Correctional outcomes of offenders with mental disorders

While there is now a considerable literature on the extent of mental disorder (MD) within correctional settings, there is much less research on the correctional outcomes of offenders with a mental disorder (OMDs). This study contributes to that knowledge base by comparing the profiles and institutional and community outcomes of federally-sentenced Canadian offenders with, and without, a MD and examines the correctional response to their management. Results showed that OMDs had higher risk and need ratings and were more likely to be serving their current sentence for a violent offense. Outcomes for OMDs were poorer as reflected by higher rates of institutional charges and transfers to segregation, and higher rates of recidivism on release. This difference holds for the recidivism analysis, even when variables related to risk are controlled. The results demonstrate the complex needs of OMDs and points to the requirement for correctional agencies to provide specialized interventions that address both their mental health and criminogenic needs. Future research is required to examine whether type of diagnosis, particularly the degree of antisocial orientation, contribute to these poorer outcomes.     

The Right to be Presumed Innocent

The presumption of innocence has often been understood as a doctrine that can be explained primarily by instrumental concerns relating to accurate fact-finding in the criminal trial and that has few if any implications outside the trial itself. In this paper, I argue, in contrast, that in a liberal legal order everyone has a right to be presumed innocent simply in virtue of being a person. Every person has a right not to be subjected to criminal punishment unless and until he or she has done something that is criminally wrong. Since disagreements about allegations of criminal wrongdoing are inevitable, the liberal legal order requires a process for determining whether wrongdoing has occurred. In order to preserve the right not to be punished without wrongdoing, the accused person must be presumed innocent throughout this process. The presumption of innocence is therefore as much a basic human right as, for example, the right to bodily integrity or the right to freedom of expression. Specifications of and limitations on the right should therefore be justified not primarily in terms of their instrumental effectiveness in fact-finding or crime control but in terms of the role of the criminal process in a liberal legal order. I consider some implications of this view of the presumption of innocence for the pre-trial process and for substantive criminal law. I argue that the presumption of innocence, understood as a basic human right, should condition the entire pre-trial process; it has, however, minimal implications for the definition of offences.     

Drugs,law, people,place and the state: ongoing regulation,resistance and change

We introduce this special issue firstly by tracing drugs from their traditional, cultural and religious uses through to their roles as commodities in colonial relations and now the global economy. We secondly explore the shifting nature of drugs and drug use in different places and times as shaped by politics, especially state regulation and the law. Thirdly, given the complexity as well as contingency of drugs, we survey a wide range of relevant theoretical approaches, but suggest that a critical analysis attend to their spatial framing and geography. Fourthly, and finally, we summarize the eight papers comprising this collection.     

Reinforcing or Challenging Stigma? The Risks and Benefits of ‘Dignity Talk’ in Sex Work Discourse

The concept of ‘human dignity’ sits at the heart of international human rights law and a growing number of national constitutions and yet its meaning is heavily contested and contingent. I aim to supplement the theoretical literature on dignity by providing an empirical study of how the concept is used in the specific context of legal discourse on sex work. I will analyse jurisprudence in which commercial sex was declared as incompatible with human dignity, focussing on the South African Constitutional Court case of S v Jordan and the Indian Supreme Court case of Budhadev Karmaskar v State of West Bengal. I will consider how these courts conceptualise dignity and argue that their conclusions on the undignified nature of sex work are predicated on particular sexual norms that privilege emotional and relational intimacy. In light of the stigma faced by sex workers I will explore how a discourse, proclaiming sex work as beneath human dignity, may impact on the way that sex workers are perceived and represented culturally, arguing that it reinforces stigma. I will go on to examine how sex workers subvert the notion that commercial sex is undignified, and resist stigma, by campaigning for the right to sell sex with dignity. I will demonstrate that an alternative legal approach to dignity and sex work is possible, where the two are not considered as inherently incompatible, concluding with thoughts on the risks and benefits of using ‘dignity talk’ in activism and campaigns for sex work law reform.     

A method for calculating the strength of evidence associated with an earwitness's claimed recognition of a familiar speaker

The present paper proposes and demonstrates a method for assessing strength of evidence when an earwitness claims to recognize the voice of a speaker who is familiar to them. The method calculates a Bayes factor that answers the question: What is the probability that the earwitness would claim to recognize the offender as the suspect if the offender was the suspect versus what is the probability that the earwitness would claim to recognize the offender as the suspect if the offender was not the suspect but some other speaker from the relevant population? By “claim” we mean a claim made by a cooperative earwitness not a claim made by an earwitness who is intentionally deceptive. Relevant data are derived from naïve listeners' responses to recordings of familiar speakers presented in a speaker lineup. The method is demonstrated under recording conditions that broadly reflect those of a real case.     

Rapid screening for the detection and differentiation of γ-hydroxybutyrate using ion chromatography

The analysis of gamma-hydroxybutyric acid (GHB) is problematic because it is hygroscopic, it lacks a good UV chromophore, and it undergoes heat-induced cyclization. This paper presents a new method utilizing ion-exchange chromatography (IC) with conductivity detection. The simple sample preparation, rapid analysis time, and inorganic anion detection capabilities are all advantages over the current methods. The detection of inorganic salts (formed during GHB synthesis) gives insight into the synthetic route utilized and can aid in drug seizure comparison. The developed method has a detection limit for GHB anions of 0.57 mg/L and chloride of 0.22 mg/L. A comparison of this technique with a current gas chromatography-mass spectrometry technique is presented, and a t-test found that the two methods' results are not statistically different at the 99.9% confidence level demonstrating the merits of this fast, simple, and informative IC method as a routine screening tool.     

Methyl 3-[3',4'-(methylenedioxy)phenyl]-2-methyl glycidate: an ecstasy precursor seized in Sydney, Australia

Five 44 gallon drums labeled as glycidyl methacrylate were seized by the Australian Customs Service and the Australian Federal Police at Port Botany, Sydney, Australia, in December 2004. Each drum contained a white, semisolid substance that was initially suspected to be 3,4-methylenedioxymethylamphetamine (MDMA). Gas chromatography-mass spectroscopy (GC/MS) analysis demonstrated that the material was neither glycidyl methacrylate nor MDMA. Because intelligence sources employed by federal agents indicated that this material was in some way connected to MDMA production, suspicion fell on the various MDMA precursor chemicals. Using a number of techniques including proton nuclear magnetic resonance spectroscopy ((1)H NMR), carbon nuclear magnetic resonance spectroscopy ((13)C NMR), GC/MS, infrared spectroscopy, and total synthesis, the unknown substance was eventually identified as methyl 3-[3',4'(methylenedioxy)phenyl]-2-methyl glycidate. The substance was also subjected to a published hydrolysis and decarboxylation procedure and gave a high yield of the MDMA precursor chemical, 3,4-methylenedioxyphenyl-2-propanone, thereby establishing this material as a "precursor to a precursor."     

Interracial contact and fear of crime

Despite a large literature on public views about crime, the racialization of crime, and the contact hypothesis, surprisingly little is known about how interracial friendships may influence Whites’ fear of crime. At the same time, and perhaps because no counterpart stereotype to that of “Blacks as criminals” exists, there has been little exploration of how such contact may influence Blacks’ fear of crime. To address these research gaps, this study built on prior theory and research and used data from an ABC News and Washington Post poll to test competing hypotheses about the effect of interracial contact on Whites’ and Blacks’ fear of crime, respectively. The analyses revealed that close interracial friendships are associated with increased fear of crime among Whites, decreased fear of crime among lower-income Blacks, and increased fear among higher-income Blacks. The implications for theory and research are discussed.     

The Limits of the Harm Principle

The harm principle, understood as the normative requirement that conduct should be criminalized only if it is harmful, has difficulty in dealing with those core cases of criminal wrongdoing that can occur without causing any direct harm. Advocates of the harm principle typically find it implausible to hold that these core cases should not be crimes and so usually seek out some indirect harm that can justify criminalizing the seemingly harmless conduct. But this strategy justifies criminalization of a wide range of conduct on the basis of the fear, worry, and anxiety it generates among those who are not the direct victims of the conduct, and thereby undermines the limiting role of the harm principle by permitting the very move it was meant to prevent: the criminalization of harmless conduct on the ground of others’ feelings about it. The best way to avoid this dilemma is to recognize that people have rights, operating independently of the harm principle, to be treated in certain ways just because they are persons. The existence of such rights provides a ground for both criminalizing conduct and limiting the scope of criminalization because these rights point both to conduct that people must be permitted to engage in (regardless of its harmful effects) and conduct that might well be criminalized (though it is not harmful). A complete account of criminal law will therefore require the harm principle to work together with an independent account of rights.