Privacy,stigma and public protection: A socio-legal analysis of criminality information practices in the UK

Criminality information practices involve public authorities in the UK (and elsewhere) gathering, retaining and sharing information that connects with an identifiable individual; all with the ostensible aim of upholding and improving standards of public protection. This piece first charts the landscape of contemporary criminality information practices in the UK today. The article then examines recent legal emphases and policy directions for public protection networks. Consideration is then given in the piece to privacy rights and values and the difficulties in providing an exact typology and grounding for these. The piece then outlines a suggested framework for correct legal regulation, as well as a through commentary on the work done by Catherine Bellamy et al. to empirically determine the extent to which public protection information sharing can in fact occur in correct adherence to legal regulation. A socio-legal analysis is undertaken of the nature of public protection networks as variants on Goffman's performance teams within a dramaturgical routine that foregrounds stigmatisation of perceived ‘risky’ individuals as an aspect of that routine. This piece also explores the processes of institutional isomorphism as a reaction to shifting policy directions and legal doctrines, acting as a driving force towards a hierarchical performance of criminality information practices by public protection networks. Three conclusions are offered up for consideration: firstly, that the growing complexity of the law and regulation relating to criminality information practices might improve privacy values in the criminal justice system and help to add precision to necessary processes of stigmatisation in relation to the aim of public protection. Secondly, that these shifts in the law still need ongoing revisions, in order that a hierarchical approach to criminality information practices can be arrived at over time. Thirdly, that if the permanency of potential stigmatisation through the indefinite retention of criminality information cannot change, due to the competing pressure on the criminal justice system from public protection duties, then consultation with ‘risky’ individuals where practicable, before criminality information connected to them is shared across public protection networks becomes essential as a privacy-enhancing value and practice.     

精神分裂症患者的智力状况和刑事责任能力的关系

目的探讨在进行法医精神病学鉴定中精神分裂症患者的智力状况及刑事责任能力的关系。方法采用韦氏成人智力量表中国版(WAIS-RC)对138例精神分裂症患者进行测试,并与其相应的刑事责任能力进行Pearson相关分析。结果精神分裂症患者的全量表智商为±s=74.59±14.716;言语智商为±s=80.89±14.077;操作智商为±s=70.27±15.427。经统计分析发现:言语智商和操作智商(F=26.786,P=0.000)有显著性差异;各项智力结果与刑事责任能力相关性均不存在统计学意义(P>0.05)。结论精神分裂症患者平均智力水平在正常范围之下,边缘状态与轻度损害之间,但在法医精神病学鉴定中,其刑事责任能力与智力状况不存在相关性。     

Psychopathic traits in Finnish homicide offenders with schizophrenia

There is a paucity of studies examining psychopathy in comparable samples of violent individuals with and without psychotic illness. The main goal of the study was to assess the prevalence and nature of psychopathic traits as measured by PCL-R among Finnish homicide offenders with schizophrenia. Further, the impact of co-morbid psychopathy on the homicidal incidents, as well as the associations of psychopathy and offender background factors, among offenders with schizophrenia was investigated.A retrospective study was performed using extensive forensic psychiatric evaluation reports and crime reports as sources of information. The sample consisted of 72 homicide offenders with schizophrenia and 72 controls without psychotic illness.Psychopathic features were prevalent among Finnish homicide offenders with schizophrenia, although for the most parts to a lesser extent compared to other homicide offenders. Like non-mentally ill psychopathic offenders, offenders with schizophrenia and many psychopathic traits are likely to present early starting problems in many areas of life and they also commit homicides that resemble other psychopathic offenders' in their choice of victims, intoxication and post-offense behavior.The observed prevalence of psychopathic traits highlights the importance of psychopathy assessment among violence-prone individuals with schizophrenia. In most respects, offenders with schizophrenia and high levels of psychopathic traits seem to be similar to psychopathic offenders without psychotic illness, which has implications for early intervention and management.     

精神分裂症患者的犯罪学特征与刑事责任能力的关系

目的探讨精神分裂症患者的犯罪学特征与刑事责任能力的关系。方法采用自行编制的司法精神病学鉴定案例登记量表,对133例精神分裂症涉嫌犯罪者的资料进行收集、整理、归纳。然后对其犯罪学特征与责任能力的关系做相关分析。结果精神分裂症患者涉嫌犯罪案件类型中,以暴力案件为主,依次为凶杀68例(51.1%)、伤害38例(28.6%)、纵火9例(6.8%)、抢劫4例(3.0%)、性犯罪3例(2.3%)。不同责任能力与犯罪相关因素的统计分析发现:诱发事件(χ2=91.779,P=0.000)、双方关系(χ2=76.449,P=0.000)、作案动机(χ2=11.9,P=0.001)、作案前准备(χ2=110.623,P=0.000)、自称遗忘(χ2=34.274,P=0.000)、作案后反应(χ2=110.923,P=0.000)、案件类型(χ2=38.638,P=0.000)有显著性差异。结论无责任能力的分裂症患者作案具有动机不明、无预谋、不分对象、不分场合、突发性、盲目性、残忍性等特点。无责任能力组和部分责任能力组的犯罪学因素中诱发事件、双方关系、作案动机、作案前准备、自称遗忘、作案后反应、案件类型有显著性差异,可作为责任能力评定的参考因素。     

Mental disorder and criminality in Canada

This article examines the relationship between mental disorder and criminality in Canada from the colonial period to the landmark 1992 Mental Disorder Amendments that followed the passing of Bill C-30. The history of this relationship has been shaped by longstanding formal and informal systems of social regulation, by the contests of federal–provincial jurisdiction, by changing trends in the legal and psychiatric professions, and by amendments to the federal Criminal Code. A study of these longer-term features demonstrates that there has been no linear path of progress in Canada's response to mentally unwell offenders. Those caught in the web of crime and mental disorder have been cast and recast over the past 150 years by the changing dynamics of criminal law, psychiatry, and politics. A long historical perspective suggests how earlier and more contemporary struggles over mental disorder and criminality are connected, how these struggles are bound by historical circumstance, and how a few relatively progressive historical moments emerging from these struggles might be recovered, and theorized to advantage.     

The Prevalence of Domestic Violence Among Pregnant Women Who Were Attended in Iran University of Medical Science Hospitals

The prevalence of domestic violence (DV) during pregnancy could be high and is associated with significant psychological and physical impairment for mother and the fetus. The major objective of this study was to determine the prevalence of DV in expectant mothers who have attended the Iran University of Medical Sciences’ Hospitals (IUMS). In this cross-sectional study, 1,800 subjects were interviewed using a modified questionnaire to determine the prevalence of DV. Consecutive sampling was performed in six major hospitals of IUMS according to the number of referred patients. The prevalence of DV was found to be 60.6% including three types of physical, psychological, and sexual violence with the prevalence of 14.6, 60.5 and 23.5%, respectively. Severe physical DV was 5.3%. Severe psychological and sexual DV were also found in about 24.6 and 3.4% of cases, respectively. DV had a high prevalence in this study. It is recommended that all accessible pregnant women be screened for DV. Study of the prevalence of DV within the community with a larger sample size, and using cluster-sampling methodology would be of immense value.     

医药“回扣”、“红包”的罪与非罪之辨

借医疗活动收受＂回扣＂和＂红包＂行为的法律性质一直存有争议。本文结合案例分析,从商业贿赂罪的立法历程视角对医药＂红包＂＂回扣＂的罪与非罪进行了阐述,同时针对回扣的不同形式进行了法理区分。     

The criminality of women and girls in India

Sharing a legal status equal to that of males, females in India are by no means socially and economically equal, nor do they exhibit official and self‐reported crime rates any where near those of men and boys. As commonly found around the world, a distinct gender‐gap in arrests exists in India with overall male:female ratios of around 20:1. While commonly found in other third world countries, this ratio is about four times greater than occurs between males and females in economically developed countries. Self‐report data narrows this gender‐gap considerably. But, the remarkable thing about the criminality of women and girls in India is that their is so little of it. Due to the lack of basic data, explaining female crime in India remains a task yet to be undertaken. However, there is reason to believe that theoretical concepts of etiology developed in Western criminology may apply to India also. As such, the relatively minuscule offense rates for Indian females may reflect how their suppressed social position, in effect, inhibits their ability to initiate or engage in criminal conduct as such. Suggestions for future research on virtually all dimensions of female crime and justice are made.     

Celebrity worship,addiction and criminality

Abstract

Two studies assessed the relationship between celebrity worship and (i) addiction (n=1359) and (ii) criminality (n=2158). Overall Celebrity Attitude Scale (CAS) scores correlated positively with Eysenck Personality Questionnaire – Revised (EPQ-R) Addiction and Criminality sub-scale scores. In further support of the absorption–addiction model of celebrity worship (McCutcheon, Lange, & Houran, 2002, Conceptualization and measurement of celebrity worship. British Journal of Psychology, 93, 67–87.), addiction correlated positively with one component of celebrity worship, and criminality correlated positively with all four components produced by the current work. Different types of celebrity worship were associated with preferences for celebrities from particular domains. For instance, those scoring highly on the “Deleterious Imitation” component favoured music celebrities, as opposed to political figures. It was concluded that pathological celebrity worshippers are seeking a personal identity and are drawn to particular celebrities. Imitating these celebrities can have negative consequences for the worshipper.     

Exposure to Intimate Partner Violence Amongst Women of Reproductive Age in Lagos,Nigeria: Prevalence and Predictors

Research on predictors of Intimate Partner Violence (IPV) in Sub-Saharan Africa is contradictory, necessitating further investigation. This study sought the prevalence and predictors of IPV among women in Lagos, Nigeria. Questionnaire data from 934 women visiting an obstetrics and gynecology clinic in Lagos were analyzed using multivariable methods. The 1 year prevalence of IPV was 29%, with significant proportions reporting psychological (23%), physical (9%) and sexual (8%) abuse. In-access to information, women’s autonomy and contribution to household expenses independently predicted IPV. The findings provide new incites for IPV prevention in Lagos with implications for further research.     

Does Intimate Partner Violence Epidemiology Differ Between Homes With and Without Children? A Population-Based Study of Annual Prevalence and Associated Risk Factors

We sought to determine whether intimate partner violence (IPV) risk factors differed depending upon the presence of children in the home, and to estimate the annual prevalence of IPV first in the general population and then in homes with and without children. We analyzed data from a cross-sectional random sample of 6,836 women in southeastern Pennsylvania interviewed by telephone in 2004. The magnitude of association between IPV and risk factors varied between homes with and without children for women’s alcohol problems (with children, odds ratio (OR) 7.7; 95% confidence interval (CI) 2.9, 20.9; without children, OR 2.4; 95% CI 0.9, 6.0), and mental health problems (with children, OR 4.0; 95% CI 1.8, 8.9; without children, OR 3.0; 95% CI 1.6, 5.7). Poverty was significantly associated with IPV only in homes without children (OR 3.6; 95% CI 1.9, 7.2). Annual IPV prevalence was 1.2% overall, 1.4% in homes with children, and 1.1% in homes without children. One in 63 children lived in a home with IPV. Differences in IPV risk factors in homes with and without children suggest distinct underlying IPV mechanisms or consequences in these contexts.     

Personality and criminality a summary and implications of the literature

Recent studies purporting to correlate criminality and personality are reviewed to update the earlier works of Schuessler and Cressey, and Waldo and Dinitz. It was found that fifty-two different tests were used in the recent literature compared with the twenty-nine different tests found both in the Schuessler-Cressey and Waldo-Dinitz works. It was also found that more recent tests are no better at differentiating between the criminal and noncriminal than the older tests were, although the majority of the current tests find more differences within the groups.     

Exporting and importing criminality: Incarceration of the Foreign Born

Since previous studies have found that crime rates vary by immigrant group there is a need to dis‐aggregate immigrants by country of birth in order to obtain a more accurate representation of the relationship between migrants and crime. This study examines data from six countries (Australia, Canada, France, Italy, the Netherlands, and the U.S.A.) on the country of birth of their inmate populations. The following observations are reasonable conclusions from the data available. First, the percentages of each home country's inmate population that is foreign‐born varies remarkably. Second, in general foreign‐born inmates tend to come from regions outside the region within which the host country was located, though in most cases from regions that were proximate. Third, given the small number of countries reporting, it is intriguing that just a small number of countries and regions can account for such a high proportion of a home country's inmate population if one includes the numbers of a country's citizens who are housed in foreign prisons as part of that original country's inmate population. The paper concludes with a discussion of a number of policy implications that flow from these findings.     

Consequences of legal risk communication for sanction perception updating and white-collar criminality

Objectives

Scholars have long emphasized that communicating, or “advertising”, information about legal sanction risk is necessary for the success of deterrence-based crime policies. However, scant research has evaluated whether direct communications about legal risk can cause sanction perception updating, the updating of ambiguity in sanction perceptions, or changes in persons’ willingness to offend. No prior studies have evaluated sanction perception updating for white-collar crimes.

Methods

To address this research void, the current study analyzes data from an experiment embedded in a recent national survey (N?=?878). Multivariate regression models estimate the effect of providing participants with information about the “objective” arrest risk for white-collar offenses on their sanction perceptions.

Results

The findings provide the first evidence that such information, when it is inconsistent with individuals’ prior beliefs, causes them to update: (1) their perceptions of the certainty of arrest; (2) their ambiguity about arrest risk; and, indirectly, (3) their willingness to commit white-collar crimes.

Conclusions

The results imply that individuals are willing to incorporate relevant information into their subjective beliefs about sanction risks. Importantly, however, they also make meaningful distinctions about the value of new information for understanding criminal risks.

     

Effect of incarceration on criminality in the state of Minas Gerais,Brazil

Crime, Law and Social Change - Criminality is a major factor in reducing the well-being of the Brazilian population. As a result, many researchers and governments strive to discover what can reduce...