare 1980, 2003). Part of the checklist gathers data on prior antisocial behavior; part constrains the examiner to subjectively estimate such matters as glibness and callousness, part requires judgments about whether the... (shrink)

Academic dishonesty is an insidious problem that besets most tertiary institutions, where considerable resources are expended to prevent and manage students' dishonest actions within academia. Using a mixed retrospective and prospective design this research investigated Gottfredson and Hirschi's self-control theory as a possible explanation for academic dishonesty in 264 university students. The relationship between academic dishonesty and general criminality was also examined. A significant but small to moderate relationship between academic dishonesty and general criminality was present, including correlations with general (...) dishonesty, violent crime and drug offending subcategories. These findings suggested that a general criminological theory may be of use in explaining academic dishonesty, but the overall ability of self-control variables to explain academic dishonesty was not strong. Controlled logistic regressions indicated that a significant positive association with academic dishonesty was only present for one of 6 self-control subscales (self-centeredness), and even this association was only present in the prospective study component. A strong relationship between past and future academic dishonesty was present. Implications of the study for institutions are discussed. (shrink)

In this article I want to ask what we should do, either collectively or individually, if we could identify by genetic and family profding the 12% of the male population likely to commit almost half the violent crime in our society. What if we could identify some individuals in that 12% not only at birth, but in utero, or before implantation? I will explain the source of these figures later; for now, I will use them only to provide a (...) concrete example of the kind of predictive claims we can expect to be made with some frequency, and some scientific credibility, over the next generation. I will adopt an outlook that one commentator has called “pragmatic optimism,” but which could also be called technological optimism - the belief that a science or technology will achieve many or most of its advertised goals. My optimism will be directed towards human behavioral genetics, the source of predictions like the one I just offered; I will assume that this controversial discipline will achieve a substantial pan of its scientific ambition to identlfy genetic differences among individuals that help predict and possibly explain future behavior, psychological health, and cognitive skill. This optimism is very limited -it concerns the scientific success of behavioral genetics, not the social value of that success. (shrink)

In this article I want to ask what we should do, either collectively or individually, if we could identify by genetic and family profding the 12% of the male population likely to commit almost half the violent crime in our society. What if we could identify some individuals in that 12% not only at birth, but in utero, or before implantation? I will explain the source of these figures later; for now, I will use them only to provide a (...) concrete example of the kind of predictive claims we can expect to be made with some frequency, and some scientific credibility, over the next generation. I will adopt an outlook that one commentator has called “pragmatic optimism,” but which could also be called technological optimism - the belief that a science or technology will achieve many or most of its advertised goals. My optimism will be directed towards human behavioral genetics, the source of predictions like the one I just offered; I will assume that this controversial discipline will achieve a substantial pan of its scientific ambition to identlfy genetic differences among individuals that help predict and possibly explain future behavior, psychological health, and cognitive skill. This optimism is very limited -it concerns the scientific success of behavioral genetics, not the social value of that success. (shrink)

Millions of people in our world are in need of assistance: from the global poor, to refugees, from the victims of natural disasters, to those of violent crimes. What are our responsibilities towards them? Christian Barry and Gerhard Øverland’s answer is plausible and straightforward: we have enforceable duties to assist others in need whenever we can do so ‘at relatively moderate cost to ourselves, and others’. Barry and Øverland defend this answer on the ground that it best fits (...) our intuitions in a variety of hypothetical rescue scenarios. I argue that, although Barry and Øverland’s view is intuitively appealing, appeal to intuitive cases is insufficient to vindicate it satisfactorily. Intuitive cases alone do not allow us to establish: (i) what costs count as moderate and (ii) whether assistance-based responsibilities are, in fact, enforceable. These considerations suggest that Barry and Øverland’s defence of their preferred answer to the assistance question may be incomplete. (shrink)

DNA identification methods are such an established part of our law enforcement and criminal justice systems it is hard to believe that the technologies were developed as recently as the mid-1980s, and that the databases of law enforcement profiles were established in the 1990s. Although the first databases were limited to the DNA profiles of convicted rapists and murderers, the success of these databases in solving violent crimes provided the impetus for Congress and state legislatures to expand the (...) scope of the databases with little critical examination of each expansion's value to law enforcement or cost to privacy and civil liberties.We are now entering a new stage of DNA forensics, in which successive database expansions over the last decade have raised the possibility of creating a population-wide repository. In addition, new applications of DNA profiling, including familial and low stringency searches, have been added to DNA dragnets, the use of medical samples for forensic analysis, and other measures to create a series of crucial, yet largely unexplored, second-generation legal and policy issues. (shrink)

Human Dignity in Contemporary Ethics develops a holistic and relevant understanding of human dignity for ethics today. Whilst critics of the concept of human dignity call for its dismissal, and many of its defenders rehearse the same old arguments, this book offers an alternative set of methodological assumptions on which to base a revitalized and practical understanding of human dignity, which at the same time overcomes the challenges that the concept currently faces. The Component Dimensions of Human Dignity model enables (...) human dignity to serve both as a descriptive category that explains moral choices, and as a normative criterion that helps to evaluate moral behaviour. A consideration of two cases--violent crime and physician-assisted suicide--demonstrates how the model offers a way to avoid the pitfalls of both moralism and moral relativism, while still leaving space for relativity in ethics. By using an approach that should be acceptable to both religious and secular perspectives alike, this book offers a unique way out of the 'dignity talk' that currently plagues ethics. (shrink)

The current investigation examines the incidence of clients telling their psychotherapists of committing violent crimes for which they have not been prosecuted. Thirteen percent of the psychologists surveyed indicated that on at least one occasion a client self-disclosed to them during a psychotherapy session that he/she had murdered someone, not including the killing of another person in the line of duty in the military or as a public peace officer. One third of the psychologists had clients self-disclose an (...) unprosecuted incident of a sexual assault, and more than two thirds had clients self-disclose an unprosecuted incident of a physical assault during a psychotherapy session. Data are reported on psychotherapists' views of the impact of such disclosures on the psychotherapy relationship, adequacy of being informed regarding legal obligations after hearing such reports of violence, and adequacy of graduate preparation to deal with these clinical situations. (shrink)

This paper organizes the question of gun controls as violence policy under two quite different headings. The first issue to be discussed is the relationship between gun use and the death rate from violent crime. The second question is whether and how firearms control strategies might reduce the death rate from violence. When we review the evidence on the relationship between guns and violence, it seems clear that gun use, usually handgun use, increases the death rate from violence by (...) a factor of three to five. Nobody in mainstream social science or criminology argues against such weapon effects these days, although some are more skeptical of the magnitude estimated than others. Thus the problem is both genuine and important. (shrink)