Quantifying the Accuracy of Forensic Examiners in the Absence of a “Gold Standard”

This study asked whether latent class modeling methods and multiple ratings of the same cases might permit quantification of the accuracy of forensic assessments. Five evaluators examined 156 redacted court reports concerning criminal defendants who had undergone hospitalization for evaluation or restoration of their adjudicative competence. Evaluators rated each defendant’s Dusky-defined competence to stand trial on a five-point scale as well as each defendant’s understanding of, appreciation of, and reasoning about criminal proceedings. Having multiple ratings per defendant made it possible to estimate accuracy parameters using maximum likelihood and Bayesian approaches, despite the absence of any “gold standard” for the defendants’ true competence status. Evaluators appeared to be very accurate, though this finding should be viewed with caution.     

The end of organised crime in the European Union

So much has been written—and vigorously contested—about ‘organised crime’ (OC) that the impending fall of this familiar icon may come as a shock, both to its detractors and to those who take it for granted. Yet that moment may be upon us, for reasons that this paper will explore, as the European Union shifts the vocabulary within which policies on police cooperation are articulated. A pivot of this change is the EU Council Decision on Europol, first debated by the Council in late 2006 and anticipated as applying from 2010 onwards. This will shift the scope of Europol’s work from ‘organised crime’ (attributing qualities to criminality) to ‘serious crime’ (concern with impacts and harms falling on individual and collective victims); will transfer financing of Europol to the Community budget; and so will initiate parliamentary scrutiny. These issues in security governance are explored from ‘northern’, ‘southern’ and ‘eastern’ European perspectives and in the contexts of ongoing enlargement and democratisation of the EU.

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Talking Heads and Bleeding Hearts: Newsmaking, Emotion and Public Criminology in the Wake of a Sexual Assault

Using our own experiences in attempting to ‘do’ public criminology in the wake of a violent sexual assault on our campus, we offer a critique of the emerging public criminology framework. Focusing specifically on tensions between fact and emotion and representations of expertise in the news media, we argue for a greater respect for emotional responses to crime in moving the public criminology agenda forward. We suggest that if public criminology sets as its goal educating the public about crime with an eye towards injecting a counter/critical discourse into ‘get tough’ crime control policies, then public criminologists need to recognize and take seriously the public’s emotions rather than negate them. Drawing on the work of Ahmed (The cultural politics of emotion. Routledge, London, 2004), we suggest that the role of the expert is not to simply inform citizens of the ‘facts’ about crime, but to establish—through emotions—the relationship between themselves and the imagined criminal Other (Young in Imagining crime: Textual outlaws and criminal conversations. Sage Publications, London, 1996). Thus, alongside trying to convince the public to be more ‘rational’ when it comes to crime, critical criminologists must start to accept people’s fear and anger as legitimate reactions and try to redirect these emotions toward more productive ends.     

Criminal defense counsels,district attorneys,and the insanity plea: A modest difference of opinion

This research examines differences between samples of 166 city and county prosecutors and 118 defense attorneys from Virginia, Tennessee, and Kentucky concerning their views toward the insanity plea in felony cases. Currently, tests for insanity used by the states are the M’Naghten rule, the ALI Model Penal Code test, and the Smith “irresistible impulse” test or combinations thereof. Defense counsels greatly favor the prosecution bearing the burden of proving a defendant’s sanity, while a majority of prosecutors believe that this is the defense counsel’s responsibility. Twenty-five percent of the prosecutors surveyed believed that it is the prosecutor’s responsibility to show by clear and convincing evidence, beyond a reasonable doubt, that defendants are sane and capable of bearing the responsibility for their crimes alleged. Philosophical and practical arguments about the burden of proof issue are examined. Preferences of defense counsels and prosecutors for different insanity tests are explored, finding that a majority of attorneys favor the more recent ALI test.     

<Emphasis Type="Italic">Random Activities Theory</Emphasis>: The Case for ‘Black Swan’ Criminology

In the United States, infamous crimes against innocent victims—especially children—have repeatedly been regarded as justice system “failures” and resulted in reactionary legislation enacted without regard to prospective negative consequences. This pattern in part results when ‘memorial crime control’ advocates implicitly but inappropriately apply the tenets of routine activities theory, wherein crime prevention is presumed to be achievable by hardening likely targets, increasing the costs associated with crime commission, and removing criminal opportunity. In response, the authors argue that academic and public policy discourse will benefit from the inclusion of a new criminological perspective called random activities theory, in which tragic crimes are framed as rare but statistically inevitable ‘Black Swans’ instead of justice system failures. Potential objections and implications for public policy are discussed at length.     

Making Room for Hate Crime Legislation in Liberal Societies

There is a divide within political and legal theory concerning the justification of hate-crime legislation in liberal states. Opponents of Hate-Crime Legislation have recently argued that enhanced punishment for hate-motivated crimes cannot be justified within political liberal states. More specifically, Heidi Hurd argues that criminal sanction which target character dispositions unfairly target individuals for characteristics not readily under their control. She further argues that a ‘character’ based approach in criminal law is necessarily illiberal and violates the state’s commitment to political neutrality. In the current paper, I attempt to show the difficulties and absurdity that follows from Hurd’s characterization of hate- rimes. I aim to show that punishment for undesirable character traits is consistent with western conceptions of criminal law. Upon doing so, I then go on to construct a positive argument for the justifiability of punishing for character traits as well as for the enhanced punishment associated with hate-motivated crimes.     

Imperial Violence: the ‘Ethnic’ as a Component of the ‘Criminal’ Class in Victorian England

This article seeks to identify how, and in what ways, the debate over ethnic identity acquired saliency during the different phases of black settlement in England, especially against the backcloth of the socio-cultural processes and the economics of colonialism. It outlines how the ‘other’ was constituted in different discourses, policies, and practices, and how these constructions were appropriated by the criminal justice agencies. Critically, ethnic identity as subordinate and ‘inferior’ was produced by many of the same mechanisms as was developed with regard to the indigenous ‘criminal’ class in Victorian England. Societal reaction, through criminal and civil statutes, established the identity of the ethnic minorities of early nineteenth century England, not just as subordinate strata, but also by a more complex process, as a variant of the newly emergent ‘criminal’ class. It is argued that, caught in the hub of empire, the ‘ayahs’, the ‘lascars’ and the domestic servants (See R. Visram, The Ayahs, Lascars and The Princes (London: Pluto).) in England’s ports found themselves reconstructed as part of the ‘criminal’ class and subsequently subjected to disciplinary measures of social control and surveillance. The author argues with regard to the indigenous population, conceptions of the threat of the non-Western crystallised around the same popular images of ‘savagery’ and of moral degeneracy, a process reinforced in imperial fiction. A desire to ‘civilise’ and improve the peculiar habits of the non-Western followed directly from indigenous precedent.     

What’s Inside and Outside the Law?

In this article I take up a conceptual question: What is the distinction between ‘the law’ and the behavior the law regulates, or, as I formulate it, the distinction between what is ‘inside’ the law and what is ‘outside’ it? That conceptual question is in play in (at least) three different doctrinal domains: the constitutional law doctrines regarding the limits on the delegation of legislative powers; the criminal law doctrines regarding mistakes of law; and the constitutional rights doctrines that turn on the distinction between state action and the acts of non-state actors. I argue that legal doctrines should turn solely on normative considerations and should not turn on answers to conceptual questions. However, the doctrines I discuss appear to turn on the conceptual question regarding what is ‘inside’ and ‘outside’ the law. I show how each of these doctrinal areas appears to raise this conceptual issue, and I explain how the doctrines might or might not escape being held hostage to conceptual controversy.     

A Tory High Modernism? Grand Plans and Visions of Order in Neoconservative Ontario

Trends toward mass incarceration in the United States and elsewhere raise compelling questions about the social purposes of prisons, and their role in the consolidation (and/or privatization) of the neoconservative state. This article examines two moments of penal reform that were historically distinct, but remarkably similar in their shape and intent. Mike Harris’s Progressive Conservatives won control of Ontario’s provincial government in 1995, and undertook a wide-ranging program of institutional and social restructuring that was intended to transform Canada’s industrial heartland. Penal reform was central to this agenda, but Conservative efforts here were remarkably similar to those 160 years before, when Canada built its first penitentiary. This article compares these two moments of flux using a theoretical framework developed by James Scott. He argues that the grand plans of ‘high modernist’ reformers, while seeking to make society more ‘legible’ and ‘rational’, tend to employ simplifications—especially visually pleasing ones—which obscure and suppress insights that might be gained from the ‘practical knowledge’ of those closer to the ground. They do this at their peril, for grand plans tend to fail for lack of such knowledge. The article argues that Ontario’s experience fits neatly into these categories, except that the aim of reformers here has been to restore an old social order, rather than to build a new one.     

<Emphasis Type="Italic">Ayam aham asmīti</Emphasis>: Self-consciousness and Identity in the Eighth Chapter of the <Emphasis Type="Italic">Chāndogya Upanişad</Emphasis> vs. Śankara’s <Emphasis Type="Italic">Bhāşya</Emphasis>

The article offers a close reading of the famous upanişadic story of Indra, Virocana and Prajāpati from the eighth chapter of the Chāndogya-Upanişad versus Śankara’s bhāşya, with special reference to the notions of suşupti and turīya. That Śankara is not always loyal to the Upanişadic texts is a well-known fact. That the Upanişads are (too) often read through Śan-kara’s Advaitic eyes is also known. The following lines will not merely illustrate the gap between text and commentary but will also reveal an unexpected Upanişadic depiction of ‘dreamless sleep’ and ‘transcendental consciousness’. Suşupti is described here as ‘one step too far’, as a ‘break’ or discontinuity in one’s consciousness; whereas turīya is depicted positively, and surprisingly even in wordly terms. Unlike the third state of consciousness in which there is no ‘world’ nor ‘me’, and which is described through Indra’s character as ‘total destruction’ (vināśa); in turīya, the world ‘comes back’, or rather the ‘renouncer’ returns to the world. Sankara’s position, as far as the story under discussion is concerned, is radically different. For him, the Upanişadic story illustrates the continuity of consciousness in all its states. For him, the identification with merely one of the consciousness-states is an error (adhyāsa) which causes suffering. Consciousness prevails even in suşupti, and turīya has nothing to do with ‘coming back to the world’, since there is nowhere to come back from or to. Turīya, as seen by the Advaitin, consists of all the other states of consciousness together, or as K. C. Bhattacharyya puts it, ‘It is not only a stage among stages; it is the truth of the other stages’. The article is dedicated to Prof. Daya Krishna (1924-2007).     

Allergologies Versus Homeopathies

This paper is a reconstruction of Levinas’ reading of Hegel and his understanding of violence (of the enemy and the war). Combining Franz Rosenzweig’s reflections which concern the sick philosopher and Hegel’s state, as well as Derrida’s interpretation of the different attributes of violence, our aim is also to give full evidence of Derrida’s critical reading of Levinas. The first part illustrates the various classifications of the figures of violence from the different periods of Hegel’s life and the traces that these figures have left in Levinas’ texts beginning with ‘Liberté et commandement’ in 1953. In the second part we discuss Hegel’s well-known analogy from his Rechtsphilosophie on sovereignty and the organism—that is to say the parallel reading of some paragraphs of Naturphilosophie too—and the relation between totality and violence, in Levinas’ ‘ontology as allergy’ and in Derrida’s autoimmunology.     

The Molotov Milkshake: Corporate Social Responsibility and the Market

This article investigates links between the final scene—the milkshake scene—of P. T. Anderson’s film, ‘There Will Be Blood’, and a commercial advertisement for the sale of oil, which relies on a milkshake drinking analogy. The comparison probes a tension between the aspiration for capitalist economic growth and the self-regulation of corporate social responsibility (CSR). Business figures committed to the practice of CSR struggle with the possibility that deeper, systemic forms of violence inherent in market competition supersede their attempts at installing more responsible cycles of economic exchange. A risk remains, all the while, that social and environmental concern of the kind expressed in CSR is only able to acquire ‘value’ in the market, a relational or ‘dialectical’ system of exchange, where it meets contrasting cycles or events in the market: the value of alternatives (e.g. ‘going green’) is predicated on pre-existing products or earlier cycles of marketisation. The article discusses difficulties that CSR creates in terms of making interventions and raising conflict with corporate actors, and a tendency for the system to leave inert, exposed or abandoned, those that try. The capacity of CSR to eradicate the more vicious shadow of capitalist markets is challenged in the article. There is no release, the author argues, in a concept that is so essentially dependent on market mechanisms and on competitively motivated (ex)change.     

Penal ideology, sentencing and the legitimacy of trial justice

The paper explores the link between penal ideology and international trial justice from the perspective of sentencing. The argument is based on the premise that the perceived legitimacy of punishment is directly related to effective governance in criminal justice. As such, loss of faith, or lack of moral empathy by individuals and communities with the ideologies, processes and outcomes of punishment compromises the ability of criminal trials to function effectively in maintaining the ‘rule of law’. The paper argues that more emphasis should be given explaining the moral foundations that underpin perceptions of ‘justice’ in sociological accounts of the ‘reality’ of sentencing, and proposes an analytical framework for conceptualising this. Adopting this approach, the paper draws on examples from national and international criminal justice to illustrate how the hegemony of penal ideology and its implementation compromises the ability of sentencing outcomes to resonate with the trial‘s ‘relevant audience’. The paper then focuses on how penal ideology influences the construction of the factual basis for sentencing in international criminal trials, and considers the consequences of this for the perceived ‘legitimacy’ of international trial justice.     

Left Realism,community and state-building

Left Realism, as it emerged in the mid 1980s in the UK was a policy-oriented intervention focusing on the reality of crime for the working class victim and the need to elaborate a socialist alternative to conservative emphases on ‘law and order’. It saw the renewal of high crime, deprived communities as involving democratic police accountability to those communities. During the subsequent period developments have moved very much against the orientations of Left Realism. This paper compares two different contexts of renewal—the deprived urban community in the UK and the war-torn ‘failed state’ in Bosnia—and identifies certain common policy orientations which are then criticised from a Left Realist perspective.     

Why Emotions Matter: Expectancy Violation and Affective Response Mediate the Emotional Victim Effect

The mechanisms behind the ‘emotional victim effect’ (i.e., that the emotionality of a rape victim’s demeanor affects perceived credibility) are relatively unexplored. In this article, a previously neglected mechanism—observers’ affective response to the victim—is proposed as an alternative to the traditional expectancy-violation account. The emotional victim effect was replicated in an experiment with a sample of police trainees (N = 189), and cognitive load was found to increase the magnitude of the effect. Importantly, both compassionate affective response and expectancy violation actively mediated the emotional victim effect when the other mechanism was controlled for. These findings extend previous research on credibility judgments by introducing a ‘hot’ cognitive component in the judgment process. Theoretical and practical implications are discussed.     

RSPCA and the criminology of social control

This paper contributes to a rethinking of animal abuse control and animal welfare protection in criminology, specifically, and in the social sciences more broadly. We do this, first, through a broad mapping of the institutional control complex around animal abuse in contemporary Britain. Second, we focus on the institutional strategies and practices, past and present, of the main agency of animal protection, and the policing thereof, in this society, namely the Royal Society for the Prevention of Cruelty to Animals (RSPCA). In looking back to this charity’s growth since the first decades of the nineteenth century at the time of the birth of modern industrial capitalism and also to its current rationale and practices as a late-modern, corporate organisation, we explore the seeming paradox of a private body taking a lead on the regulation and prosecution of illegalities associated with animal-human relationships. Finally, the ideology and strategy of the RSPCA are explored in the context of the often visceral and culturally influential ‘morality war’ associated with proponents, respectively, of animal rights (‘abolition’) and ‘anthropic’ welfare proponents (‘regulation’ and ‘protection’).     

Becoming-Animal,Becoming-Detainee: Encountering Human Rights Discourse in Guantanamo

The Guantanamo detention facility, from its early days an emblem for human rights abuses, is a space where legal subjectivity of detainees is contested or even permanently suspended. This essay argues that we should look for the underlying rationale for this treatment not in the politicians who pursue intelligence, security, and strategic interest, or indeed even revenge for 9/11, but rather in the logic—or the ontology—that drives the present political and legal system. This is not to say, of course, that politicians play no role, or that they are mere ‘victims’ of social and political power relations—far from it; yet, it has to be acknowledged that the foundational assumptions on which the existing system operates create conditions of possibility for such degrading actions and exclusionary politics. This paper will first explore these philosophical foundations that enable such an understanding of exclusionary legal subjectivity as we see practiced in Guantanamo, amongst other places; secondly, it will search for an alternative logic of legal subjectivity as a ‘foundation’ for rights. Gilles Deleuze’s notion of ‘becoming’ as a potentially facilitative practice for an ‘open’ notion of legal subjectivity, as well as Alain Badiou’s account of ethics and evil, which points to a more ‘inclusive’ yet ‘situational’ understanding of human rights, will prove particularly useful here.     

The Influence of Accounts and Remorse on Mock Jurors’ Judgments of Offenders

Defendants often provide accounts that minimize their responsibility for the accused offense. Jurors attribute responsibility to defendants and decide legal outcomes based on the given account. The current research examined the effects of accounts (i.e., excuse, justification, denial, and no explanation) and the defendant’s remorse display (i.e., remorseful, remorseless) on mock jurors’ judgments. Participants acquitted the defendant in the denial condition most often and recommended the most lenient punishment in the justification condition. The remorseful defendant was found guilty more frequently than the remorseless defendant in the no explanation and (marginally) excuse conditions. Limitations and future research are discussed.     

Aboriginal organized crime in Canada: Developing a typology for understanding and strategizing responses

The present study explores the theory and, to the greatest degree possible given the limitations of the data, the reality of aboriginal participation in what may be defined as ‘organized crime’ in Canada, engaging the possibility of a definition of ‘aboriginal organized crime’ and the proposal of a ‘typology’ of participants. In the development of both the definition and typology, the researchers build upon Beare's definition of organized crime to include the dimension of motivations—whether social, political or economic—which theorists agree are crucial in understanding organized crime activities, but which do not appear in current definitions of the term, as well as important contextual factors informing participation in aboriginal organized crime networks.