Book reviews

Transborder Data Flows (Proceedings of an OECD Conference) Edited by Hans‐Peter Gassmann North Holland (Elsevier Science Publishers) 1985, US$74.00

Plastic and Electronic Money: New Payment Systems and Their Implications Patrick Frazer Woodhead Faulkner Limited 1985 £35

A User's Guide To Computer Contracting: Forms, Techniques and Strategies Davis, Allen, Bowman and Armstrong Harcourt Brace Jovanovich 1985, $75

Legal Protection of Computer Programs and Data C. Millard Sweet & Maxwell/Stevens 1985, £24

Piracy of Phonograms Gillian Davies ESC Publishing Ltd. 1986. 2nd edition. £17.95.

Biotechnology and Patent Protection—An International Review F. K. Beier, R. S. Crespi and J. Straus O.E.C.D. 1985, £5

Protecting Privacy in Two‐Way Electronic Services David H. Flaherty Mansell Publishing Company 1985, £23.50

High‐Tech Espionage Jay Tuck Sidgwick and Jackson Ltd 1980, £10.95     

Overcrowding and Inmate Fatalities

A number of theorists have suggested that prison overcrowding produces greater tendencies toward violence and interpersonal aggression. Empirical studies of the effects of overcrowding on the prison population have been conducted on individual inmate buffer zones, or have focussed on specific institutions within a state or federal prison system.

This paper reevaluates the relationship between prison overcrowding and inmate violence using official data reported for fifty-one (N = 51) Departments of Corrections reported in the Sourcebook of Criminal Justice Statistics.

Results of the analysis indicate that although overcrowding relates to the number of suicides and homicides in expected directions, these connections reverse themselves as indicators of inmate violence are translated into percentages of respective inmate populations.

The number of suicides reported explains a significant (R² = .27) portion of the variance in the number of homicides and clearly suggests that both forms of violence tend to occur together in state reporting areas.     

Singapore justice

Singapore was brought to the world's attention in the spring of 1994, when it sentenced Michael Fay to six lashes with a cane. Many debated the issues presented by that case and there were many half‐truths released about Singapore and the eighteen year old male from Ohio. This research does not raise the issues of caning or corporal punishment. Rather, the research was done to explore ‘'Justice in Singapore'’ and how its system of justice really operates.

More specifically, this research will focus on this city‐state consisting of many divergent peoples, races, cultures, languages, and its thriving economy. The major part of the research focuses on crime related matters. The research compares U.S. and Singapore crime rates, and has found the overall U.S. rates to be 200% to 380% higher in the 1980s. Violent crime rates for ten years were also compared, and the U.S. rates range from 749% to 1,405% higher than Singapore. The paper also examines the ‘'drug problem'’ in Singapore and its response to it.

The last section of this paper explores why there is generally very strong support for police in Singapore (little corruption and few acts of police brutality). The court structure was also explored and an analysis has been done on how it functions. Lastly, the prison system is examined and its operations are presented. Justice in Singapore works very well, but it is also very different from other nations of the world.     

Detention Short of Arrest For Questioning in England: An Update

This research sampled 163 nations of the world to determine the use and non-use of capital punishment for 1980–85. The first conclusion was that the majority of the nations do have a legal device to administer capital punishment (77% with Yes; N = 126). The 22 nations who executed averaged 4.2 executions, per year. When the other nations are factored in, the average is 1.57 “official executions” per year (N = 163). Many nations have the legal device to execute, but few do. The top nations reporting were South Africa with 111, and Mauritius with 25 (per year 1980–85).

The average age for execution for the 42 reporting nations was 18. The United States of America was the only nation reporting for less than 16 years old. The following “methods of execution” were reported:

1.

Hanging (N = 26, 57%)

2.

Shooting (N = 11, 24%)

3.

Beheading (N = 7, 15%)

Nations also excluded from the death penalty for the following reasons:

1.

Mental Illness

2.

Juveniles

3.

Pregnant Woman

Only 7 nations reported “open” or “public” executions.     

Book reviews

An Artificial Intelligence Approach to Legal Reasoning Anne Von Der Leith Gardner MIT Press 1987. £20.25

Design—The Modern Law and Practice Ian Morris and Barry Quest Butterworths. 1987. £45

Computers and the Law Richard Mawry and Keith Salmon BSP Professional Books,(Oxford, London, Edinburgh) 1988, £19.95

Television by Satellite—Legal Aspects Stephen de B. Bate (ed.) ESC Publishing Limited. 1987. £32.75.

Computer Software: Legal Protection in the United Kingdom Henry Carr E.S.C. Publishing Ltd 1987, £32.50.

Patents in Chemistry and Biotechnology Philip W Grubb Clarendon Press 1987. £12.50.

The International Handbook on Computer Crime Computer‐related Economic Crime and the Infringements of Privacy Ulrich Sieber John Wiley & Sons 1987. £24.95.

Computer Law: Theory and Practice Naomi Assia Advocate     

Book reviews

Handbook of Legal Information Retrieval Edited by J Bing, Norwegian Research Centre for Computers and Law, Oslo, in co‐operation with T Fjeldvig, T Harvold and R Svoboda North‐Holland 1984, US $96.25

Information Technology: The Challenge to Copyright. James Lahore, Gerald Dworkin and Yvonne Smyth Sweet & Maxwell and The Centre for Commercial Law Studies 1984, £12.00

Data Processing and the Law Edited by Colin Campbell Sweet and Maxwell 1984, £20.00

Le droit des Contrats Informatiques — Principes — Applications Centre de Recherches informatique et droit des Facultes Universitaires de Namur Maison Ferdinand Larder (Brussels), 1983, 45 FB

Computer Insecurity Adrian R.D. Norman Chapman and Hall 1983, £14.95

The Data Protection Act Richard Sizer and Philip Newman Gower Publishing, 1984, £16.95

The Data Protection Act 1984 Professor Bryan Niblett Oyez Longman Publishing, 1984, £18.00

The Data Protection Act 1984 — A Guide to the New Legislation J. A. L. Sterling CCH Editions, 1984, £15.00

Privacy and Data Protection — An International Bibliography Professor David H. Flaherty Mansell Publishing, 1984, £23.50

Computer Contracts R Morgan & G Stedman Oyez Longman Publishing 1984, 2nd Edition, £27.50

Computer Contracts Handbook Michele Rennie Sweet & Maxwell 1984, £15.00

Computer Contracts — An International Guide to Agreements and Software Protection Hilary Pearson Financial training 1984, £14.95     

Book reviews

Electronic Contracting, Publishing, and EDI Law Michael S Baum and Henry H Perritt, Jr Wiley Law Publications 1991. ISBN Q 471 53135 9

The Law of Electronic Commerce: EDI, Fax and E‐Mail Technology, Proof and Liability Benjamin Wright Little, Brown and Company 1991. ISBN Q 316 95632 5 $95

Crime and the Computer Martin Wasik Oxford University Press 1991. ISBN 0 19 825621 3 £35

Broadcasting: the New Law Nicholas Reville Butterworths ISBN 0 406 001375 £16

Regulating the Media Thomas Gibbons Sweet and Maxwell ISBN 0 421 37450 0 £27.50

Legal Protection of Computer Software Ranald Robertson Longman 1991. ISBN 0 851 21684 6 £35

The Computerised Lawyer: a Guide to the Use of Computers in the Legal Profession Philip Leith Springer‐Verlag 1991.

Winning with Computers: Trial Practice in the 21st Century John C Tredennick Jr, Editor ABA Section on Law Practice Management 1991. ISBN 0 89707 658 3 $90

The Age of Information Stephen Saxby Macmillan 1990. ISBN 0 333 54832 9 £25

Computer Security: Hackers Penetrate DOD Computer Systems: Testimony before the Subcommittee on Government Information and Regulation, Committee on Governmental Affairs, United States Senate (A General Accounting Office Report) James Brock, Jr 1991. GAO/T‐IMTEC‐92–5

Computer Contracts Morgan and Stedman (4th Edition) Longman Commercial Series 1991. ISBN 0–85121–6854 £60     

Citizenship and justice: public prosecutors in social contexts in Portugal

All over the world judicial systems are under tremendous pressure as the instruments used by citizens to access their full rights. The erosion of other state powers has transferred expectations of social intervention or, at least, protection for the rights of the weak and vulnerable, to the sphere of justice. Hence, in some countries the social role of judges or public prosecutors has become more important and their work is publicly scrutinised to ensure that their duties are performed correctly and fairly. In addition to criminal law, social areas of justice (concerning workers and children) have become more central to judicial systems, conferring a new public responsibility on these professionals.

In several countries, including Portugal, public prosecutors are unusual within the legal profession given that they have equal status in both social and criminal areas of law. In certain systems, public prosecutors may act as a party, defending the rights of powerless citizens and leading them through the judicial process. Such powers offer great potential for fairness and justice but at the same time can lead to dangerous professional controversies. Through an analysis of the Portuguese model, one of the more advanced of its kind (in terms of intervention), some of the main features will be described and identified.

Public prosecutors in Portugal have, for many years, been in charge of a set of very varied responsibilities within the context of the Family and Juvenile and Labour Courts which far exceed what is publicly acknowledged, particularly in criminal matters. However, their functions are not limited to those of the ‘public prosecutor’ or ‘coordinator of the investigation’ typically associated with responsibilities in criminal matters.

Within the context of these two major and socially sensitive areas, public prosecutors act as intermediaries between the different parties and entities involved in litigation, a fact which, in professional terms, endows them with features which are atypical of magistrates and places them in close contact with citizens. Thus, taking a case study based on the Coimbra Family and Juvenile and Labour Courts as its starting point, this paper aims to map out these formal and informal functions, which create a level of importance that is probably much higher than would have been expected, particularly given the lack of truly credible and effective alternatives that enable citizens to access law and justice.     

World Ministerial Conference on Organized Transnational Crime

As we head toward the end of the millennium we, as specialists and experts in the field of international criminal justice, must pause to reflect seriously on the issue of global organized crime. Study in this regard requires that more rigorous attention be focused on the future directions of research, the creation of a network of regional and worldwide scholars to perpetuate a collaborative agenda, and data collection for comparison of various activities associated with law enforcement and correctional operations. We must find a more unified systemic approach to crime control. Regardless of whether a nation is large or small, developed or underdeveloped, rich or poor, every society is confronted with the task of controlling organized crime.

Organized crime is indeed a universal phenomenon. It has long been predicted that international organized crime will become a major force in the commercial, financial and military sectors of every country, eventually affecting directly the destiny of all countries. We may soon be confronted with an economic and financial crisis, in that governments everywhere cannot afford to watch events unfold by saying “there is no solution to the problem because it is beyond our ability to control the problem.” We must find a solution.

On June 26, 1995, American President William Clinton, commemorating the 50th anniversary of the United Nations at the ceremony held in San Francisco called for, “Support through the UN of the fight against forces of disintegration from crime syndicates and drug cartels. They cross borders at will. Nations can and must oppose them alone, but we know, and the Cairo Conference reaffirmed, that the most effective opposition requires strong international cooperation and mutual support.”

The original idea for a global high‐level conference on organized crime came from a magistrate who devoted his life to fighting the Mafia, Judge Giovanni Falcone, who died in a bomb attack in May 1992, in Italy. Following Judge Falcon's death, the Minister for Justice in Italy took on the idea of holding this conference in his address to the General Assembly that year. The conference was held in Naples two years later, organized by the Crime Prevention and Criminal Justice Branch of the Secretariat of the U.N., under the guidance of the Commission on Crime Prevention and Criminal Justice and in accordance with the Economic and Social Council resolution 1993/29 of July 27, 1993, and the recommendation of the Commission was made at the second session. The 142 states represented at the Conference unanimously adopted the Naples Political Declaration and Global Action Plan Against Organized Transnational Crime, which was later approved by the General Assembly by resolution 49/159 on December 23, 1994.

For further information regarding the topic of international and transnational organized crime and associated issues, see World Ministerial Conference on Organized Transnational Crime, Naples, Italy, United Nations, Crime Prevention and Criminal Justice Newsletter, No.26/27, November 1995; speech by President William Clinton on the occasion of the 50th anniversary of the U.N., San Francisco, June 26, 1995; A Law Enforcement Source book of Asian Crime and Cultures: Tactic and Mindset, Douglas D. Daye, CRC Press, Boca Raton, 1997; Transnational Criminal Organizations, Cybercrime and Money Laundering: A Handbook for Law Enforcement Officers, Auditors, and Financial Investigators, James R. Richards, CRC Press, Boca Raton, 1999; and Global Report on Crime and Justice, by UN Office for Drug Control and Crime Prevention, Graeme Newman, ed., New York, Oxford University Press, 1999.     

Constitutional Changes and the Russian Philosophy of Justice

On October 7, 1977, the sixtieth anniversary of the Russian Revolution, a new constitution was unveiled. Unlike earlier constitutions which emphasized repression and exploitation, the current constitution represents the latest progressive step on the road to a complete communist state.

Although the public was involved in the revisions made in the constitution, it is believed that their input was cosmetic. The power of the Communist Party was strengthened, however; and from this one might conclude that the system of justice is also party controlled.

On paper many provisions of the Soviet right to due process are similar to those in the United States. The major difference is that these rights may be denied a citizen charged with a crime. A follow-up to the new constitution is to be the recodification of the entire Russian criminal code by 1985.     

Traumas of a child victim of rape in India: A diagnostic study

The study reveals (a) incidences of sexual abuse of minor girls is a global problem, (b) minor victims experience severe traumas which often remain unexpressed, and (c) in the absence of proper family and social support, minor rape victims have difficulty in coping with their daily lives. Rehabilitation programs are essential for them. A specific law is needed in the country to deal with such cases separately and justly.

This study discusses the trauma of rape of minor children, first giving a macrolevel view of sexual abuse, such as rape of minor girls in India and other developing countries, then at the microlevel, analyzing the impact of rape through a few individual cases. The data is based on crime statistics of the National Crime Records Bureau for the years 1993–99 which give the figures of rapes of minor girls in the age ranges of 10 years and younger, and between 10 and 16 years.

The paper is divided into two parts. The first explores various studies of the extent of rapes of minors in different countries and gives a graphic representation of the incidence of rape and kidnapping in India. Traumas suffered by the minor victims of rape are discussed in detail and supported by few cases. The second part gives suggestions on how to rehabilitate these minor rape victims.     

Evaluating a Police Report

An evaluation system was developed for a police department using the MAUT-Baysian (Multiple Attribute Utility-Baysian Statistics) system of strategy evaluation. This system requires the elected officials, police department, and community to jointly establish the goals for the police department. These goals are then rank ordered from most important to least important. A weighting system is then established using the least important goal as the unit of measure to ensure goal consistency.

Both objective and subjective measures were developed to help assess the success of the Department meeting these goals. Measurements included comparisons between the Department and other similar departments on areas of concern, survey results of citizen and police attitudes, and observational information. After completing the data collection for the evaluation it is placed on a matrix to aid the decision maker get a complete overview of the Department. The array allows the manager to see quickly how the Department is doing on each goal and how the Department is doing as a whole.

The management implications for the system are extensive and powerful, since the manager can see how resource allocation or change can affect overall success. By shifting small resources from lower ranked to higher ranked goals major changes in police effectiveness can be accomplished.     

Criminal Justice in Soviet Russia

Compared to American criminal justice, the fabric of Russia's system is a tightly woven structure operating under centralized co-ordination. During recent history, the goals of Russia's criminal justice system have shifted from repression by terrorism to crime prevention through education and an emphasis on individual duty in peace-keeping matters.

The militia (police), created in 1917, has been mandated to prevent crime through intelligence activities, direct intervention, and citizen education. In 1966, it was given the responsibility for the supervision of offenders newly released from correctional institutions. Peoples Volunteer Brigades and the DRUZHINNIKS aid the militia in crime prevention.

The courts also make use of non-professionals in the persons of lay assessors to insure that the accused is judged by his “peers.” The court system itself is inquisitorial in nature as opposed to the American accusational model. As the accused person moves through pre-trial and trial procedures, one can see how his “rights” may be legally abridged at every step.

Russian courts have a variety of sentences from which to choose, ranging in harshness from public censure to death by shooting. Deprivation of liberty may be applied by degree from “education” to compulsory labor to strict incarceration. The Soviets are attempting an organized plan of diversionary sentencing, in order to reduce prison populations to all but the most dangerous offenders.

Correctional facilities depend on inmate commissions to keep order and motivate good behavior through group influence and peer pressure. Inmates as well as civilians have “a national duty to mind other people's business.”

In the United States, justice is fragmented into a variety of jurisdictions: municipal, county, state, and federal, each with its own law enforcement agencies, courts, and correctional agencies. Further, there is only limited coordination among the various segments of the system. There is little argument to the proposition that the American “system” of criminal justice is inefficient.

Unlike America's disjointed system, the Russian Criminal justice system is unified; militia (police), procurators (prosecutors), courts, and correctional facilities operate under a centralized coordinating body. This body is characterized by a unity of purpose and a high degree of systemic integration (Juviler, 1979, p. 1).     

University visitor revisited. Part 2

The House of Lords not convinced by the New Zealand innovation

     

How American Commercial Bail Developed Differently from Other Common Law Countries

Outside the United States those countries sharing the common law tradition are pervasively hostile to commercialization of the bail process, whereas in the United States it is the typical approach. In some jurisdictions payment for bail is a crime; in others it is simply obstructed by various civil legal disabilities. How the American branch of the common law heritage came to deviate so strikingly from the rest on the matter of commercial bail is the topic of this article.

Beginning in the second half of the nineteenth century, courts principally in Ireland, England, and India began to act against payment to bail sureties on the concept that any indemnification of them—even partial—undermined their reliability. Irish courts took the approach that indemnified potential sureties were unreliable and should be rejected by courts. Where all potential sureties were indemnified, bail should be denied. In England courts declared agreements to indemnify sureties illegal contracts contrary to public policy, which would not be enforced by courts. While India took up the refinement of this position, England went on to declare agreements to pay bail sureties to be criminal conspiracies.

Meanwhile in the United States a circumscribed version of the position that indemnification contracts were against public policy—and therefore illegal and unenforcible—actually gained acceptance between 1870 and 1912. In 1912, however, Justice Holmes in Leary v. U.S. renounced the common law concept of bail sureties in favor of an “impersonal and wholly pecuniary” view. This terminated the anti-indemnification movement. Courts soon noted the detrimental effects of commercialism on bail.     

The Rwandan diaspora in Canada and the United States: reconciliation and justice

Following the 1994 Rwandan genocide, many Rwandans fled and a modest diaspora was established throughout Canada and the United States. Diaspora are subject to many of the same concerns regarding justice and reconciliation as those who remain in Rwanda. This research focused primarily on how this diaspora attempted to achieve justice and reconciliation, if institutional mechanisms (gacaca) in Rwanda had a residual effect, and if they created any specific mechanism to facilitate justice and reconciliation among themselves. In-person and telephone interviews were conducted with eight members of the diaspora in the United States and Canada between May 2015 and March 2016.

Interviews suggested that justice among the diaspora is inherently connected with justice in Rwanda, and participants felt that justice has not been achieved in either location. Reconciliation among the diaspora, while tied to reconciliation in Rwanda, may be its own construct. Interviews demarcated ‘thin’ reconciliation and ‘thick’ reconciliation, suggesting that ‘thin’ reconciliation exists among the diaspora, but that ‘thick’ reconciliation is rare. Discussion of gacaca was limited, as participants stated it did not address justice and reconciliation in Rwanda. Participants did not report any diaspora specific mechanism regarding attempts at justice and reconciliation.     

Colonialism and the criminal justice system in Nigeria

This article examines the development and subsequent evolution of Nigeria's criminal justice system. The history of the Criminal justice system in Nigeria dates back to the colonization of the country in the late 1800's by Europeans, who introduced imprisonment based on their own correctional system.

Although interpretation of the causes of the development of the Criminal Justice system in Nigeria may differ, there can be no disputing the fact that the system is foreign‐made. Here was an invasion and revolution in social practice. The earlier events that led to the development of Nigeria's criminal justice system include: the British occupation of Nigeria, The Nigeria‐Europe confrontation and the Slave Trade. Although some British participants in the development of criminal justice in Nigeria had humanistic and religious inclinations, the system was formed to protect the Europeans from the natives they were exploiting and oppressing.     

Crime and Sex in South Australia

Policing Images: Policing, Communication, and Legitimacy. Rob C. Mawby. Portland, OR: Willan Publishing, 2002. ISBN 1–903240 71–9. Hardback US $55.00. 214 pages.

Armed Robbery. Roger Mathews. Portland, OR: Willan Publishing, 2002. ISBN 1–903240–61–1. 162 pages.     

Analysis and counter‐policies on elderly criminals in Korea

The second counter‐policy is an establishment of a proper network of legal systems, including the establishment of accurate statistical data and well‐structured criminal law and defense systems for the elderly — comparable to the currently operative systems established to process and to deal with crimes of teenage and female offenders.

Research on indigence, health, recreation, housing and other welfare areas of the elderly is common in Korea, but research on elderly criminals is rare. Projecting that their crime rates will rise, this preliminary research was conducted in order to understand their crime status and to establish proper counter‐policies.

This research focuses on the analysis of the present elderly population and changes of their status, in addition to criminal theories and criminal trends. Analysis on criminal statistics is done through classifying criminal offenses and special offenses according to the present governmental criminal classification methods of Korea. Criminal offenses are further separated into serious and estate‐related offenses.

The result of analysis on elderly criminals in Korea indicates that the most common crimes are assaults and related offenses, including battery and bodily injuries. Most assaults or related charges were, however, not decidedly serious. Among estate‐related offenses, misappropriation and property‐damage were the most common. Among special offenses, constructional violations have the highest rate. The majority of estate related offenses were less serious and produced less than W‐ 1,000,000 (approximately $1150 US dollars) in damages.

Destruction of traditional society is the major source of criminal activities. While younger generations demand less authoritarian and more interdependent relationships, the elderly insist upon adhering to their traditional ways of thinking. The elderly commit crimes out of the animosity and exasperation created from a perceived incompatibility with modern society. Their diminishing social and family hierarchies, along with carelessness and lack of recreation, lead the elderly into feeble or fatuous life styles, eventually leading to various offenses.

There is no simple solution to prevent the elderly from committing crimes since complex social and/or personality problems cause these deviant behaviors. The government needs to understand the overall problems and establish necessary counter‐policies with regard to the elderly. Even if their present crime rates seem insignificant now, the numbers are growing rapidly.

Conclusively, the first counter‐policy is to eliminate the source of the problems. Some specific policies that can be adopted to eliminate these sources include the expansion of employment and related educational opportunities to improve their economic conditions; realignment of medical benefit systems; broader access to effective recreational activities through volunteer and other civic programs; and social adjustment programs that can guide the elderly to better adjust to the evolving social changes.