International Journal of Law Crime and Justice

Published by Elsevier
Print ISSN: 1756-0616
Successful risk management within child protection is problematic and in many cases is a delicate balancing act between parental and children’s rights. Reversing the expected gender roles creates a dynamic that may increase the difficulties of risk assessment even further. This paper focuses on women who sexually abuse children and discusses the particular problems relating to the assessment of risk in professional practice. The data was gathered in the UK and drawn from a series of qualitative interviews with child protection professionals, including 3 police officers, 2 lawyers, 15 social workers, 6 probation officers, 8 health workers and 11 counsellors. The interview data have identified some links between the gendered assumptions and the rationales used by professionals to explain the abusive behaviour.
This paper examines the legal, demographic and practice factors that are related to adversarial stances among Israeli family lawyers within a context where mediation has been gaining ground but where cultural and institutional forces promote combativeness and litigation. This study is based on a survey of 99 family lawyers and lawyer-mediators, and 38 in-depth structured interviews. The majority of practitioners claimed to seek settlement goals, and regarded themselves as more conciliatory than adversarial, and more settlement oriented than their colleagues. Although litigation was described as undertaken reluctantly or essentially discounted as an adversarial strategy, success in litigation was widely regarded as a professional ideal, and lawyers who fought zealously and won in court were seen to be admired by clients and colleagues. The standard perception of the profession as a whole is derived from the courtroom behavior of the leading Tel Aviv lawyers, so that litigation continues to be simultaneously denigrated, reinterpreted, justified and pursued.
Despite increasing awareness of the decisive role of social determinants, or ‘particularising forces’ to use Neil Smelser's vivid term, on the development of criminology in a given national context, there is no widely accepted conceptual framework for their investigation. The literature on national ‘criminologies’ has increased substantially over the last decade; arguably this is a key task given criminology's particular ‘contingent’ presence as a modern social science. The study of its development in different ‘national contexts’, therefore, becomes all the more relevant to our understanding. However, it is also evident that existing studies make little explicit use of frameworks of analysis. This paper reviews six heuristic frameworks drawn from the literatures of ‘science studies’ and the sociology of knowledge; it also illustrates with examples from criminology. We argue that there is now a need for those researching ‘national’ criminologies to be much more explicit about the conceptual framework(s) utilized.
Corruption is pervasive, rampant, enduring, and above all else a tolerated and taken for granted social problem in China. Still, corruption is a major concern for the political leaders, general public and foreign observers. Foreigners complained about the corruption cost of doing business in China. Students took to the street and peasants staged violent protest against government corruption. The consensus is that corruption challenges CPC's legitimacy and threatens China's stability.A systematic review of literature uncovers no investigation on the Chinese people's reception and reaction to the corruption, in the net. This is a first attempt to do so.This is a research into the “feelings” and “thinking” of Chinese internet users (e-public) on (anti)corruption in China. Specially, it tries to document and analyze the comments – reaction of the e-public to news articles on various aspects of “Audit Storm” in June–July of 2004.
Corruption is pervasive, rampant, enduring, and above all else a tolerated and taken for granted social problem in China. Still, corruption is a major concern for the political leaders, general public and foreign observers. Foreigners complained about the corruption cost of doing business in China. Students took to the street and peasants staged violent protest against government corruption. The consensus is that corruption challenges CPC's legitimacy and threatens China's stability.A systematic review of the literature uncovers no investigation on the Chinese people's reception and reaction to the corruption, on the internet. This is a first attempt to do so.This is a research into the “feelings” and “thinking” of Chinese internet users (e-public) on (anti)corruption in China. Specially, it tries to document and analyze the comments–reaction of the e-public to news articles on various aspects of “Audit Storm” in June–July 2004.
Since their introduction to Australia in the early 1970s, the politics of multiculturalism have entailed a degree of state control over the cultural affairs of (principally immigrant) ethnic communities. This was largely obtained by consent rather than coercion, and this consent was often purchased with various forms of state resourcing for community needs, with a measure of coercion attached to the threat, where necessary, of funding withdrawals. Beyond the basic framework of liberal-democratic norms, very little of the ground rules for the acceptable practice of minority culture were inscribed in legislation or state pronouncements.
The article analyses the impact of post-2001 counterterrorism policies on the autonomy of law, focussing on American and British measures and adopting social systems theory as a theoretical framework. Contemporary societies are conceptualised as social systems in which law operates as an autonomous subsystem. Its autonomy primarily is based on constant reference by decisions to the binary coding “legal/illegal” associated with the application of specific legal principles and procedures. Following the terrorist attacks of 2001, the structure of societal differentiation has been under attack from a twofold risk. A political risk is posed by armed organisations such as Al-Qaeda because of their threats to states sovereignty. An additional risk in relation to law depends on extraordinary powers, such as those established by certain recent antiterrorism legislation and several executive provisions. States attempt to subordinate decisions related to the new counterterrorism policies to the test of their “efficiency/inefficiency” in guaranteeing security, at the expense of questions about their “legal/illegal” nature and legal constraints. An analysis of the special detention at Guantanamo Bay provides evidence of a complex set of decisions endangering the autonomy of law.
This is a case study on the trafficking of North Korean women via the interviewing of women trafficking victims. The study has an explorative nature. Its primary goal is to address the issues of the cross-border trafficking of North Korean women. In doing so, this research will describe the current picture of cross-border North Korean women trafficking operation between North Korea and China. It will uncover the identity and characteristics of traffickers, the identity and characteristics of victims and contributing factors of their victimization, and the cross-border trafficking routes and procedural networks of trafficking operation. The findings of the current study shows that the problem of North Korean women trafficking is worth being paid attention by the international community and that appropriate counter-measures need to be implemented. Also, this study hopes to facilitate more empirical research on this topic.
Demographic changes in Canada have resulted in an increase in the Muslim portion of the Canadian population. The anti-Muslim “Islamophobia” reaction to the 9/11 attacks led to an isolation and marginalization of Canada's Muslim citizens and residents. As the isolation and marginalization of any community creates a National Security vulnerability, the Royal Canadian Mounted Police has been working with Muslim-Canadians using the principles of community policing to create trust and work towards the mutual goals of the safety of all Canadians.
Most existing historiographies of colonial and post-colonial policing in Ghana have focused nearly exclusively on providing a basic understanding of managerial issues—that is, organisational and administrative structure, functions and modes of operation. Our knowledge of issues of police legitimation, and of the ‘quality of policing’ remains very limited. This article discusses these issues and establishes the vital importance of history to understanding the contemporary quality of policing in Ghana. Human rights violations, police corruption and police impunity are established as salient characteristics of the police service; these characteristics are traced to the operating philosophy of the former colonial police, and the failure of successive post-colonial governments ideologically to transform the police. Such a transformation is necessary to address and overcome the challenges that are posed by the contemporary liberal-democratic political environment.
Police complaints are a developing area of European human rights law and criminal justice policy. In response to the risk of cultures of police impunity emerging in some European states the Council of Europe Commissioner for Human Rights launched a police complaints initiative in 2008. Written by the consultant to the Commissioner this paper examines his recently published Opinion concerning independent and effective determination of complaints against the police. Firstly, an overview is presented of the different types of complaints mechanism currently operating across Europe. This is followed by an outline of the five police complaints principles developed in the jurisprudence of European Court of Human Rights and explanation of the two-tiered citizen oversight approach advocated in the Commissioner's Opinion. The paper concludes with a discussion of the importance of the principles as a means for ensuring that every police complaint is handled appropriately and proportionately.
Various multistage models have been proposed for organizational evolution over time. Stages of email communication in workplace interaction is a relative concept concerned with the ability of email to process information for knowledge work. Email at later stages is more useful to knowledge work than email at earlier stages. The relative concept implies that email is more directly involved in knowledge work at higher stages, and that email is able to support more advanced knowledge work at higher stages. In this paper, a four stage maturity model for email communication in knowledge organizations is proposed. The stages are labeled person-to-technology, person-to-person, person-to-information and person-to-application, respectively.
In a post 9/11 context, Muslims' responsibilities as active citizens are being increasingly framed by anti-terror measures, which encourage internal community surveillance so that the responsible Muslim citizen is expected to work with the authorities to help reduce the risk of terrorism. However, in the aftermath of a series of bombings and attempted bombings in the UK, there has been little reflection about how, and the ways in which, Muslim communities can be engaged for the purposes of counter-terrorism, including counter-radicalisation, and certainly no substantial academic research. The following article sets out a brief framework that might serve to set out the main components of a critically reflective approach to engaging with Muslim communities for the purposes of counter-terrorism and counter-radicalisation.
This paper reports the findings from an empirical study on Taiwan and England and Wales, where comparisons both of the punitiveness of the penal system in each country as a whole (1994–2005), and of punitiveness of pronounced sentences, at the ‘front-end’ of the system were made. The significance of this collaborative empirical project is the attempt to use and develop relatively uncomplicated, yet criminologically meaningful, indices of punitiveness which allow for standardised measurement. As well as reporting the core findings, this paper highlights the methodological and conceptual issues at stake in any research on ‘penal geography’. The paper concludes with some systematic reflections on the persuasiveness or otherwise of existing explanations for area differences in punitiveness in the scientific literature.
The complexity/comprehension nexus as it impacts on juror decision-making is addressed in the particular context of prosecution-led DNA evidence. Such evidence is for jurors the subject of pre-trial preconceptions, and is notoriously difficult to present and argue before a jury. The article looks at the comprehension of forensic evidence by jurors, a task qualified by the opinion of legal professionals whose responsibility it is to present and interpret such evidence in adversarial contexts. Jurors were surveyed post-verdict in trials where forensic evidence featured in circumstantial cases. These insights into comprehension were qualified by contesting views of legal professionals, and critical reflections from independent observation teams regarding the manner in which this evidence was used and its intended impact on the jury. What results is both declared and implicit indicators of comprehension, not so much against broad measures of complexity [Findlay, 2001. Juror comprehension and complexity: strategies to enhance understanding. British Journal of Criminology 41/1, 56.], but rather the particular place of popularly endowed forensic evidence within the circumstantial case. The article explores the utility of a multi-methodological study of comprehension from the perspectives of the proponents, commentators, recipients and observers of the adversarial contest. To this is employed a interactive analysis of important decision-sites and relationships of influence in the trial as they may impact on comprehension and be measured as ‘complex’.
If the idea that crime is a social construct is commonsensical in various sociologically informed criminologies, sociological apprehensions of criminal law are still quite reluctant towards its implied epistemological stance. The main objective of this contribution is—by focusing on the idea that crime is a social construct—to examine some of the main contours of what a radically constructivist conception of (criminal) law could be. The paper identifies two potential problems, which can be avoided, in perspectives on crime as a social construction. It is proposed to break down any aprioristic relationship between deviance, abnormality and crime, and that we may decompartmentalize law from the juridical in a quite flexible way.
In recent years England and Wales have seen the continued escalation of prison numbers, whilst it appears that the actual crime figures are in decline. Baker and Roberts (2005) suggest that the development of punitive sentencing seems in response to a general public fearful of crime, to which O’Malley (1999) suggests provides the impetus for a return of a more draconian system of punishment, many of which have been lost to history. Considering each of these points, the article makes use of a number of contemporary examples from current penal practise in questioning the notions of new and innovative forms of punishment. The argument is made that society is presented with a badly drawn parody, a poor reflection, of those which have appeared in history and often fallen out of favour. It critically reflects upon and borrows from the arguments of [58] and [62] and others, in its discussion of a rediscovery of punishment which is often contradictory in its nature, creating the illusion of change when in fact producing none. Thus the article sets out to argue that what we are faced with is the renaming, reinvention, or recycling of practises which seek to address a fear of crime, so often misconceived, and which ultimately, leads to the exclusion of individuals based upon previous behaviours and the potential for similar behaviours to occur.
Forensic DNA databases are implemented worldwide and used increasingly. Part of this increasing usage is arguably a matter of function creep. Function creep refers to changes in, and especially additions to, the use of a technology. In this article we explore the notion of function creep as we discuss why and how it has taken place on forensic DNA databases. We also consider what future function creep it is possible to envisage. As even security enhancing technologies may contribute to insecurities, what safeguards should be in place to render function creep governable? We use the Norwegian DNA database, expanded considerably as recently as September 2008, as our primary case for discussion. Additionally we use examples from the English and Welsh DNA database which, considered world leading, may be an indication of where other DNA databases are heading. The article isn't data-driven but draws on a wide spectrum of data: governmental documents, public and Parliamentary debates, and interviews.
This article examines the contribution of the European Court of Human Rights to the development of interrogational fairness at the pretrial phase in modern European criminal proceedings. Although the Convention contains no explicit reference to the right to remain silent and the privilege against self-incrimination, the Court, drawing its rationale from Article 6 of the Convention, has been steadily developing its distinctive vision of these immunities in an attempt to create a doctrine that sets a limit below which contracting parties could not allow their legal systems to fall, while also acting in accordance with the established procedures within the civil and common law traditions of its Contracting States. It is shown that the Court’s jurisprudence has produced a carefully balanced doctrinal framework that respects the individual’s choice to remain silent without creating absolute immunities. Simultaneously the Court’s approach in defining defense rights not only reflects what is says about the universality of the right to remain silent but also gives plenty of scope for diverse applications in different institutional and cultural settings.
A stage model for knowledge management systems in policing financial crime is developed in this paper. Stages of growth models enable identification of organizational maturity and direction. Information technology to support knowledge work of police officers is improving. For example, new information systems supporting police investigations are evolving. Police investigation is an information-rich and knowledge-intensive practice. Its success depends on turning information into evidence. This paper presents an organizing framework for knowledge management systems in policing financial crime. Future case studies will empirically have to illustrate and validate the stage hypothesis developed in this paper.
Maturity models have been used widely in organizational research. These models describe the possible evolution of an organization over time. In this paper, a four-stage maturity model for criminal organizations is conceptually introduced. The maturity levels are activity-based, knowledge-based, strategy-based, and value-based criminal organizations, respectively. This model may prove helpful for law enforcement agencies as they try to understand how criminal organizations work to fight organized crime.
Since 2000, the Japanese Code of Criminal Procedure has been revised twice to introduce into criminal trials two systems of victim participation: the Victim’s Statement of Opinion (VSO) and the Victim Participation System. This study addresses the impact of those systems on decision-making in criminal trials, with special focus on the impact on sentencing. Following a literature review are the early findings from my psychological experiment which focuses on sentencing by lay judges. The results indicate that information concerning crime victims does have an impact on sentencing, but it is immaterial whether or not the information is submitted through recently introduced systems. Evaluations of those systems from the perspectives of crime victims also indicate that they tend to evaluate at least the VSO positively, regardless of the statements’ perceived lack of impact on the outcome.
One enduring conflict area in police–minorities relations is the distrust of the police by minorities and consequently, the low level of confidence in the police among racial minorities. This stems from the impact of race in policing; and the perception that racial discrimination is a feature of criminal justice systems across the world has intensified. Moreover, race controversy is not new in police work. It is against this background that many police establishments are becoming increasingly frustrated by ethnic minority /immigrant allegations that they are being singled out as easy targets for police stop and search practices. In Finland, however, only little is known about immigrants’ views of police interaction, and perceptions of police discrimination in the country. Moreover, the police force in Finland may also be characterised by discriminatory mechanisms which are found in police institutions of other Western states where there has been more extensive research on the issue. The aim of the present study is to examine the attitude of immigrants toward the police by seeking to place the patterns of immigrants’ interaction with the police into context using their experiences as the basis of the analysis. The study also evaluates the impact of “ethnicity” in immigrants’ police experiences in our attempt to better understand how immigrants are subjected to stereotypical behaviour within the criminal justice system despite the fact that the police are tasked with carrying out their mandate to protect every citizen in the country. Thus, the interactions of immigrants with the police are our focus of analysis in our quest to understand new challenges brought about by the new immigrants in Finland. One thing is certain, however: police are not immune from racial conflict; as they continue to operate within our societies regardless of the ethnic composition of the country must be considered as a major policy issue of legal analysis. Therefore, the cultural and contextual nature of immigrants’ interaction with the police and the author's analysis will serve as the basis for assessing what may be required to ensure that discrimination is eliminated from the criminal justice system in the country.
This article investigates how laws relating to mobile phone use in cars are written, interpreted and applied in real life. It explores how regulations are imposed, the difficulties that are encountered in terms of enforcement, and how laws have been policed and tested in court. By focusing on the socio-legal context in Victoria and drawing upon international comparisons, we see that stories of enforcement highlight the unique and particular questions asked of existing legal systems by motorists using a mobile phone. Moreover, in describing the problematic process of developing and implementing legal regulations, we see that road rules are struggling to adapt to a transitional technology and that there are significant obstacles to enforcing the laws.
This paper argues that recent sustained criticism of judicial sentencing in England and Wales reflects a much deeper malaise afflicting the legitimacy of punishment in the late post-modern era. It suggests that this phenomenon not only threatens the liberal-consensus view of the judiciary as pivotal to the rule of law, but also undermines the rationality which underpins conventional paradigms of criminal justice more generally. The paper goes on to argue that there are important lessons to be learned from engaging with the debates about punishment and sentencing which are taking place on the international stage, suggesting that the crisis in domestic sentencing is really symptomatic of a more fundamental crisis in penal legitimacy affecting the whole of civil society; one that touches upon the role of punishment in the governance of so-called democratic states. The paper concludes that the time may have come to modify the predominant neo-liberal paradigm prevalent in western democracies by developing notions of punishment and sentencing as relational contexts which provide meaningful links between trial outcomes and aspirations for justice.
Muncie recently argued for the emergence of ‘something of a global youth juvenile justice’ to explain considerable homogenisation of youth justice in many countries. Global forces upon youth justice are particularly discernable in the Netherlands, either via policy transfer or policy diffusion but also and perhaps mainly through a process of ‘otherisation’ of ethnic minority youngsters of Moroccan descent that are highly overrepresented in police contacts and detention rates. This paper argues that an analysis of youth crime and youth justice needs to consider the dialectic processes of globalisation. It needs to be sensitive to its local effects, as well as to the ways in which ethnic minority youngsters engage in offending behaviour that may well be framed as rebellious transnational identity work.
Barriers to strategy implementation are often found in the organizational structure in law enforcement. Strategy implementation is important because failure to carry out strategy can cause lost opportunities and leave police officers reluctant to do strategic planning. Lack of implementation creates problems in maintaining priorities and reaching organizational goals. Yet, strategy implementation suffers from a general lack of academic attention. This research paper makes a contribution to police strategy implementation literature by developing a research model to study the extent of intelligence strategy implementation caused by organizational structure in policing.
Rejecting the concept of law as subservient to social pathology, the principle aim of this article is to locate law as a critical matter of social structure – and power – which requires to be considered as a central element in the construction of society and social institutions. As such, this article contends that wider jurisprudential notions such as legal procedure and procedural justice, and juridical power and discretion are cogent, robust normative social concerns (as much as they are legal concerns) that positively require consideration and representation in the empirical study of sociological phenomena. Reflecting upon scholarship and research evidence on legal procedure and decision-making, the article attempts to elucidate the inter-relationship between power, ‘the social’, and the operation of law. It concludes that law is not ‘socially marginal’ but socially, totally central.
This article has been retracted at the request of the Editors-in-Chief. Please see Elsevier Policy on Article Withdrawal ( Reason: It has come to the attention of the Editors of International Journal of Law, Crime and Justice (previously, International Journal of the Sociology of Law) that large parts of the main text are identical to research which was made available on the internet by Kevin T. McGuire (University of North Carolina at Chapel Hill), prior to submission to International Journal of the Sociology of Law, and which was subsequently published by Kevin T. McGuire as “The Institutionalization of the U.S. Supreme Court” in Polit. Anal., 12 (2004) 128–142.
We seek to determine whether one of the unanticipated side-effects of social and economic changes associated with the adoption of neoliberal and monetarist economics during the 1970s/1980s was rising crime rates. Undertaking time series analysis of social and economic determinants of property crime (using official statistics on recorded crime for England and Wales from 1961 to 2006) we develop a model of the effect of changes in socio-economic variables (unemployment, inequality, welfare spending and incarceration) on property crime rates. We find that while three of these had significant effects on change in the property crime rate, income inequality did not. We conclude with a discussion of the extent to which neoliberal economic and welfare (and later criminal justice) policies can be held to have influenced the property crime rate since the early 1980s and what this tells us about the social and economic determinants of crime at the macro-level.
Turkey's forests are under supervision and control of the state. The applicable Forestry Law decides which acts would be considered as forest offences and the punishment for them. In the study, the acts described as crimes have been explained by considering them within the framework of criminal law. Misdemeanors have been excluded and only crimes have been examined. Major forest offences have tried to be explained through statistical data and information related to perpetrators of the crime; the trial period and court judgments have been presented as a result of file observations in İstanbul. It has been observed that the increase in forest offences in Turkey changes depending on the country's economic structure and the changes in legislation. These offences have also been found to be in decline as of late. It can be stated that adjudications have been concluded more immediately. However, there are still doubts about the penalties' not being deterrent enough.
This article discusses challenges to achieving justice for slave descendents in Mauritius 177 years after the abolition of slavery. It reflects on the 2009 institution of a Truth and Justice Commission (TJC) in Mauritius to investigate the legacies of slavery and indentured labour. It is argued that time, the ethnic and cultural complexity of Mauritius as well as the TJC itself makes it difficult for Mauritians to achieve restorative justice for slave descendents. Reviewing transitional and restorative justice, the article argues that the Mauritius case study is potentially useful to reflections on the issue of social justice for ancient atrocities and for reflections on the challenges of reparations in complex and democratic societies. It concludes that the greater participation of civil society is required in decisions regarding reparations and that such decisions need to be grounded in contemporary and democratic approaches to achieving justice and the protection of human rights.
The availability and use of social networking sites creates both opportunities and risks for their young users. This article evaluates the applicability of the current legal framework to (cyber)bullying and sexting, two types of (potentially harmful) behaviour that are increasingly occurring between peers in the social networking environment. The analysis includes a mapping of applicable legislative provisions at the European and national level, an analysis of the Terms of Service of the largest social networking provider, Facebook, and an overview and assessment of self-regulatory initiatives that have been taken by the industry in this area in Europe. The ultimate goal is to identify a number of elements for a comprehensive strategy to ensure that risks of (cyber)bullying and sexting are dealt with in a manner that empowers young users.
This article examines the criminal indictment filed and other activities employed by the Fukushima Nuclear Energy Lawsuit Group, in the aftermath of the earthquake, tsunami and nuclear disaster that occurred in Japan on 11 March 2011 (“311”). The article thereby brings into focus the role played by criminal law in ascribing meaning to people's actions on and after the events of 311 – a subject that up until now has not received any scholarly attention. By examining the Japanese Prosecutors' Office response to the indictment the article furthermore contextualizes criminal law's role in the aftermath of 311 in terms of its more general characteristics as well as the legal reforms carried out in Japan in recent years. In doing so the article brings into focus striking differences in parties' views on and findings of 311 facts, as well as the limited impact of recent legal reforms on Japanese prosecution practices.
This paper examines a series of reforms that followed the discovery of high-profile wrongful convictions in China since 2005. There have been two waves of criminal justice reforms to prevent future wrongful convictions and to improve China's criminal justice system more generally. But it will be suggested in this paper that China's responses are inadequate because they allow traditional police and judicial practices that will lead to future wrongful convictions to continue. Further reforms will be suggested. First, police interrogations should be fully recorded, and the entire recording should be played back at trial. Second, the role of the defense counsel should be expanded. The use of state secrets as evidence against the accused should be curtailed. The close cooperation between the police, procuratorates and judiciary in the criminal justice should be counteracted by the creation of an independent body to review all serious convictions. Finally, the Chinese criminal justice has proven itself not safe enough to allow the broad use of capital punishment as a punishment for non-violent offences and at the very least, the immediate execution of prisoners who lose their final appeal must be abolished.
In the article I revisit the burden bestowed on an applicant for bail with regard to certain offences, and the fact that the testimony of the applicant for bail is admissible as evidence at his later criminal trial under South African law. I consider and compare the South African position with selected foreign jurisdictions and international human rights instruments. I argue that these provisions give reason for concern their own. I submit that the cumulative effect of these provisions, and especially so the exploitation thereof by the South African prosecution, is a failure of liberal democracy.
The article explores first-time adult-onset offending in cases of white-collar crime where the crime occurs as a consequence of a breakdown, brought by negative life events, in the circumstances that previously kept one from engaging in criminal activity. Criminal cases involving a bank manager and a male options broker working in the Swedish banking and finance sector are analyzed. Negative life events are proposed to offer a useful explanation for first-time adult-onset offending if conceptualized as turning points caused by a chain of life events entailing enmeshment in problems of a scope and kind one has never been forced to deal with in the past, threatening essential aspects of one's identity and life project, and accompanied by perceived loss of previously available social support for one's prioritizings, at the same time as one remains in possession of resources making criminal solutions seem comparatively expedient. Directions for future research are suggested.
From the turn of the new century, the UK witnessed an unprecedented advancement in the state's security apparatus. These developments and their human rights implications have been extensively documented by the socio-legal and wider academic community. However, less well-understood has been the forms of resistance which have placed fetters on the operation of state powers. This article identifies three dominant frameworks through which resistance to the ‘securitisation agenda’ has materialised. In doing so, we assess the relative ‘successes’ and ‘limitations’ of each framework. Ultimately, we seek to identify the frameworks that offer the greater transformative potential in promoting alternative forms of security to those promulgated by the ‘new terrorism’ discourse.
There is an enduring legacy of trivialisation and ineffectiveness at various stages in the criminal justice process when it comes to responding to domestic violence. One area of contention relates to sentence. Sentencers in England and Wales are bound by law to have regard to a number of aims: the punishment of offenders; deterrence; public protection; rehabilitation; and reparation. Whilst commentators have criticised the framework on the basis that it is contradictory and engenders inconsistency, it will be argued that granting sentencers discretion to balance the prescribed aims maximises the potential for a successful outcome in individual cases.
The paper reports on findings from 55 qualitative face-to-face interviews with young offenders, and observations of 41 youth offender panel meetings over an 18-month period taking place in two Youth Offending Teams in the Southeast of England. It discusses the perception of correlation between drunkenness and offending asserted by a high number of the female offenders and compares this to perceptions of male offenders, both in this research and from previous research studies. The research brings into question whether current interventions are effective and puts forward suggestions for capitalizing on the apparent greater willingness of female offenders to acknowledge the significant negative impact of drunkenness on their behaviour.
The decision in Daubert v Merrell Dow Pharmaceuticals 509 US 579 (1993) brought about renewed attention to and scrutiny of fingerprint comparison evidence in the United States of America. In terms of the decision courts were to act as the gatekeepers with respect to the admissibility of scientific expert evidence. This article describes these events and investigates the grounds upon which challenges were made to fingerprint comparison evidence in the courts, as well as the position that was taken by the courts. The article also considers the fundamental test for the admission of expert evidence, and whether the critique pointed out by the defendants in the cases with regard to reliability are sufficiently penetrating to warrant the exclusion of fingerprint comparison evidence.
While domestic violence has emerged as a global concern since the 1970s, empirical research on public preferences for police response to domestic violence is lacking. Even rarer is investigating the issue from an international, comparative perspective. Using survey data collected from more than one thousand college students in two Chinese and two U.S. cities, this study compared Chinese and American citizens’ attitudes toward traditional and proactive police response to domestic violence and tested the effects of demographic characteristics, attitudes toward violence and gender roles, personal experiences with domestic violence, and locality on such attitudes. Chinese students were found to be more likely than American students to favor traditional response and less likely to support proactive response. Chinese and American students’ attitudes toward police response to domestic violence were influenced by both different and common factors. Implications for policy and future research are discussed.
Research carried out previously, aimed at examining differences in the length of the sentencing and type of offence, have typically compared white collar and street criminality. The main aim of the current study is to examine the differences in sentence length for white collar occupational and corporate offenders from street crime offenses and to identify which factors eventually could explain such differences. The crime amount was smaller in occupational convictions despite the fact that the average crime amount was significantly less in this group compared to the crime amount among corporate criminals. Socioeconomic status and company size were not found to be associated with the length of the sentence. We discuss whether the difference in length of the sentence could be explained by the fact that occupational crime is committed for the criminals' own purposes or enrichment, while this is often not the case among corporate criminals.
The first judicial interpretation of securities and futures market crime, issued by the Supreme People's Court of PRC and the Supreme People's Prosecutorate of PRC, the Interpretation on Several Issues Concerning the Specific Application of the Law in Handling Criminal Cases of Insider Trading and Leaking of Insider Information, cannot solve all or even most of the complexities in the insider trading criminal justice. Rethinking the practical obstacles and flaws of the recently enforced judicial interpretation of insider trading not only can provide beneficial references to the judicial practice on the crime of insider trading, but also contributes to make preparatory work for the upcoming legislative reform and judicial interpretation of financial market crimes in China.
The focus of literature on the policy responses to the Somali pirate has thus far examined controls put in place at the international, regional, and national levels. There has however, been little research examining how these international level policies have manifested themselves at the interactional level, namely through the prosecution of individuals charged with the crime of piracy. Here, informed by elements of critical race theory and the politics of identity, I analyze the trial transcripts of the prosecution of five Somali nationals in the US. I pay particular attention to the reality of these anti-piracy policies as they play out in a US courtroom where they not only reify larger processes of global stratification, but also deny the defendant's access to justice by characterizing them as black, Muslim, youth with possible connections to terrorism.
Top-cited authors
Basia Spalek
  • University of Derby
Tim Prenzler
  • University of the Sunshine Coast
Justice Tankebe
  • University of Cambridge
Victoria Mason
  • Murdoch University
M. Hedayati Marzbali
  • Universiti Sains Malaysia