Skepticism and Sanction: The Benefits of Rejecting Moral Responsibility

It is sometimes objected that we cannot adopt skepticism about moral responsibility, because the criminal justice system plays an indispensable social function. In this paper, I examine the implications of moral responsibility skepticism for the punishment of those convicted of crime, with special attention to recent arguments by Saul Smilansky. Smilansky claims that the skeptic is committed to fully compensating the incarcerated for their detention, and that this compensation would both be too costly to be practical and would remove the deterrent function from incarceration. I argue that the skeptic is not committed to full compensation of the offender, and that the costs of such compensation would in any case be far smaller than Smilansky thinks. In fact, I claim, the costs of the criminal justice system to which the skeptic is committed might be very much lower than the costs ?C economic, social and moral ?C we currently pay as a consequence of our system of punishment.     

The Impact of Pro-Government Militias on Human Rights Violations

New data show that between 1982 and 2007, in over 60 countries governments were linked to and cooperated with informal armed groups within their own borders. Given the prevalence of these linkages, we ask how such links between governments and informal armed groups influence the risk of repression. We draw on principal-agent arguments to explore how issues of monitoring and control help understanding of the impact of militias on human rights violations. We argue that such informal agents increase accountability problems for the governments, which is likely to worsen human rights conditions for two reasons. First, it is more difficult for governments to control and to train these militias, and they may have private interests in the use of violence. Second, informal armed groups allow governments to shift responsibility and use repression for strategic benefits while evading accountability. Using a global dataset from 1982 to 2007, we show that pro-government militias increase the risk of repression and that the presence of militias also affects the type of violations that we observe.     

Quality of criminal responsibility reports submitted to the Hawaii judiciary

This paper is the third in a series of research reports on quality of forensic mental health evaluations submitted to the Hawaii judiciary. Previous studies examined quality of reports assessing competency to stand trial (CST) and post-acquittal conditional release, in felony defendants undergoing court-ordered examinations. Utilizing a 44-item quality coding instrument, this study examined quality of criminal responsibility reports in a sample of 150 forensic mental health evaluations conducted between 2006 and 2010 by court-appointed panels. Raters attained high levels of agreement in training and quality coding. Similar to the previous studies, overall quality of reports was mediocre, falling below the .80 quality criterion score for report elements, regardless of evaluator professional identification or employment status. Level of agreement between evaluators and judicial sanity determinations was “fair” using Cicchetti's (1994) standards for interpretation of intra-class correlations. Level of agreement was lower than previously published findings for CST reports and better than conditional release reports. Reasons for mediocre report quality and “fair” inter-rater agreement are discussed, including the fact that criminal responsibility evaluations are complex, retrospective in nature, and involve significant degrees of inference. In contrast to CST evaluations, assessment of criminal responsibility involves a mental state at the time of the offense evaluation. Threats to reliability in forensic reports are discussed. Suggestions for improvement of report quality are proffered, including standardization of procedures and report format and use of forensic assessment instruments.     

“Us” and “Them”: Ulster Loyalist Perspectives on the IRA and Irish Republicanism

This article draws on data from one-to-one interviews with members and former members of the Ulster Volunteer Force, Ulster Defence Association, Red Hand Commando, Ulster Political Research Group, and the Progressive Unionist Party to explore the dynamic and fluid perceptions of the Irish Republican Army (IRA) and Sinn Féin among Ulster loyalists. The article will explore how attitudes and perceptions are influenced by the shifting political landscape in Northern Ireland as Ulster loyalists come to terms with the new realities created by the peace process, security normalization, decommissioning, and the rise in the threat of dissident republican violence. The article will also demonstrate that these perceptions are not purely antagonistic and based on the creation of negative, stereotypical “enemy images” fuelled by decades of conflict, but pragmatic, bound to societal and local events, and influenced by intragroup attitudes and divisions, in addition to the expected conflictual ingroup vs. outgroup relationships. Finally, the article will explore how loyalists employ republicanism and the transformation of the Provisional IRA in particular, as a mirror or benchmark to reflect on their own progress since 1994.     

Actions Speak Louder than Words: A Behavioral Analysis of 183 Individuals Convicted for Terrorist Offenses in the United States from 1995 to 2012

Involvement in terrorism has traditionally been discussed in relatively simplistic ways with little effort spent on developing a deeper understanding of what involvement actually entails, and how it differs from person to person. In this paper, we present the results of a three‐year project focused on 183 individuals associated with the global jihadist movement who were convicted in the United States, for terrorist offenses, between 1995 and 2012. These data were developed by a large‐scale, open‐source data collection activity that involved a coding dictionary of more than 120 variables. We identify and explore the diversity of behaviors that constitute involvement in terrorism. We also compare lone actors and those who acted as part of a group, finding that lone actors differed from group‐based actors in key demographic attributes and were more likely to be involved in attack execution behaviors. Implications for counterterrorism are then discussed.     

Constitutional Pluralism Revisited

This essay revisits the theory of constitutional pluralism. This theory was first developed in the EU context as a way of understanding and defending the absence of a broadly agreed source of final authority in the relationship between national and supranational (EU) legal systems and their respective appellate courts in the context of the significant increase in supranational jurisdiction around the time of the Maastricht Treaty 25 years ago. The essay argues that the theory of constitutional pluralism remains relevant today, in particular offering better explanatory and justificatory accounts of the EU than any of the singularist (or monist), holist or federalist alternatives. Its continuing relevance, however, depends on a more explicit focus on the political underpinnings of the legal and judicial dimensions of constitutional pluralism than has typically been the case in the literature, and on more detailed consideration of the preconditions, forms and limits of constitutional initiative in the contemporary phase of unprecedented challenge to the legitimacy of the EU.     

Doing Politics: Journey to the Centre of the (Academic) Universe: 20 Steps on Getting Published in Journals

As postgraduate students, researchers or junior lecturers, we all aspire to climb the highest peaks of academic life, to bask in our reflected glory and to have the (small disciplinary) world at our feet. Yet how do we assail those peaks? More often than not, they seem like sheer cliff faces or mountain ranges where the noviciate assemble at the bottom and gaze skywards in disbelief. When we look around at academics who have successfully scaled those heights, it is obvious that an effective publication record is essential, where refereed journal articles are particularly prized. Yet the numbers who gather to attempt their own ascent ask the question – is there any straightforward publication route the beginner can follow? Surely we cannot all be left to cut our own path without really knowing where, how, or even whether we should be travelling at all? This article argues that writing academic journal articles has been mystified. For many wanting to get started, it seems like the final destination is a secret place, somewhere that you might stumble across but one where the locals jealously guard the short-cuts. Here we aim to de-mystify journal article writing and provide 20 steps for the prospective writer. These 20 steps, however, provide more a series of useful directions than a definitive map of the terrain. As beginning academics themselves, the authors are, at best, merely amateur cartographers.