Organized crime, the militarization of public security, and the debate on the “new” police model in Mexico

After the recognition in Mexico of a situation characterized by violence involving both non-state actors (mainly drug lords) and the state apparatus, the present research critically analyzes both the national security strategy adopted by President Felipe Calderón Hinojosa (2006–2012), which is based on the process of the militarization of public security, as well as the “new” police model proposed by the executive power that seeks to professionalize law enforcement agencies.     

Knowledge flows,the influence of national R&D structure and the moderating role of public–private cooperation

This paper analyses country-specific determinants of knowledge flows with a view to uncover the role of cross-organizational interactions. Using a sample of some 600,000 patents from the EU27 member states in the period 1990–2007, we take backward citations as dependent variable and find that technological sophistication and research size have a positive effect on knowledge flows. While a national bias towards applied research and development has a negative impact, individual public–private cooperation has a moderating effect due to the generation of scientific knowledge by public institutions. The present study contributes to the debate concerning the direction of R&D investments and provides empirical support to policies aimed at the enhancement of public–private cooperation.     

The economy,crime and time: An analysis of recorded property crime in England & Wales 1961–2006

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.     

“Identified”, “probable”, “possible” or “exclude”: The influence of task-irrelevant information on forensic odontology identification opinion

In a mass disaster situation, identification of the deceased utilising comparison of dental features is frequently heavily relied upon to facilitate rapid and accurate outcomes. The method consists of the comparison of clinical and radiographic records depicting oral structures and dentition to allow an opinion to be produced on a presumed identity. Current forensic odontology identification opinions are expressed as categories of levels of identification. Categories such as “Identified”, “Probable”, “Possible” and “Exclude” are used in various forensic odontology identification scales. The boundaries between the levels of the scales are not fixed; hence, category selection is highly subjective. It is uncertain how extrinsic factors such as exposure to contextual task-irrelevant information or operator experience influence category selection. In this study, forensic odontologist and dentist participants read task-irrelevant context case information containing either strong or weak identification or non-identification suggestions before evaluating and comparing pairs of true matching and non-matching dental radiographs. They were then asked to form an opinion regarding identification using one of four categories from the INTERPOL scale. Context information was found to influence categorical decisions. The magnitude and direction of influence depended on the type of participant, the true match status of the radiographs, and the strength and direction of bias of the context. The results of this study demonstrate the contextual effect and fluidity of the boundaries between the categories on the identification scale and highlight the need for stringent protocols to be developed regarding the use of these categorical scales to enable decision making to be more objective.     

A note on the facticity of animal trials in early modern Britain; or,the curious prosecution of farmer Carter’s dog for murder

For a century or so there has been a lively debate on the meaning of animal trials in early modern and medieval Europe. One unresolved issue in this debate is the geographical and jurisdictional incidence of animal trials, including their facticity in Britain. This essay explores some neglected evidence in this regard, namely, three British animal trials identified in E.P. Evans’ (1906/1987) authoritative text The Criminal Prosecution and Capital Punishment of Animals.     

“Human Habitation or Economic Life of their Own”: The Definition of Features Between History,Technology and the Law

Liverpool Law Review - Article 121(3) of the United Nations Convention on the Law of the Sea (UNCLOS) establishes the regime of geographical features. It distinguishes the island from...     

Ten Years On, the ‘Three Circle’ Model of Restorative & Transformative Justice: A Tool to Combat Victimization and Recidivism

This paper had its genesis 10 years ago in the authors’ development of a communitarian ‘three circle’ model of restorative and transformative justice for a pilot restorative justice study used with serious and repeat adult offenders appearing in the Magistrates’ Courts in Western Australia. The model was designed in part to place their crimes within a context, something that rarely occurs within the mainstream adversarial criminal justice system in Australia. The model was primarily designed to provide victims of crime with the best outcome and offenders with the opportunity to provide apology and restitution, as well as take responsibility for their actions. The three circles, each including two facilitators, are: Circle 1: consists of the perpetrator who has pleaded guilty to a specified criminal act together with his/her family and/or friends; Circle 2: consists of the victim(s) of the crime together with their family and/or friends. Circle 3: consists of a combination of the first two circles, tasked to seek, if possible, a mutually agreeable resolution that culminates in a report to present to the Magistrate in court to use in mitigation of sentencing. Importantly, although the 30-month study had socially and economically significant results, 10 years after its completion there is still no restorative justice program in the adult courts in Western Australia. Because of this, the authors also set out to question the state government’s motivation in largely ignoring this successful process.     

Yesterday's war; tomorrow's technology: peer commentary on ‘Ethical,legal, social and policy issues in the use of genomic technologies by the US military’

A recent article by Maxwell J. Mehlman and Tracy Yeheng Li, in the Journal of Law and the Biosciences, sought to examine the ethical, legal, social, and policy issues associated with the use of genetic screening and germ-line therapies (‘genomic technologies’) by the US Military. In this commentary, we will elaborate several related matters: the relationship between genetic and non-genetic screening methods, the history of selection processes and force strength, and the consequences and ethics of, as Mehlman and Li suggest, engineering enhanced soldiers. We contend, first, that the strengths of genomic testing as a method of determining enrollment in the armed forces has limited appeal, given the state of current selection methods in the US armed forces. Second, that the vagaries of genetic selection, much like other forms of selection that do not bear causally or reliably on soldier performance (such as race, gender, and sexuality), pose a systematic threat to force strength by limiting the (valuable) diversity of combat units. Third, that the idea of enhancing warfighters through germ-line interventions poses serious ethical issues in terms of the control and ownership of ‘enhancements’ when members separate from service.     

‘The referring court asks,in essence’: Is reformulation of preliminary questions by the Court of Justice a decision writing fixture or a decision‐making approach?

The Court of Justice can rephrase or otherwise depart from the questions referred to it by national courts under Article 267 of the Treaty of the Functioning of the European Union. It does so routinely: a practice known as reformulation. Legal literature often argues that reformulation is used to clarify national court questions and bring them within the scope of European Union law. The aim of the present article is to explore this claim systematically. To this end, it compiles a unique dataset consisting of the Orders for Reference, in which the referring courts embed the preliminary questions, and the judgments, in which the Court of Justice communicates the answers. The findings suggest that reformulation is a decision‐making approach rather than a fixture of decision writing. It's main function is to neutralize conflicts and Europeanise disputes. It underlines the Court's power to shape the preliminary ruling procedure and its outcomes.     

Is It the What or the How? The Roles of High‐Policing Tactics and Procedural Justice in Predicting Perceptions of Hostile Treatment: The Case of Security Checks at Ben‐Gurion Airport,Israel

What affects perceptions of hostile treatment by police, characterized by feelings such as humiliation and intimidation? Is it what the police do to the citizen, or is it about how they do it? The important effects of procedural justice are well documented in the policing literature. Yet, it is not clear how high‐policing tactics, coupled with procedural justice, affect one's sense of hostile treatment: is it the case that what the police do does not matter as long as they follow the principles of procedural justice, or do some invasive or unpleasant tactics produce negative emotions regardless of the amount of procedural justice displayed by the officer? In the present study we examine this question in the context of security checks at Ben‐Gurion Airport, Israel. Using a survey of 1,970 passengers, we find that the behavioral elements of procedural justice are an important antidote, mitigating the negative effects of four “extra” screening measures on the perceived hostility of the checks. At the same time, two security measures retain an independent and significant effect. We discuss the implications of our findings and hypothesize about the characteristics of policing practices that are less sensitive to procedural justice.     

Letter to the editor: Commentary on “Strategic choice in linear sequential unmasking,Roger Koppl,Science & Justice,https://doi.org/10.1016/j.scijus.2018.10.010”

This letter to the Editor comments on the paper ‘Strategic choice in linear sequential unmasking’ by Roger Koppl (Science & Justice, https://doi.org/10.1016/j.scijus.2018.10.010).