The author of the paper considers the influence of the jurisprudence of the Constitutional Court as the only official entity entitled to interpret the Constitution on the criminal procedure. The paper contains the review the following three trends of impact of the constitutional jurisprudence: influence on the legislature in criminal procedure law, influence on the practice of implementation of criminal procedural law and on the science of criminal procedural law. The paper mostly relies (...) on the works by professionals in the field of constitutional law, including publications by prof. dr. Juozas Žilys, the first Chairman of the Constitutional Court of the Republic of Lithuania and the former dean of the Law Faculty of Mykolas Romeris University, as the area of criminal procedure has so far included only several publications, the direct objective of which was to study issues on the constitutionalisation of criminal procedure. (shrink)

Having a criminal justice system that imposes sanctions no doubt does deter criminal conduct. But available social science research suggests that manipulating criminal law rules within that system to achieve heightened deterrence effects generally will be ineffective. Potential offenders often do not know of the legal rules. Even if they do, they frequently are unable to bring this knowledge to bear in guiding their conduct, due to a variety of situational, social, or chemical factors. Even if they (...) can, a rational analysis commonly puts the perceived benefits of crime greater than its perceived costs, due to a variety of criminal justice realities such as low punishment rates. These conclusions are reinforced by studies of crime rates following rule changes. Many show no change in deterrent effect. Those that purport to show a deterrent effect commonly have persuasive non-deterrence explanations, such as a change in incapacitative effect. The few studies that segregate deterrent and incapacitative effects tend to reinforce the conclusion that rule formulation has a deterrent effect only in those unusual situations in which the preconditions to deterrence exist. Even there, the deterrent effects are quite minor and unpredictable, hence inadequate grounds to influence criminal law rule making. (shrink)

Criminal law is one of the regulatory tools being used in the United States to influence risk behavior by people who have HIV/AIDS. Several different types of laws have been or could be used in this way These include:HIV-specific exposure and transmission laws — i.e., laws that explicitly mention and exclusively apply to conduct by people with HIV;public health statutes prohibiting conduct that would expose others to communicable diseases and/or sexually transmitted diseases ; andgeneral criminal laws governing (...) attempted murder and assault. (shrink)

This invited entry offers a brief overview of criminal responsibility. -/- The first part starts with a question: is Clyde criminally responsible for killing his girlfriend Bonnie? The answer: it depends. Particular circumstances determine whether Clyde is guilty of murder, guilty of manslaughter, not guilty because he has a good excuse, or not guilty because he has a good justification. -/- The second part addresses the complicated relationship between criminal responsibility and moral responsibility. Until recently, both concepts were (...) considered to be more or less interchangeable. But there is a growing movement, which I refer to as "responsibility skepticism," which maintains that moral responsibility is either physically or metaphysically impossible. If the responsibility skeptics are right (that moral responsibility is impossible), then what are the implications for criminal responsibility and just criminal punishment? Should we abandon these as well? Or can they survive without moral responsibility? I try to answer these questions. -/- The third part addresses social causation. The criminal justice system tends to be "dispositionalist"; it tends, that is, to assume that criminal responsibility resides entirely within the defendant. Dispositionalism, however, overlooks the fact that who we are and what we do are significantly determined by environmental influences. I then try to show that this "situationist" alternative to dispositionalism should not radically alter our approach to criminal punishment. -/- The final part briefly discusses the difficulty in evaluating criminal responsibility when the defendant is both an offender and a victim - especially when the defendant is an offender *because* of his victimization. (shrink)

The goal of improving public health involves the use of different tools, with the law being one way to influence the activities of institutions and individuals. Of the regulatory mechanisms afforded by law to achieve this end, criminal law remains a perennial mechanism to delimit the scope of individual and group conduct. However, criminal law may promote or hinder public health goals, and its use raises a number of complex questions that merit exploration. This examination of the (...) interface between criminal law and public health brings together international experts from a variety of disciplines, including law, criminology, public health, philosophy and health policy, in order to examine the theoretical and practical implications of using criminal law to improve public health. (shrink)

Cult Criminals is a set of early Victorian novels 'sensationally' popular with readers and of immense influence in the development of the novel form. All six novels, commonly labelled 'Newgate' novels, scandalized the Victorians by glamorizing criminals and led to a bitter literary controversy between Dickens and Thackeray, who damned the former's Oliver Twist as a 'Newgate' novel. At the heart of the 'Newgate' debate lay questions concerning the moral and social function of the novel, the relationship between romance (...) and realism in fiction, and whether crime should be portrayed in fiction at all. The Newgate novels function as a bridge between the eighteenth- century tradition of crime fiction and the detective and crime novels of the nineteenth and twentieth centuries, as well as encapsulating many of the social and cultural shifts that took place in the early Victorian period. (shrink)

Criminal law is one of the regulatory tools being used in the United States to influence risk behavior by people who have HIV/AIDS. Several different types of laws have been or could be used in this way These include:HIV-specific exposure and transmission laws — i.e., laws that explicitly mention and exclusively apply to conduct by people with HIV;public health statutes prohibiting conduct that would expose others to communicable diseases and/or sexually transmitted diseases ; andgeneral criminal laws governing (...) attempted murder and assault. (shrink)

Hacia fines del siglo XIX y principio del XX se desarrolla en la Argentina un importante debate en torno al derecho penal, en el que muchos intelectuales, formados bajo la influencia del biologicismo darwiniano, intervienen para cuestionar el Código Penal, vigente desde 1887. En nuestro trabajo analizamos los desarrollos de José Ingenieros sobre el tema, profundizando el estudio de los conceptos que propone y atendiendo a la transformación radical que éstos implican en lo que hace a la comprensión del derecho, (...) de la delincuencia y de su tratamiento. A lo largo del trabajo reconocemos en las formulaciones de Ingenieros una renovación del campo conceptual en el tratamiento del delito, de acuerdo con un nuevo esquema de estudio e investigación de la delincuencia, una nueva clasificación de los sujetos criminales y nuevo sentido para la institución jurídica. A partir de allí analizamos sus consecuencias en términos de un nuevo mapa disciplinar para el tratamiento de la delincuencia, en el que la psicología pasaría a ocupar un rol protagónico, poniendo de manifiesto sus potencialidades para la intervención normalizadora del campo social. In the end of 19th Century and the beginning of the 20th it develops in Argentine an important discussion around penal law, in which many intellectuals, under the influence of Darwinian biologicism, query the Penal Code, current since 1887. In our article we analyze Jose Ingenieros' explanations about this topic, studying the concepts that he proposes and attending to the radical transformation that they imply for the understanding of law, of crime and of its treatment. In this paper we recognize in Ingenieros' formulations a renovation of the conceptual field in the treatment of crime, according with a new outline of the study and investigation of crime, a new criminal's classification and a new sense for the legal institution. We also analyze its consequences in terms of a new disciplinary map for crime's treatment, in which psychology assumes a central place, showing its potentialities for the normalizing intervention in the social field. (shrink)

The paper seeks to analyse how two domestic courts decided criminal trials under circumstances of emotional mobilisation and political stress. Decisions from Argentina after 1983 and Romania after Ceausescu’s dictatorship illustrate how citizens’ affects influence courts’ choices within penal cases. Both cases show how the judiciary had to enter a dialogue with resentful and indignant claims for redress. However, while the Argentinean court filtered emotions through the strainer of equal respect and thus pushed the cause of democratic justice (...) ahead, the Romanian case serves as a cautionary tale about how not to correct injustices through criminal law. These two cases provide us with important lessons about the obstacles, but also the opportunities associated with public emotions during periods of radical political transformation. (shrink)

The expression 'the criminal question' does not at present have much currency in English-language criminology. The term was carried across from Italian debates about the orientation of criminology, and in particular debates about what came to be called critical criminology. One definition offered early in the debate described it as 'an area constituted by actions, institutions, policies and discourses whose boundaries shift'. According to this writer, crime, and the cultural and symbolic significance carried by law and criminal justice, (...) is an integral aspect of the criminal question. 'The criminal question' draws attention to the specific location and constitution of a given field of forces, and the themes, issues, dilemmas and debates that compose it. At the same time it enables connections to be made between these embedded realities and the wider, conceivably global, contours of influence and flows of power with which it connects. This in turn raises many questions. How far do the responses to crime and punishment internationally flow from and owe their contemporary shape to the cultural and economic transformations now widely known as 'globalisation'? How can something that is in significant ways embedded, situated, and locally produced also travel? What is not in doubt is that it does travel - and travel with serious consequences. The international circulation of discourses and practices has become a pressing issue for scholars who try to understand their operation in their own particular cultural contexts. This collection of essays seeks a constructive comparative view of these tendencies to convergence and divergence. (shrink)

This study investigated whether employee perceptions of corporate social responsibility (CSR) were associated with the presence of Corporate Psychopaths in corporations. The article states that, as psychopaths are 1% of the population, it is logical to assume that every large corporation has psychopaths working within it. To differentiate these people from the common perception of psychopaths as being criminals, they have been called “Corporate Psychopaths” in this research. The article presents quantitative empirical research into the influence of Corporate Psychopaths (...) on four perceptual measures of CSR and three further measures of organizational commitment to employees. The article explains who Corporate Psychopaths are and delineates the measures of CSR and organizational commitment to employees that were used. It then outlines the research conducted among 346 corporate employees in Australia in 2008. The reliability of the instrument used is commented on favorably in terms of its statistical reliability and its face and external validity. Results of the research are described showing the highly significant and negative influence of Corporate Psychopaths on all of the measures of CSR and of organizational commitment to employees used in the research. When Corporate Psychopaths are present in leadership positions within organizations, employees are less likely to agree with views that: the organization does business in a socially desirable manner; does business in an environmentally friendly manner and that the organization does business in a way that benefits the local community. Also, when Corporate Psychopaths are present in leadership positions within organizations, employees are significantly less likely to agree that the corporation does business in a way that shows commitment to employees, significantly less likely to feel that they receive due recognition for doing a good job, to feel that their work was appreciated and to feel that their efforts were properly rewarded. The article argues that academics and researchers in the area of CSR cannot ignore the influence of individual managers. This is particularly the case when those managers have dysfunctional personalities, or are actually psychopaths. The article further argues that the existence of Corporate Psychopaths should be of interest to those involved in corporate management and corporate governance because their presence influences the way corporations are run and how corporations affect society and the environment. (shrink)

It is often maintained that, since the buying and selling of organs—particularly the kidneys—of living people supposedly constitutes exploitation of the living vendors while the so-called “altruistic” donation of them does not, the former, unlike the latter, should be a crime. This paper challenges and rejects this view. A novel account of exploitation, influenced by but different from those of Zwolinski and Wertheimer and of Wilkinson, is developed. Exploitation is seen as a sort of injustice. A distinction is made between (...) justice and fairness. To exploit someone is to take advantage of him or her unjustly. Exploitation pertains to the nature of actions, interactions, and transaction rather than to their outcomes or to how they are perceived by exploitees. Desperation on the part of one or other of the parties to a transaction does not preclude the giving of valid consent to the transaction. Disparities of power or wealth between the parties to a transaction do not indicate or entail that the transaction will be exploitative. A disparity in the benefits that arise from a transaction between the parties does not indicate or entail that exploitation has taken place. (shrink)

Humans must take moral and criminal responsibility for making a free choice between good and evil, according to Chŏng Yakyong, and this view was influenced by Matteo Ricci. Choosing to commit an evil action means committing a willful crime, so one must take responsibility for this action in the form of punishment. However, unintentional wrongdoings can be forgiven. For example, a man stealing to survive or killing a robber in order to live should not be punished, because these individuals (...) have no choice but to do so. Those claims of Chŏng are his own creation, not influenced by Ricci or Confucianism. By contrast, the idea that a child’s intentional hiding of his father’s crime should not be punished because of the child’s duty of filial piety was influenced by Confucianism. However, a large crime committed by a child on the basis of filial piety, such as committing murder to rescue one’s mother, only lends cause for commutation. Unlike Chŏng, Ricci regarded a child’s act of stealing bread to feed his family as an action of evil rather than an act of filial piety, since theft is an evil action. (shrink)

The prosecution of international crimes is a challenge both under international and domestic law. Taking the example of international criminal law (ICL) , the fullest realization of its objectives is influenced by many factors including; (a) the adoption of appropriate laws by states, (b) the adequacy of the ICL framework on definitions of crimes and principles of criminal responsibility, (c) the level of political control and involvement in decision making related to investigation, prosecution or extradition, (d) Problems with (...) exclusion including restrictions on the rights of victims with regard to the proceedings and to reparation, and (e) The application of provisions for amnesties and similar measures of impunity. -/- Over the years, the mandate of States under ICL has expanded. Key reforms under ICL and domestic laws have been led by the above mentioned concerns. The scope of state obligations, in particular, has been shaped by the standards adopted under the ICL framework including the "duty to prosecute" international crimes. The article discusses the normative significance of the "duty to prosecute". (shrink)

This article deals with one aspect of imparting criminal justice in the context of various objective and subjective determiners. It provides some indication of the breadth, quality, and value of the empirical research work that has been conducted in this area of the law. It considers the pervasive influence of two broad issues—efficiency and security—on decision-making in criminal justice systems across various jurisdictions. It illustrates the contingent nature of the criminal process and discusses the social and (...) political issues, the institutions of the criminal justice system, legal doctrine, policies, and working practices which are the product of complex reflexive relationships. The frame includes the subjective aspects of the decision-maker, his behavioral subjectivity and the prism through which he perceives the matter at hand. This article ends by suggesting a pressing need for empirical research that reveals how policy and practice are influenced by these concepts. (shrink)

The tradition of international criminal tribunals which started with the Nuremberg and Tokyo tribunals was returned with the International Criminal Tribunal for the former Yugoslavia. As a result of the bloody wars in the territory of the former Yugoslavia in the 1990s, the Security Council of the United Nations decided to establish the ICTY as an ad hoc tribunal, that was approved by the resolutions 808 and 827. The main purpose of the paper is to highlight the features (...) of the ICTY during its mandate from 1993 to 2017. For the realization of this research are used qualitative methods, based on the bibliography that is related with international criminal law, with special emphasis with the activities of international criminal tribunals. Furthermore, some data are also collected from the credible internet sources, which have valuable information about the procedures of the ICTY and for the International Residual Mechanism for Criminal Tribunals. The results of the study demonstrate that during its mandate, the ICTY was accompanied with a lot of successes which distinguish it from the other international criminal tribunals. At the same time, the ICTY has also a lot of failures, which have come as a result of various political influences within it. The conclusions of this paper aim to increase knowledge about the activity of the ICTY, by offering important information for its establishment and organs, and for its main successes and failures. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Key Concepts: Criminal ResponsibilityCarl Elliott (bio)AbstractMentally disordered persons occasionally do things for which we would ordinarily blame or even punish a non-disordered person. We often do not blame mentally disordered persons for these actions, however, because we regard mental disorders, at least in some circumstances, as an excuse from moral responsibility. For moral philosophy and the law, the challenge is to understand the specific circumstances under which a (...) mental disorder should excuse an offender from responsibility for his or her actions. Because different types of psychopathology influence a person’s intentions and character in very different ways, judgments of responsibility crucially depend upon the specific nature of a mental disorder. They also depend on adequate understandings of concepts such as moral understanding, especially in the case of psychopathy, as well as an understanding of the reasons why mental disorders may excuse a person from responsibility.Keywordsintention, M’Naghten Rules, irresistible impulse, personality disorders, psychopathyThe mentally ill often do things for which they are not responsible. This has long been recognized, by both morality and the law. But just which mentally ill persons should be excused, and under what circumstances, is an altogether more complicated affair.In the Nicomachean Ethics, Aristotle distinguishes two types of involuntary actions, for which (by implication) a person might be excused from responsibility: those done in ignorance, and those that were compelled. Both excuses are variations on the theme of non-intention. If a person did not intend to act as he did—either because he did not know what he was doing, or because he could not help acting as he did—then he is not responsible for the action. Intention is also a key point for the law, which traditionally has said that for a crime to have been committed, it must be accompanied by evil intent, or mens rea (literally, “guilty mind.”)The problem comes in saying how these distinctions play out for the mentally ill offender. The most widely used standards for determining criminal (legal) responsibility are based on the M’Naghten Rules, which excuse a person from responsibility for an act if, as a result of a mental disorder, he did not know the nature and quality of the act, or did not know that the act was wrong. This standard works nicely for the paradigmatic cases of mentally ill offenders; it would excuse, for example, the person with paranoid schizophrenia who strikes out violently at a person he falsely believes is threatening his life. However, it is unclear on several other points, the most famous of which relates to Aristotle’s excusing condition of compulsion. How should we regard those people, for example, whose psychosis impairs their ability to control their behavior, or whose mental disorders involve the control of their unusual desires, such as kleptomania, pyromania, pedophilia and voyeurism? Many of the [End Page 305] latter such persons are aware of the nature and quality of what they desire to do, and they are aware that it is wrong, but they find great difficulty in resisting their desires.One well-known effort to remedy this deficiency was the “irresistible impulse” test, which excused those persons who as a result of their condition had acted on desires that were irresistible. Yet the difference between an irresistible desire and a desire not resisted has proven notoriously difficult to distinguish, in practice as well as in theory.Another chronic source of philosophical controversy is the question of responsibility for one’s character. In psychiatry, this debate surfaces most often with patients who have personality disorders. Ordinarily, since persons cannot control whether they incur a mental illness, they can be excused from responsibility for some actions they have taken while they were mentally ill. However, personality disorders are also (in some sense) beyond a person’s control, being the product of genetic inheritance and upbringing. This raises old issues of psychological determinism: if personality disorders are beyond a person’s control, is it just to hold that person responsible for the actions that result from them?On the other hand, even if personality disorders are within the proper domain of psychiatry, they are obviously quite different from... (shrink)

Epistemologists have posed the following puzzle, known as the proof paradox: Why is it intuitively problematic for juries to convict on the basis of statistical evidence and yet intuitively unproblematic for juries to convict on the basis of far less reliable, non-statistical evidence? To answer this question, theorists have explained the exclusion of statistical evidence by arguing that legal proof requires certain epistemic features. In this paper, I make two contributions to the debate. First, I establish the Criminal Verdict (...) Asymmetry, a previously-unarticulated asymmetry between the epistemic norms of guilty and not guilty verdicts. I argue that the prosecution and defense’s different epistemic burdens influence whether statistical evidence can generate the type of verdict each side pursues. Second, I point out a mistake in how theorists have understood the role of statistical evidence in criminal trials. Though epistemologists have primarily focused on whether statistical evidence can generate specific epistemic features required for convictions, I consider whether statistical evidence can demonstrate a lack of such features. I find that there are epistemic advantages to allowing the defense to introduce statistical evidence which can reveal the prosecution’s failure to prove the defendant’s guilt. (shrink)

After briefly sketching an historical account of criminal law that emphasizes its longstanding reach into social, commercial and personal life outside the core areas of criminal offenses, this paper explores why criminal law theory has never succeeded in limiting the content of criminal codes to offenses that fit the criteria of dominant theories, particularly versions of the harm principle. Early American writers on criminal law endorsed no such limiting principles to criminal law, and early (...) American criminal law consequently was substantively broad. But even with the rise of theories in the mid-nineteenth century that sought to limit criminal law’s reach, codified offenses continued to widely and deeply regulate social life and exceed the limits of those normative arguments. This essay suggests that this practical failure of criminal law theory occurred because it was never adopted by an institutional actor that could limit offense definitions in accord with normative commitments. Legislatures are institutionally unsuited to having their policy actions limited by principled arguments, and courts passed on the opportunity to incorporate a limiting principle for criminal law once they began, in the Lochner era, actively regulating legislative decisions through Constitutional law. The one avenue through which criminal law theory has had some success in affecting criminal codes is through the influence of specialized bodies that influence legislation, especially the American Law Institute advocacy of the Model Penal Code. But the institutional structure of American criminal law policymaking permits an unusually small role for such specialized bodies, and without such an institutional mechanism, criminal law theory is likely to continue to have little effect on actual criminal codes. (shrink)

Do free will beliefs influence moral judgments? Answers to this question from theoretical and empirical perspectives are controversial. This study attempted to replicate past research and offer theoretical insights by analyzing World Values Survey data from residents of 46 countries (n = 65,111 persons). Corroborating experimental findings, free will beliefs predicted intolerance of unethical behaviors and support for severe criminal punishment. Further, the link between free will beliefs and intolerance of unethical behavior was moderated by variations in countries’ (...) institutional integrity, defined as the degree to which countries had accountable, corruption-free public sectors. Free will beliefs predicted intolerance of unethical behaviors for residents of countries with high and moderate institutional integrity, but this correlation was not seen for countries with low institutional integrity. Free will beliefs predicted support for criminal punishment regardless of countries’ institutional integrity. Results were robust across different operationalizations of institutional integrity and with or without statistical control variables. (shrink)

This chapter addresses the potential contributions of neuroscience to criminal justice decision-making and policy, with special emphasis on criminal responsibility. The central question is whether neuroscience is relevant to criminal justice. The general conclusion is that it is scarcely useful at present but may become more relevant as the science progresses. After explaining the meaning of criminal responsibility in use, the chapter speculates about the source of claims for the positive influence of neuroscience. The scientific (...) status of behavioral neuroscience and two radical challenges to responsibility neuroscience allegedly raises, determinism and the death of agency, are discussed next. Then, the specific relevance of neuroscience to criminal law and the use of neuroscience in criminal cases in the United States and abroad are addressed. The penultimate section points to some areas warranting modest optimism for the use of neuroscience in criminal justice. A brief conclusion follows. (shrink)

In this 2001 volume a group of leading philosophers address some of the basic conceptual, methodological and ethical issues raised by genetic research into criminal behavior. The essays explore the complexities of tracing any genetic influence on criminal, violent or antisocial behavior; the varieties of interpretations to which evidence of such influences is subject; and the relevance of such influences to the moral and legal appraisal of criminal conduct. The distinctive features of this collection are: first, (...) that it advances public discussion while clarifying the debate about genetic research and criminal behavior; second, that it explains scientific controversies about behavioral genetics in lucid, non-technical terms; third, that it demonstrates how the possible findings on genetics and crime bear on fundamental issues of moral and criminal responsibility. The volume will be of particular value to philosophers concerned with applied ethics, behavioral geneticists, psychologists, legal theorists, and criminologists. (shrink)

The American criminal justice system falls far short of democratic ideals. In response, democratic communitarian localism proposes a more decentralized system with a greater emphasis on local control. This approach aims to deconcentrate power and remove bureaucracy, arguing local control would reflect informal cultural life better than our current system. This view fails to adequately address localized domination, however, including in the background culture of society. As a result, it underplays the need for transformative, democratizing change. Rejecting communitarian localism, (...) I defend a mass deliberative democratic approach to criminal justice reform that relies on institutions outside localities to democratize local institutions and background cultural patterns. Nonetheless, local institutions must be empowered to exert democratic control, as well as to influence institutions outside the locality. This process of democratic co-development offers greater hope for political equality, non-domination, and inclusive democratic deliberation about criminal law than democratic communitarian localism. (shrink)

El objetivo de este trabajo es analizar uno de los ejemplos más notorios de reduccionismo biológico del siglo XIX: la Antropología Criminal, una teoría cuya influencia se hizo notar en ámbitos muy diversos. Sin embargo, fue en el derecho penal donde la influencia de Lombroso resultó más duradera, ya que sus propuestas se materializaron en los códigos penales de varios países. Se tratará de entender la influencia de Darwin y de la idea Haeckeliana de recapitulación sobre Lombroso, y también (...) que factores presentes en la época favorecieron la credibilidad que tuvo esta teoría en su momento.The main objective of this research is to analyze one of the most notorious examples of the XIX century biological reductionism: the Criminal Anthropology, a theory which had a major influence on different areas. Nevertheless, it was the penal law where Lombroso’s influence remained longer, as his ideas were materialized in the penal codes of several countries. We’ll try to enlighten Lombroso’s thoughts under the influence of Darwin’s theory and the Haeckelian idea of recapitulation, and finally the factors which favoured this theory credibility at its time. (shrink)

Kant argued that individuals should be punished “proportional to their internal wickedness,” and recent work has demonstrated that essentialism—the notion that observable characteristics reflect internal, biological, unchanging “essences”—influences moral judgment. However, these efforts have yielded conflicting results: essentialism sometimes increases and sometimes decreases moral condemnation. To resolve these discrepancies, we investigated the mechanisms by which essentialism influences moral judgment, focusing on perceptions of actors’ control over their behavior, the target of essentialism (particular behaviors vs. actors’ character), and the component of (...) essentialism (biology vs. immutability). Participants punished people described as having a criminal essence more than those with a non‐criminal essence or no essence. Probing potential mechanisms underlying this effect, we found a mediating role for perceptions of control and weak influences of essentialism focus (behavior vs. character) and component of essentialism (biology vs. immutability). These results extend prior work on essentialism and moral cognition, demonstrating a causal link between perceptions of “internal wickedness” and moral judgment. Our findings also resolve discrepancies in past work on the influence of essentialism on moral judgment, highlighting the role that perceptions of actors’ control over their behavior play in moral condemnation. (shrink)

The medical assessments of criminal responsibility and competence to consent to treatment are performed, developed and debated in distinct domains. In this paper I try to connect these domains by exploring the similarities and differences between both assessments. In my view, in both assessments a decision-making process is evaluated in relation to the possible influence of a mental disorder on this process. I will argue that, in spite of the relevance of the differences, both practices could benefit from (...) the recognition of this similarity. For cooperative research could be developed directed at elucidating exactly how various mental disturbances can affect decision-making processes. (shrink)

Moral condemnation has become the public narrative of our criminal justice practices, but the distribution of criminal sanctions is not and should not be guided by judgments of what individual wrongdoers morally deserve. Criteria for evaluating a person’s liability to criminal sanctions are general standards that are influenced by how we understand the relative social urgency and priority of reducing crimes of various types. These standards thus depend on considerations that are not a matter of individual moral (...) desert. Furthermore, the moral desert is doubtful when members of socially disadvantaged groups face unequal prospects for being subjected to criminal justice sanctions. Social injustice is an intolerable context for distributing punishment according to individual desert. A rightsprotectingscheme of criminal justice might permissibly burden individual offenders, but not as an expression of what they morally deserve. (shrink)

During the criminal procedure, the process of verification includes the reconstruction of past events for the sake of establishing the statement of facts. When it comes to exploring the events in the past, great significance can be attributed to personal evidence. In order to prevent the influencing of the interrogated person, many provisions of guarantee had been established in the criminal procedure. In such an interrogatory situation, the most difficult practical problem is how to word the question so (...) that the interrogation would aim at the exploration of the mind of the witness or accused, and at the helping of the recalling of the memories. During the criminal procedure however, interrogation with the assistance of an interpreter could also result in the communication of the statements of the accused or the witness about their perceptions and original knowledge with modified contents. Another significant factor at interpreter-assisted interrogations is to avoid the will of either the interrogator or the interpreter being projected on the interrogated person, as that would threaten with the witness, the accused, or the interrogated person giving a confession that is different form their original content of consciousness. (shrink)

Neuroimaging showing brain abnormalities is increasingly being introduced in criminal court proceedings to argue that a defendant could not control his behavior and should not be held responsible for it. But imaging has questionable probative value because it does not directly capture brain function or a defendant’s mental states at the time of a criminal act. Advanced techniques could transform imaging from a coarse-grained measure of correlations between brain states and behavior to a fine-grained measure of causal connections (...) between them. Even if this occurs, bias and other attitudes may unduly influence jurors’ interpretation of the data. Moreover, judges’ decisions about whether neuroimaging data is legally relevant and admissible are normative decisions based on more than empirical evidence. Advanced neuroimaging will better inform assessments of criminal responsibility but will not supplant or explain away the psychological and normative foundation of the criminal law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Influence of Personalism on Harkness and King, Their Pacifism, and Their PersistenceNatalya A. Cherry (bio)I. IntroductionAs it is the hallmark of liberal theologies to take their critics seriously and learn from the criticisms offered, it is important to acknowledge a valid potential criticism of this article at its outset. Rufus Burrow, in God and Human Dignity: The Personalism, Theology, and Ethics of Martin Luther King, Jr., observed (...) that scholarship on King demonstrates a tendency on the part of white scholars to try to use the work of Boston Personalists to claim outsized influence on King.1 Perhaps these tendencies reflect an effort by white scholars to cling to the coattails of King’s massive popularity or to mask our own complicity in white supremacy. This paper therefore refrains from claiming that Georgia Harkness, the first woman appointed a theology professor in an American theological school, had a major, direct influence on King. Rather it identifies Personalist-influenced models of God common to Harkness and King—as a result of their both having studied under Borden Parker Bowne’s student Edgar S. Brightman—that appear to undergird their commitments to nonviolence. It respectfully considers their influences and their models of God, the confluences of their commitments, and the outlook for nonviolence at the ends of their lives, as well as for the present and future, over 55 and 49 years since their respective deaths.II. Evidences of InfluencesTwo pieces of textual evidence demonstrate Harkness’s and King’s mutual respect for one another and offer some insight into their experiences with Boston Personalism. One is an epistolary exchange between the two that includes a letter from King, in which he acknowledged his familiarity with Harkness’s [End Page 57] work.2 Though he did not mention it in this letter, the other piece of textual evidence is his brief reference to an article by Harkness in the third chapter of his doctoral dissertation3 completed at Boston University.4 [End Page 58]The first, epistolary evidence results from the fact that King had received a letter from Harkness as he recuperated from a very nearly successful, apparent assassination attempt carried out on September 20, 1958. The letter from Harkness was dated ten days later, incidentally the same day he publicly forgave his attacker, who was later found to be criminally insane. In her letter, Harkness wished him well, expressed admiration for his work in the civil rights movement and specifically offered her appreciation for his recently published book about the Montgomery Bus Boycott, Stride Toward Freedom. A book-signing for it, in fact, had put him in the path of his attacker in Harlem that September day. In the opening of her letter, Harkness had taken pains to identify herself to him, to which King replied,You needed not take the extra paragraph to introduce yourself to me. I have known you for several years through your writings. When I was a student in theological seminary...I had the great privilege of reading some of your books and articles. When I went to Boston University for my doctoral studies, I naturally heard your name many times, for Boston University, as you know, is very proud of you and never forgets to mention that you are one of its graduates. I have long admired your Christian witness and your sound theology. I hope it will be possible for us to meet personally in the not-too-distant future.5While there does not appear to be a record of whether this hope of meeting in person was ever fulfilled, nor of which of Harkness’s “books and articles” King had read in seminary, there is clear record—in the other textual evidence mentioned above—of his encounter with her work while he studied at Boston.There, his dissertation, “A Comparison of the Conceptions of God in the Thinking of Paul Tillich and Henry Nelson Wieman,” referred his readers to an article Harkness had published in 1938, entitled “The Abyss and the Given.”6 The reference emerges in King’s third chapter, on “Tillich’s conception of God,” where he eventually would describe love and justice as inextricably... (shrink)

In this 2001 volume a group of leading philosophers address some of the basic conceptual, methodological and ethical issues raised by genetic research into criminal behavior. The essays explore the complexities of tracing any genetic influence on criminal, violent or antisocial behavior; the varieties of interpretations to which evidence of such influences is subject; and the relevance of such influences to the moral and legal appraisal of criminal conduct. The distinctive features of this collection are: first, (...) that it advances public discussion while clarifying the debate about genetic research and criminal behavior; second, that it explains scientific controversies about behavioral genetics in lucid, non-technical terms; third, that it demonstrates how the possible findings on genetics and crime bear on fundamental issues of moral and criminal responsibility. The volume will be of particular value to philosophers concerned with applied ethics , behavioral geneticists, psychologists, legal theorists, and criminologists. (shrink)

The aim of this paper is to analyze the factors that influence the occurrence of the criminal offense of theft as well as the roles of all parties involved in its preventive activities. Ownership creates rights and obligations, and it should serve the well-being of the individual and the community. No one can be deprived of, nor limited from property and the rights deriving from it, except when it comes to the public interest determined by law. Belongings can (...) be movable and real estate. The subject of the criminal offense of theft can be only related to movable items that have economic value and serve to human needs and not in cases when they are abandoned. In the process of preventive fight against crime, it is of great importance to define explicitly and concretely the roles, the tasks, and the goals of certain subjects of preventive activities. (shrink)

This study examined the influence of corporate giving programs on the link between certain categories of corporate crime and corporate reputation. Specifically, firms that violate EPA and OSHA regulations should, to some extent, experience a decline in their reputations, while firms that contribute to charitable causes should see their reputations enhanced. The results of this study support both of these contentions. Further, the results suggest that corporate giving significantly moderates the link between the number of EPA and OSHA violations (...) committed by a firm and its reputation. Thus, while a firm's reputation can be diminished through its violation of various government regulations, the extent of the decline in reputation may be significantly reduced through charitable giving. (shrink)

This article examines how one of the most striking differences between the central doctrines of the Catholic Church and the secular context of Swedish society, attitudes to abortion, is managed by the Swedish church hierarchy and commentators in the official newsletter of the Catholic Church of Sweden. Using Foucauldian concepts of power, the article concludes that in its marginal position, the Catholic Church in Sweden mixes the traditional pastoral and sovereign power of the church with the way pastoral power is (...) exerted in modern society, in its efforts to continue asserting its influence over the possible courses of action for pregnant women. While traditionally abortion has been a woman’s crime, in the Swedish Catholic context it becomes rather the crime of the secular society. This means also that the image of woman as being responsible for her decisions and in need of forgiveness gives way to an image of woman as a victim in need of understanding. (shrink)

The aim of this paper is to present a solution to a problem that arises from the fact that people who commit crimes under the influence of serious mental disorders may still have a capacity to refuse treatment. Several ethicists have argued that the present legislation concerning involuntary treatment of people with mental disorder is discriminatory and should change to the effect that psychiatric patients can refuse care on the same grounds as patients in somatic care. However, people with (...) mental disorders who have committed crimes and been exempted from criminal responsibility would then fall outside the scope of criminal justice as well as that of the psychiatric institutions if they were to refuse care. In this paper, I present and develop a solution to how society should deal with this group of people, called Advance criminal responsibility. The basic idea being that if a person with a potentially responsibility exempting psychiatric condition refuses care, that person is responsible for any future criminal acts which are due to the mental disorder. (shrink)

This study examines the intertextual influence of the courtroom spoken genre with the written genre used by judge’s summing up and lawyers’ closing arguments in Ethiopian Criminal court trial. In doing so, it employs the relational and comparison-expository structuring models. The relational struc- turing is used to give emphasis to the manner in which evidence items bear on particular issues and shows how evidence items are related to each other and to major facts in issues of judge’s summing-up (...) while the comparison-expository structure is to intertextually link the spoken genres of the two opposing lawyers’ views with the Ethiopian criminal law written statutes. The findings of the study suggest that mixed rhetorical strategies, the judge’s relational summing up and the lawyers’ comparison-expository closing arguments, are more effective than a strict narrative strategy in addressing the final judgment of the argumenta- tion. (shrink)

A significant body of research has emerged in order to better understand unethical behavior at work and how gender plays a role in the process. In this study, we look to add to this literature by exploring how perpetrator gender influences reactions to distinct types of unethicality. Rather than viewing unethical behavior as a unitary construct, where all forms of lying, cheating, and stealing are the same, we integrate theories and concepts from the criminal justice and moral psychology literatures (...) to categorize certain unethical behaviors as either impulsive or premeditated. Given the agentic nature of premeditated unethical behavior, we draw from role congruity theory to predict that women will be punished more severely than men for their role incongruous actions. Impulsive unethical behavior, on the other hand, will be less likely to elicit perceptions of congruity or incongruity, leading to less of a gender effect. Results from three studies sampling both undergraduates and working adults in the United States, Singapore, and South Korea showed that participants were more likely to associate premeditated unethical behavior with a male perpetrator because it was seen as less feminine, and female perpetrators who engaged in premeditated unethical behavior received more severe punishment than male perpetrators due to the perceived role incongruity of their actions. Implications are discussed as well as possible limitations and directions for future research. (shrink)

The tendencies of the development of the Lithuanian criminal procedure within the recent twenty years, after Lithuania has regained its independence, are analyzed in the present article. The main factors which influence lawmaking in the sphere of criminal procedure as well as in the application of the criminal procedure norms are discussed. The constitutional imperatives and the human rights, fixed in international and the European Union agreements as the main factors determining the evolution of the law (...) of criminal procedure are reviewed. It is stated that earlier, while amending or supplementing the Code of Criminal Procedure, the utmost attention used to the drawn to the legal tradition of the state, whereas the legal norms of the modern criminal procedure must be subordinated to the principles fixed in the Constitution. After having briefly reviewed the main tendencies of the development of criminal procedure, i.e. the constitutionalization and internationalizationeuropeization, the following conclusion is drawn: the mentioned tendencies have been producing a significant impact on the evolution of the Lithuanian criminal procedure after the restoration of independence and accession to the international treaties. However, the systemic and critical viewpoint towards the impact of the European Union law on the national law of criminal procedure is still missing. (shrink)

Present regulations and prohibitions relating to psychoactive substances rest upon socio-historically contingent and hence arguably irrational foundations. New evidence bases located in post-genomic genetics and neuroscience hold the potential to disrupt them through demonstrating a lack of congruence between the regulations and prohibitions and the alleged and actual harms. How far might we use such knowledge to drive policy? What limits, if any, should be placed on our choices, and what attempts to influence these may be seen as acceptable? (...) This article seeks to address these questions in relation to criminal justice system and public health governance of psychoactive substance use. It will explore the implications of justifications employed in both areas to restrict free choice on the grounds of harm to the self and to others. The central argument made is that the current categorisation of psychoactive substances as lawful or unlawful is likely to become disrupted as the result of several separate discourses which converge over psychoactive substance use: enhancement, cognitive liberty and the degree to which subjective experiences of pleasure, well being and happiness might enable us to improve and maintain our health as individuals and that of society as a whole. In my view, the strategic deployment of concepts of addiction which has enabled the public health and criminal justice systems to be able to share governance over psychoactive substance use is likely to become destabilised by these discursive developments. In that policy in the United Kingdom and elsewhere now draws upon happiness research, while reformers advocate freedom of choice over means of enhancing our states of being, a new focus upon the rational evaluation of psychoactive substances governance seems plausible. (shrink)

At present, many countries have lowered the minimum age of criminal responsibility to deal with the trend of juvenile crime. In practical terms, whether countries advocate for lowering the age of criminal responsibility along with early puberty, or regulating the minimum age of juvenile criminal responsibility through their policies, their deep-rooted hypothesis is that age is tied to adolescents’ psychological growth, and, with the rise in age, the capacity for dialectical thinking, self-control, and empathy gradually improves. With (...) this study, we aimed to test whether this hypothesis is valid. The participants were 3,208 students from junior high school, senior high school, and freshman in the S province of the People’s Republic of China. We subjected the gathered materials to independent-samples t-tests, one-way analysis of variance, linear regression analysis, and Bonferroni post hoc test. The influence of the age variable upon dialectical thinking, self-control, and empathy was significant, but only empathy was positively correlated with age variable ; dialectical thinking ability, and self-control ability were negatively correlated with the age variable. Bonferroni post hoc test confirmed these findings. Therefore, we concluded the following: Juvenile criminal responsibility, based on the capacity for dialectical thinking, self-control, and empathy, is not positively correlated with age. Age is not the only basis on which to judge a juvenile’s criminal responsibility. More research that directly links age differences in brain structure and function to age differences in legally relevant capacities and capabilities is needed. Political countries should appropriately raise the minimum age of criminal responsibility and adopt the doli incapax principle in the judicial process. (shrink)

In this paper we investigate risk prediction of criminal re-offense among juvenile defendants using general-purpose machine learning algorithms. We show that in our dataset, containing hundreds of cases, ML models achieve better predictive power than a structured professional risk assessment tool, the Structured Assessment of Violence Risk in Youth, at the expense of not satisfying relevant group fairness metrics that SAVRY does satisfy. We explore in more detail two possible causes of this algorithmic bias that are related to biases (...) in the data with respect to two protected groups, foreigners and women. In particular, we look at the differences in the prevalence of re-offense between protected groups and the influence of protected group or correlated features in the prediction. Our experiments show that both can lead to disparity between groups on the considered group fairness metrics. We observe that methods to mitigate the influence of either cause do not guarantee fair outcomes. An analysis of feature importance using LIME, a machine learning interpretability method, shows that some mitigation methods can shift the set of features that ML techniques rely on away from demographics and criminal history which are highly correlated with sensitive features. (shrink)

While research on political violence often focuses on its outcome, there is little attention to the process of political violence. Filling the knowledge gap, the present research applies the theory of instrumentalism to understand political violence as a means to achieve certain political ends. The research is a qualitative case study on Lyari, which was a comparatively peaceful neighborhood in Karachi but transformed into a violent no-go area during 2000s. The paper describes the process of instrumentalization of political violence in (...) Lyari with the objective of outlining the relationship of three key actors – political parties, state authorities, and criminal gangs – using violence for their respective interests. The paper explains how the convergence of their interests influenced the intensity of political violence and converted it into an ethnic conflict. Hence, it expands the literature on political violence by outlining the complexities of the real world where multiple political actors simultaneously use violence to achieve varied objectives that sometimes compliment and sometimes clashes with each other, resulting in further extension of violence. (shrink)

ABSTRACT The article begins by contrasting medical and moral views of addiction and how such views influence responsibility and policy analysis. It suggests that since addiction always involves action and action can always be morally evaluated, we must independently decide whether addicts do not meet responsibility criteria rather than begging the question and deciding by the label of ?disease? or ?moral weakness?. It then turns to the criteria for criminal responsibility and shows that the criteria for criminal (...) responsibility, like the criteria for addiction, are all folk psychological. Therefore, any scientific information about addiction must be ?translated? into the law's folk psychological criteria. Distractions about responsibility are then quickly canvassed. Then it addresses the direct relation between addiction and criminal responsibility. It argues that most addicts retain sufficient rational and control capacities at the relevant times to be held responsible, especially for crimes that are not part of the definition of addiction itself. It suggests that there is good reason to excuse or mitigate addicts for the crimes of purchase and possession for personal use. It concludes by briefly considering what contemporary science can contribute to our understanding of addiction and agency. (shrink)

The emergence of post-conviction DNA testing has had profound effects on the American criminal justice system. Although changes in the formal legal landscape are readily noticeable, the DNA exonerations have also produced other consequences that may have potentially more significance. To comprehend and assess the influence of post-conviction DNA testing one must examine more than just the law on the books. After some introductory material, Part I of this essay looks at repercussions DNA exonerations are having on the (...) basic operation of the criminal justice system, Part II examines new statutes that govern procedures for post-conviction DNA testing requests, and Part III briefly considers how these current developments may affect Supreme Court jurisprudence.Post-conviction DNA testing has evolved in little more than a decade. Before 2000, only two states, New York and Illinois, had statutes that authorized post-conviction DNA testing. In other jurisdictions, no formally authorized procedures existed that allowed inmates to make requests for DNA testing of crime scene evidence. (shrink)

From Buñuel and Dali’s Un Chien Andalou to recent works by Danish filmmaker Nicolas Winding Refn, the cinematic destruction of the eye has become iconic due to its striking effect upon film spectators’ visceral experiences as well as its ability to influence their symbolic or fetishistic desires. By exploiting the natural discomfort and disgust produced by these types of images and then situating them within an aesthetic and psychoanalytic framework, Refn and other filmmakers provide a visual showcase for a (...) unique type of cinematic violence, one which demands that viewers reappraise the value of their own eyes as well as the values which reflect social attitudes towards law enforcement, crime, and justice. (shrink)

This paper examines the central role of ethnology, the science of race, in the administration of colonial India. This occurred on two levels. First, from the late eighteenth century onwards, proto-scientists and administrators in India engaged with metropolitan theorists through the provision of data on native society and habits. Second, these same agents were continually and reciprocally influenced in the collection and use of such data by the political doctrines and scientific theories that developed over the course of this period. (...) Among the central interests of ethnographer-administrators was the native criminal and this paper uses knowledge developed about native crime and criminality to illustrate the way science became integral to administration in the colonial domain. (shrink)

Cybersecurity research often describes people as understanding internet security in terms of metaphorical mental models (e.g., disease risk, physical security risk, or criminal behavior risk). However, little research has directly evaluated if this is an accurate or productive framework. To assess this question, two experiments asked participants to respond to a statistical reasoning task framed in one of four different contexts (cybersecurity, plus the above alternative models). Each context was also presented using either percentages or natural frequencies, and these (...) tasks were followed by a behavioral likelihood rating. As in previous research, consistent use of natural frequencies promoted correct Bayesian reasoning. There was little indication, however, that any of the alternative mental models generated consistently better understanding or reasoning over the actual cybersecurity context. There was some evidence that different models had some effects on patterns of responses, including the behavioral likelihood ratings, but these effects were small, as compared to the effect of the numerical format manipulation. This points to a need to improve the content of actual internet security warnings, rather than working to change the models users have of warnings. (shrink)

In recent decades, increased attention has been given to the place of the victim within criminal justice systems. Advocates have called for recognition and participation for victims of crime, and widespread political support throughout common law jurisdictions has resulted in a number of reforms. While some have proven uncontroversial, the question of victim input into sentencing decisions has emerged as a highly contentious issue within scholarship. Scholars have been concerned with the potentially corrupting influence of victims’ private preferences (...) and dispositions on otherwise principled public decision-making. Exacerbating these concerns has been conceptual and normative ambiguity regarding the relationship of victims to public sentencing processes. Such questions relate to the proper relationship between individuals and public decision-making, and are thus usefully dealt with through political theory and the lens of citizenship. The present article applies deliberative democratic theory and argues that it accounts for scholars’ concerns while also providing direction through conceptual and normative clarity, reconciling in theoretical terms victim input with a public sentencing process. Moreover, it also argues that the framework highlights ways in which victims can make active contributions to processes of public deliberation by introducing novel perspectives and information, thereby enhancing the quality of sentencing decisions. Lastly, the article anticipates potential objections regarding the capacity of victims to meet civic standards in practice, pointing to a growing body of empirical research which suggests victims’ potential and emphasizes the importance of being attentive to questions of procedural design to realize it. (shrink)