The ‘good’, the ‘bad’ and the ‘Charlie’: the business of cocaine smuggling in Greece

This article examines the social organisation of cocaine smuggling in Greece. Emphasis is placed on the involvement of professionals from the shipping industry and actors from the ‘upper society echelons’ who play a pivotal role in the transportation and importation of cocaine to Western Europe and Greece. After considering empirical evidence from a variety of sources, our findings indicate that the cocaine market in Greece is ‘organised’ by a system of collaborative relationships between state, business and civil society actors. It is suggested that to better understand the nature of this illegal market, further research is required to take a closer look into the economic, socio-cultural and political incentives of these actors.     

‘Endemic to the species’: ordering the ‘other’ via organised crime

The United States has been the prime mover in the establishment of both the concept of organised crime and the use of the concept in its attempt to establish global hegemony, in which law enforcement became a little more than a front for a government-backed central casting agency, stereotyping both heroes and villains. This article offers an account of how the ‘Other’ has been used as prism for the construction of organised crime primarily in the United States and how this construction, as a franchise, has been exported on the international level and on heterogeneous criminal landscapes.     

Agamben’s Grammar of the Secret Under the Sign of the Law

This paper suggests that a grammar of the secret forms a concept in Agamben’s work, a gap that grounds the enigma of sovereignty. Between the Indo-European *krei, *se, and *per themes, the secret is etymologically linked to the logics of separation and potentiality that together enable the pliant and emergent structure of sovereignty. Sovereignty’s logic of separation meets the logic of relation in the form of abandonment: the point at which division has exhausted itself and reaches an indivisible element, bare life, the exception separated from the form of life and captured in a separate sphere. The arcanum imperii of sovereignty and the cipher of bare life are held together in the relation of the ban as the twin secrets of biopower, maintained by the potentiality of law that works itself as a concealed, inscrutable force. But the ‘real’ secret of sovereignty, I suggest, is its dialectical reversibility, the point at which the concept of the secret is met by its own immanent unworking by the critic and scribe under the *krei theme, and subject to abandonment through the work of profanation; here, different species of the secret are thrown against one another, one order undoing the other. The secret founded upon the sacred is displaced by Agamben’s critical orientation toward the immanent: what is immanent is both potential and hiddenness.     

It’s More Than the Code: Exploring the Factors that Moderate the Street Code’s Relationship with Violence

The paper explores the conditions under which the code of the street is more likely to lead to violence. Utilizing a sample of 400 homeless youths the paper examines how anger, self-centeredness, nerve, parental warmth, physical abuse, homelessness, negative attitudes toward the police, violent peers, and violent victimization moderate the relationship between the street code and violence. Findings suggest that the street code has a stronger relationship with violence under conditions where individuals have higher levels of anger, self-centeredness and nerve, less experience of parental warmth, more experience with physical abuse, longer periods of homelessness and more negative orientations toward the police. The street code, anger, self-centeredness, nerve, physical abuse, homelessness, negative attitudes toward the police, violent peers, and violent victimization also have significant lower order relationships with violence. Avenues for future research are discussed.     

Probing the Depths of the Responsible Corporate Officer’s Duty

Many criminal law scholars have criticized the responsible corporate officer doctrine as a form of strict and vicarious liability. It is neither. It is merely a doctrine that supplies a duty in instances of omissions. Siding with Todd Aagaard in this debate, I argue that a proper reading of the cases yields that the responsible corporate officer doctrine is just duty supplying, and does not allow for strict liability when the underlying statute requires mens rea. After analyzing Dotterweich, Park, and their progeny, I probe the depths of this duty-supplying doctrine, including to whom the duty is owed, whether the duty is grounded in statute, cause of peril, or contract, and what the content of the duty is. Although the responsible corporate officer doctrine unveils questions we may have about duty generally, it is no more problematic than other duty-supplying doctrines in the criminal law.     

Nozick’s Reply to the Anarchist

Central to Nozick’s Anarchy, State and Utopia is a defense of the legitimacy of the minimal state’s use of coercion against anarchist objections. Individuals acting within their natural rights can establish the state without committing wrongdoing against those who disagree. Nozick attempts to show that even with a natural executive right, individuals need not actually consent to incur political obligations. Nozick’s argument relies on an account of compensation to remedy the infringement of the non-consenters’ procedural rights. Compensation, however, cannot remedy the infringement, for either it is superfluous to Nozick’s account of procedural rights, or it is made to play a role inconsistent with Nozick’s liberal voluntarist commitments. Nevertheless, Nozick’s account of procedural rights contains clues for how to solve the problem. Since procedural rights are incompatible with a natural executive right, Nozickeans can argue that only the state can enforce individuals’ rights without wronging anyone, thus refuting the anarchist.     

Operation ‘Cerberus Action’ and the ‘Four Corners’ Prosecution

There is a generally accepted belief that a well publicised prosecution, which results in the conviction of the offenders will deter crime by sending out a ‘clear message’ to those intending to offend. Those who seek to enforce the legal protection of antiquities and archaeological sites will often decry the number of prosecutions brought, and urge a more aggressive prosecution policy against looters and traffickers in antiquities. However a prosecution may not always produce the anticipated outcome of deterrence. In this article a lawyer examines a recent high profile operation undertaken by the Federal Bureau of Investigation and the Bureau of Land Management against looters and traffickers in the south west of the United States for breaches of the Archaeological Resources Protection Act of 1979 and its outcome. It will begin with a short consideration of the context in which the prosecutions were brought: the scale of looting in the area; the difficulties facing those who have to enforce the law; the legal and historical background, and the belief of many in the area that they have a right to dig for artefacts and to collect or sell them. It will then consider ‘Operation Cerberus Action’ and its consequences in some detail, drawing on contemporaneous newspaper accounts and blog comments to illustrate that a prosecution, even where it results in conviction of all the defendants, may be counterproductive, serving only to entrench existing attitudes rather than encouraging behavioural change in intending looters and traffickers.     

Applying the Responsibility to Protect to the ‘Arab Spring’

The doctrine of the responsibility to protect, since its inception in the ICISS report of 2001, has been the subject of considerable discussion. Arguably its most publicised component is the principle that the international community has the responsibility to protect civilian populations against severe suffering where the relevant national authorities are unable or unwilling to do so. Consequently, the main focus of discourse upon the responsibility to protect has centred on its impact upon the approach of the international community to intervention in respect of situations posing considerable humanitarian crises. The events of the Arab Spring, in which full blown conflict in some states gave rise to serious human suffering, provided a real opportunity for the international community to evaluate the role of the responsibility to protect in decision-making over responding to such instances, and potentially to develop it into a practical and meaningfully implementable concept. However, due to political flaws inherent in the doctrine, and its arguably overstated significance, the doctrine at best played a minimal role in guiding the international response to developments in the Arab World. Nonetheless, responses to the Arab Spring do allow certain conclusions to be drawn in respect of the future relevance of the doctrine.     

Victims’ motivations for reporting to the ‘fraud justice network’

ABSTRACT

It is well-established that (online) fraud has one of the lowest reporting rates across all crime categories. However, there is a large gap examining why some victims choose to report online fraud offenses. Therefore, this paper examines the under-researched group of online fraud victims who reported their crimes to authorities. Based on interviews with 80 victims across Australia, who lost at least AUD10,000 to online fraud, this paper demonstrates two motivations behind reporting: a sense of individual justice, and an altruistic notion of protecting others. The paper also highlights the negativity associated with the reporting process. The paper uses these findings to determine what can be learnt from the victims who were willing to report. It concludes with a discussion of the challenges evident in seeking to improve the confidence of victims reporting to authorities.     

Parents’ and non-parents’ beliefs about the cues to deception in children

Previous research has suggested that certain groups of experts are better at detecting deception than others. A possible explanation for this finding is that some expert groups have different beliefs about the cues to deception. This study investigated these beliefs in one such expert group, namely parents. Four different scenarios were presented, each scenario depicting a deception for a child at a different age. For each one, participants were asked to indicate whether behaviours would occur more or less frequently during deception. Some differences were found between parents and non-parents for overall beliefs, however there were few differences in their awareness of situational variations, with all participants being aware that deceptive behaviour could change across situations. Results are discussed in terms of the relationship between beliefs and expertise as well as the importance of direct versus indirect experience in the formation of beliefs about the cues to deception.     

‘Stalking’ – Seeking the victim's perspective

Abstract

The law has experienced great difficulty in defining ‘stalking’ and framing legislation to deal with the problem. There has been little research as to how the public in general and potential victims in particular view this phenomenon. In an effort to explore this issue, 80 women aged 18 to 55 years were invited to classify which of a range of intrusive behaviours were exemplars of stalking. A cluster analysis of the classification data showed a clear distinction between those which participants felt to be stalking and non-stalking related acts. Further, a number of distinct sub-categories of perceived stalking behaviours were suggested by the analysis. Participants were also asked to indicate whether they had first hood experience of any of these behaviours and to describe their worst personal experience of ‘stalking’. Analysis of this data suggested that instances of what our respondents perceived as ‘stalking’ was widespread in the sample and that some of its more serious manifestations would, if reported, have led to criminal charges. The difficulties of framing legislation, however, to define all the acts which our respondents saw as ‘stalking’ remain.     

Attorneys’ career dissatisfaction in the new normal

The 2008 economic recession had a seismic impact on the legal market. In this article, we empirically assess whether the recession has made law an unsatisfying career. Relying on survey data from over 11,000 active members of the State Bar of Texas, we find that only 13.5 percent of all attorneys and 11.5 percent of full-time attorneys are dissatisfied with their careers. Newer attorneys report greater career dissatisfaction than more experienced attorneys, yet they too are largely satisfied. We also determine using logistic regression that three factors are highly predictive of lawyers’ career dissatisfaction: (1) comparatively low incomes; (2) working in private practice as opposed to in government or non-profit/public interest; and (3) law firm employment in a non-partnership role. Equally important, debt and lower class rank only slightly increase the odds of career dissatisfaction; and race, gender, years of practice experience, and firm size have no effect.     

Who’s afraid of penal populism? Technocracy and ‘the people’ in the sociology of punishment

Contemporary sociologists of punishment have criticized the rising incidence of incarceration and punitiveness across the Western world in recent decades. The concepts of populist punitiveness and penal populism have played a central role in their critiques of the burgeoning penal state. These concepts are frequently sustained by a doctrine of penal elitism, which delegates a limited right to politicians and ‘the people’ to shape institutions of punishment, favoring in their place the dominance of bureaucratic and professional elites. I argue that the technocratic inclinations of penal elitism are misguided on empirical, theoretical, and normative grounds. A commitment to democratic politics should make us wary of sidelining the public and their elected representatives in the politics of punishment. A brief discussion of Norway’s legal proceedings against Nazi collaborators in the mid-1940s and the introduction sentencing guidelines commissions in Minnesota in the 1980s shows – pace penal elitism – that professional elites may variously raise the banner of rehabilitationism or retributivism. While penal elitism may yield a few victorious battles against punitiveness, it will not win the war.     

Changing the meaning of ‘vulnerable’ under the homelessness legislation?

The Supreme Court judgement in Hotak v Southwark London Borough Council (Equality and Human Rights Commission and others intervening) [2015] UKSC 30; [2015] 2W.L.R. 1341 appears to have significantly altered prevailing understandings of the meaning of ‘vulnerability’ within the homelessness legislation’s concept of priority need. This paper analyses Hotak’s doctrinal effects, and questions both the adequacy of the court’s reasoning and the likelihood of those formal doctrinal changes leading to a concomitant alteration to the content of the decisions that local authorities reach.     

Teenagers’ Experiences of Pregnancy and the Parents’ and Partners’ Reactions: A Malaysian Perspective

This study focuses on the experiences of unwed teenage mothers in Malaysia in respect to the reactions of their parents and the fathers of their babies and how the reactions from significant others influence these unwed teenage mothers. The investigation was based on content analysis of interviews with 17 unwed teenage mothers, aged 12 to 18 years, during their probation or placement in shelter houses. The results show that most unwed teenage mothers became pregnant as a result of rape or statutory rape, and thus were at risk of developing mental health problems. Three themes were developed: secrecy, repression, and rejection. Four additional themes—feeling detached, trapped, unworthy, and ambiguous—were developed to describe the teenagers’ experiences of pregnancy.     

Comparing Teachers’ and Students’ Perspectives on the Treatment of Student Misbehavior

Social Justice Research - The treatment of student misbehavior is both a major challenge for teachers and a potential source of students’ perceptions of injustice in school. By implication,...