Is there a Need for a European Criminology?

Readers were invited in Issue 4, 2000 to give their comments on the subject of European criminology. The Editors also invited some scholars on a personal title. The comments, ranging from 1,200 to 2,000 words are presented in alphabetical order. The comments are written by: Rosemary Barberet, Josine Junger-Tas, Martin Killias, H.-J. Schneider, Alenka élih, Henrik Tham, Bas van Stokkom and Lode Walgrave. Together they offer a view on the ideas and different views on European criminology.     

Is a domain name property?

Legal context. Domain names have become increasingly valuableassets, in some respects more valuable than trade marks. A domainname may identify not only the source of the goods, services,business or information, but also the virtual location of thesource, much as an address or telephone number does. However,there is still a significant unresolved issue as to whethera domain name is a form of intangible property or merely a contractualright. Resolution of this issue is important for commercialtransactions affecting domain names and for legal proceedingsand remedies relating to them. Key points. Domain names have been analogized by courts to addresses,patents, trade marks, and even by one writer to cattle. However,in this author's view, the best way to characterize the legalstatus of a domain name is by analogy to a telephone number.Although United States appellate authority suggests that a domainname is a form of intangible intellectual property, it is submittedthat the better, but not judicially clear or consistent, viewis that a domain name is not property. This position reflectsthe practice in Canada where, in registering a .ca domain name,the registrant agrees, as a contractual condition of registration,that it acquires no property right in the domain name. Practical significance. The authorities in this area are stillnot clear. Until this issue is resolved, whether globally oron a country-by-country basis, the prevailing uncertainty willinhibit commercial transactions involving domains, such as theirtransfer and their value for the purposes of securitisation.     

China, a Punitive Society?

The allegation that punishment is a core element of culture does not seem to explain the rapid changes in attitudes towards the death penalty seen in most modern societies during the last few decades. Attitudes of harshness and death in punishment are much more easily changed than proponents of the “cultural” explanation think. The misunderstandings about China (often held by Chinese themselves) are that a long tradition of harsh punishment has made such values into an unavoidable cultural norm. China, however, is not exceptional in harbouring penal populist norms as such, and Chinese history was much more lenient and merciful than assumed in these simplified arguments about “Chinese cultural harshness”. Even if China today is exceptional in the uses of harsh punishments and executes more people than the rest of the world combined, there is no need to see this fact in terms of Chinese culture. China can use its own traditions to end this situation effectively in a fairly short period of time if there is the political will to do so. Given such political will, public opinion will follow suit.     

Lak?a?�� as Inference

This paper questions a few assumptions of Ga?ge?a Up??dhy??ya??s theory of ordinary verbal cognition (laukika-???bdabodha). The meaning relation (v?tti) is of two kinds: ?akti (which gives us the primary referent of a word) and lak?a??? (which yields the secondary referent). For Ga?ge?a, the ground (b??ja) of lak?a??? is a sort of inexplicability (anupapatti) pertaining to the composition (anvaya) of word-meanings. In this connection, one notices that the case of lak?a??? is quite similar to that of one variety of postulation, namely, ?rut??rt??th??patti, where the subject hears only a part of a sentence and immediately grasps the words that are needed to render the sentential meaning complete. Unless he does that, sentential meaning, i.e., the composition (anvaya) of word-meanings shall suffer from the same inexplicability that characterizes instances of lak?a???. In fact, in the ???aktiv??da?? section of Tattvacint??ma?i, Ga?ge?a himself draws a parallel between the cognition of sentential meaning in a ?rut??rth??patti-like case and the cognition of sentential meaning in an instance of lak?a???. However, Ga?gesa himself treats ?rut??rth??patti as a piece of inferential cognition. If there is no fundamental difference between cases of ?rut??rth??patti and cases of lak?a???, then the cognition of sentential meaning in instances of lak?a??? must also be inferential in essence. In that case, we must admit, against Ga?ge?a??s view, that such cognition of sentential meaning cannot be accommodated within the framework of verbal cognition (???bdabodha). Therefore, I conclude that some revision is needed in Ga?ge?a??s theory of verbal cognition with respect to lak?a???.     

Is it a modacrylic fibre?

This study describes the characteristics of modacrylic fibres and includes over 80 samples (previous and current) representing 15 trade names. Fibre morphology was examined using brightfield microscopy. Signs of elongation were determined using polarised light microscopy. Fibre cross sections were also examined. The generic class of fibre was divided into sub groups using polymer composition as determined by FTIR-microscopy. Microscopically, some modacrylic fibres cannot be distinguished from acrylic fibres. Others display unusual optical and morphological features which are a strong indication of their generic class. The infrared spectra provide information about the co-monomer, termonomers added to produced dye sites, the presence of solvent residue, dyes, and additives, e.g. flame retardant material. The infrared spectra should always be recorded before and after any thin layer chromatographic examination of the dye, otherwise peaks attributable to dyes, which may be a valuable comparative feature in casework will be lost.     

Physical restraint in a therapeutic setting; a necessary evil?

Physical restraint of people experiencing mental health problems is a coercive and traumatic procedure which is only legally permitted if it is proportionate to the risk presented. This study sought to examine the decision-making processes used by mental health staff involved in a series of restraint episodes in an acute care setting. Thirty nurses were interviewed either individually or in focus groups to elicit their views on restraint and experience in specific incidents. Four factors which influenced the decision to restrain were identified: contextual demands; lack of alternatives; the escalatory effects of restraint itself; and perceptions of risk. While some of these factors are amenable to change through improvements in practice, training and organisational culture, nurses viewed restraint as a necessary evil, justified on the basis of the unpredictable nature of mental illness and the environment in which they worked.     

Can You Build a Better Cop?

Research Summary

By drawing from psychology and economics, we present an experimental evaluation of a procedural justice training program designed to “slow down” police officers’ thought processes during citizen encounters. We find that officers who were randomly assigned to participate in training were as engaged in the community as similarly situated officers, but they were less likely to resolve incidents with an arrest or to be involved in incidents where force was used. These changes were most evident among officers who worked in areas with a modest level of risk.

Policy Implications

Police officers who are actively engaged with the public can reduce crime through general deterrence and by arresting criminals. Nevertheless, excessive discretionary arrests and the use of force by officers can reduce public trust in the police. To date, there is scant evidence as to how police departments can successfully train officers to balance enforcement and public trust in the field. Through our study, we demonstrate that a relatively minor supervisory intervention may cause substantive changes in how police and citizens interact with each other.     

Is Penalty Enhancement a Sound Idea?

Law and Philosophy -