Pressing for Sentence? An Examination of the New Zealand Crown Prosecutor’s Role in Sentencing

Prosecutors are among the most powerful actors in any criminal justice system. Their exercise of discretion, however, has not been subjected to the same level of public and empirical scrutiny as other parts of the criminal justice system. To deepen understanding, I empirically explore for the first time the form, function and limits of the New Zealand Crown Prosecutor’s role at the sentencing stage of the criminal justice process. Semi-structured interviews of a non-representative sample of ten Crown Prosecutors are analysed using Hawkins’ framework of “surround”, “field” and “frame”. Findings suggest that whilst New Zealand’s regime shares history, principles, and structural features with English and Australian regimes, it goes further to permit Crown Prosecutors a more assertive role in sentencing. In the ‘surround’, populist and managerial pressures create frustration, strain, and concern. Changes to funding models suggest the potential for unjust sentencing outcomes has increased. The “surround” also intrudes upon and transforms decision-making “frames”. The opinions and presence of stakeholders influences decisions and practices at office and individual levels. Justice may be reactive, forward-looking, or negotiated depending on the particular mix of individuals involved – something accentuated by the regime’s privatised and decentralised form. Findings also suggest that Crown Prosecutors “frame” their role in occupational terms. The lack of interest of universities, professional bodies, and law and policy-makers in offering or requiring prosecutorial training before entry to the role is influential. This renders decision-making more susceptible to pressures in the “surround” and “field”, and increases variation in decision-making “frames”.     

An Examination of the Influence of Strength of Evidence Variables in the Prosecution’s Decision to Dismiss Driving While Intoxicated Cases

The majority of research examining prosecutorial discretion has focused on legal factors such as the seriousness of the offense or the extra-legal characteristics of the accused including race/ethnicity and gender. The amount of variance explained by court researchers, however, remains quite low. The present study extends previous research examining the primary determinants of prosecutor??s decision to dismiss or fully prosecute focusing on driving while intoxicated cases. We focus on the predictive contribution of the strength of evidence relative to legal and extra-legal variables. The data consist of 2,358 driving while intoxicated cases filed in Harris County, Texas during the first 8?months of 1999. The findings strongly support the inclusion of strength of evidence variables in court research and further suggest their past omission may have attributed significance to spurious relationships.     

Islamo-Arabic Culture and Women’s Law: An Introduction to the Sociology of Women’s Law in Islam

The present paper addresses the mutual relationship between society and law in shaping women’s law in Islam from the perspective of the sociology of law. It analyzes the role of pre-Islamic social, political, and economic structures in the Arabian Peninsula in modeling women’s law and highlights some customary laws which were rejected or revived and integrated in Islamic jurisprudence. In this regard, the paper reviews issues such as polygyny, rights to inheritance, marriage, the process of testimony and acceptable forms of evidence in legal matters, diyya (blood money), the exclusion of women from the judiciary and the system of issuing fatwa (legal opinion), natural right of guardianship (wilāya) of underage children after divorce, and regulations related to the veil. Finally, referring to the manner of the Prophet of Islam, the paper suggests that ?urf (custom) can be considered as a source of Islamic legislation alongside other commonly known sources of fiqh (Islamic jurisprudence).     

Can Flux Bring About Flux? An Appraisal of the Buddhist Momentarist’s Response to the Causal Objection

The doctrine of radical impermanence (k?a?abha?ga) expresses the temporal dimension of Buddhist metaphysics, especially in the philosophy of Dharmakīrti and his successors. Most straightforwardly, the doctrine says that everything that exists is momentary; we are not impermanent (anitya) in the sense that we perish eventually, say when our brain ceases functioning, but rather we perish immediately upon conception. The person who begins to write this sentence and the person who completes it are, strictly speaking, different entities. However, there is a devastating problem for the doctrine: How can any momentary entities be causally efficacious (arthakriyā), and more particularly, given their extremely meager duration of existence, how might the momentarist explain the phenomena of cooperation among contemporaneous entities to occasion novel entities, such as seeds, soil, water and sunlight giving rise to sprouts? Even more difficult, can the momentarist offer such an explanation that does not undermine his negative claim that non-momentary things cannot exist? ?āntarak?ita (eighth century) and Ratnakīrti (eleventh century) offer answers, but they both fail. By meticulously analyzing and evaluating their arguments, I identify the stumbling blocks of their arguments and show what needs to be done to save the doctrine of momentariness.     

Risk Factors for Women’s Intimate Partner Violence Victimization: An Examination from the Perspective of the Schema Therapy Model

This study attempted to examine risk factors for intimate partner violence (IPV) victimization against women in terms of the schema therapy model (STM). Seventy-nine shelter-residing female IPV victims and 78 married female IPV non-victims participated in the study. The Young Schema Questionnaire Short Form, the Young Parenting Inventory, the Young Compensation Inventory, and the Young Avoidance Inventory were used. The results revealed that being young and having low income were risk factors for IPV victimization. Paternal parenting style was also found to be a further risk factor in addition to demographic variables. Further, the endorsement of disconnection and the unrelenting standards schema domains presented further information predicting IPV victimization above and beyond demographic variables and parenting styles. Maladaptive coping styles did not reveal themselves as maintenance factors for IPV victimization when the information gathered from demographic variables, parenting styles, and schema domains is taken out. The results are discussed in terms of the STM.     

Digital Analysis of Crime Statistics: Does Crime Conform to Benford’s Law?

Benford’s law suggests that the distribution of leading (leftmost) digits in data of an anomalous nature (i.e., without relationship) will conform to a formula of logarithmic intervals known as the Benford distribution. Forensic auditors have successfully used digital analysis vis-à-vis the Benford distribution to detect financial fraud, while government investigators have used a corollary of the distribution (focused on trailing digits) to detect scientific fraud in medical research. This study explored whether crime statistics are Benford distributed. We examined crime statistics at the National, State, and local level in order to test for conformity to the Benford distribution, and found that National- and State-level summary UCR data conform to Benford’s law. When National data were disaggregated by offense type we found varying degrees of conformity, with murder, rape, and robbery indicating less conformity than other offense types. Some tentative implications of these findings are discussed, as are areas for further research.     

Who’s going to leave? An examination of absconding events by forensic inpatients in a psychiatric hospital

Absconding is a potentially risky event that has wide reaching consequences both for the institution and greater community; however, few studies have examined the characteristics of clients who abscond, their motivations, and details about their absconding event, especially within a forensic context. The purpose of this research was to determine if risk factors could be identified that might predict absconding behavior. A retrospective chart review was conducted of all reported absconding events between 1 January 2012 and 31 August 2015 by clients on forensic units in a public psychiatric hospital in Ontario, Canada. In addition, these clients were matched with a comparison group. Categories of motivations for absconding including goal-directed, frustration/boredom, symptomatic/disorganized, and impulsive/opportunistic were identified. The best indicator of a client’s risk for absconding was having experienced a stressful, significant event in the two weeks prior to the absconding event. Additionally, total scores on the HCR-20 and the presence of a co-occurring substance use disorder differentiated the absconders from the comparison group. This research contributes to our knowledge base regarding absconding events by forensic psychiatric patients and highlights specific targets for clinical staff in assessing risk for absconding and managing privileges leading to more effective care planning.     

Who’s afraid of penal populism? Technocracy and ‘the people’ in the sociology of punishment

Contemporary sociologists of punishment have criticized the rising incidence of incarceration and punitiveness across the Western world in recent decades. The concepts of populist punitiveness and penal populism have played a central role in their critiques of the burgeoning penal state. These concepts are frequently sustained by a doctrine of penal elitism, which delegates a limited right to politicians and ‘the people’ to shape institutions of punishment, favoring in their place the dominance of bureaucratic and professional elites. I argue that the technocratic inclinations of penal elitism are misguided on empirical, theoretical, and normative grounds. A commitment to democratic politics should make us wary of sidelining the public and their elected representatives in the politics of punishment. A brief discussion of Norway’s legal proceedings against Nazi collaborators in the mid-1940s and the introduction sentencing guidelines commissions in Minnesota in the 1980s shows – pace penal elitism – that professional elites may variously raise the banner of rehabilitationism or retributivism. While penal elitism may yield a few victorious battles against punitiveness, it will not win the war.     

‘Honourable’ Behaviour and the Conceptualisation of Violence in Ethnic-Based Organised Crime Groups: An Examination of the Albanian Kanun and the Code of the Chinese Triads

Within Albania and China and their respective diasporas, a history of extreme violence, both official and unofficial, is widely accepted but not easily understood from a Western perspective. Over the course of centuries both societies have experienced turmoil and in the 20^th century spent decades under the disastrous communist dictatorships of Enver Hohxa (1944–1985) and Mao Zedong (1949–1976). Acts of organised/collective violence should be interpreted in their historical and cultural contexts. As both Albania and China underwent considerable internecine feuding, and all manners of deprivations and oppressions under the governance and proclamations of their various rulers, it may not be surprising that their subjects became inured to violence. Violence is neither meaningless nor peculiar to China/Albania. One explanation arises from the continuing purchase of ancient codes of ‘extreme violence’. This paper describes two ancient instruments justifying ‘excessive violence’ that have continued to exist even today and directly link them to the violent behaviour of contemporary Albanian and Chinese organised crime groups. The paper will explore the historico-cultural origins of Albanian and Chinese organised crime and their recent reputation as ‘ultra-violent’ actors. Specifically we examine the 15^th century Albanian legal code known as the Kanun of Lek Dukagjini, and the 17^th century code of the Chinese Hung Mun (Triad Society).     

Adding Value to an Arena Legislature? A Preliminary Examination of Topical Debates in the British House of Commons

The introduction of the topical debate mechanism in the autumn of 2007 sought to enhance the contemporary nature of debate in the British House of Commons and to increase opportunities for the participation of backbench MPs. Though experimental in the first instance, these debates have since become an entrenched feature of parliamentary life. This note seeks to assess the impact of topical debates on a legislature which has long been characterised by the strength of its plenary sessions. Analysis of the topical debates held during the 2007–08 parliamentary session demonstrates that topic selection has indeed been broad, examining issues of both national and constituency concerns. Whilst there has been no extraordinary change in the House, the use of topical debates by backbench opposition MPs in particular is significant and has the potential to add considerable value to the House of Commons as an arena legislature.     

How Do Police Respond to Stalking? An Examination of the Risk Management Strategies and Tactics Used in a Specialized Anti-Stalking Law Enforcement Unit

How do police respond to and manage complaints of stalking? To answer this question, we conducted a 3-phase study. First, we reviewed the literature to identify risk management tactics used to combat stalking. Second, we asked a group of police officers to review those tactics for completeness and group them into categories reflecting more general risk management strategies. The result was 22 categories of strategies. Finally, we used qualitative methods to evaluate the files of 32 cases referred to the specialized anti-stalking unit of a metropolitan police department. We coded specific risk management tactics and strategies used by police. Results indicated that a median number of 19 specific tactics from 7 general strategies were used to manage risk. Also, the implementation of strategies and tactics reflected specific characteristics of the cases (e.g., perpetrator risk factors, victim vulnerability factors), suggesting that the risk management decisions made by police were indeed strategic in nature. Qualitative analyses indicated that some of the strategies and tactics were more effective than others. We discuss how these findings can be used to understand and use stalking risk management more generally, as well as improve research on the efficacy of risk assessment and management for stalking.     

What About the Parents? Changes in and Correlates of Parents’ Discrete Emotional Reactions to their Child’s Trauma in Trauma Therapy

Journal of Family Violence - Parents experience differentiated emotions after learning of their child’s abuse; however, little is known about the effect of trauma therapy on these...     

An analysis of how the police ‘caution’ is presented to juvenile suspects in England

In England and Wales, suspects must be given a police caution before they are questioned. The purpose of the caution is to explain a suspect's right to silence as a protection against self-incrimination. However, the evidence on whether the caution fulfils its purpose is limited. The aim of the present study was to describe how cautions were delivered in interviews with juvenile suspects in England. First, the study set out to describe how the caution was delivered to suspects during actual police interviews. Second, the study examined whether suspects claimed or demonstrated understanding of the caution. Third, the study analysed how the caution was explained by police officers. In total, the study examined 38 cautions from 31 interviews. The results indicated that police officers delivered the caution at a speed that is likely to be too fast for juvenile suspects to comprehend. Juvenile suspects often claimed to understand the caution, but when asked, failed to demonstrate comprehension. On the other hand, police officers often explained the caution to juvenile suspects, but not always correctly. Both suspects’ and police officers’ explanations of the caution revealed several misconceptions. The results suggest that the caution may not safeguard suspects as intended.     

Where the Action is in Crime? An Examination of Variability of Crime Across Different Spatial Units in The Hague, 2001–2009

Objectives

To identify how much of the variability of crime in a city can be attributed to micro (street segment), meso (neighborhood), and macro (district) levels of geography. We define the extent to which different levels of geography are important in understanding the crime problem within cities and how those relationships change over time.

Methods

Data are police recorded crime events for the period 2001–2009. More than 400,000 crime events are geocoded to about 15,000 street segments, nested within 114 neighborhoods, in turn nested within 44 districts. Lorenz curves and Gini coefficients are used to describe the crime concentration at the three spatial levels. Linear mixed models with random slopes of time are used to estimate the variance attributed to each level.

Results

About 58–69 % of the variability of crime can be attributed to street segments, with most of the remaining variability at the district level. Our findings suggest that micro geographic units are key to understanding the crime problem and that the neighborhood does not add significantly beyond what is learned at the micro and macro levels. While the total number of crime events declines over time, the importance of street segments increases over time.

Conclusions

Our findings suggest that micro geographic units are key to understanding the variability of crime within cities—despite the fact that they have received little criminological focus so far. Moreover, our results raise a strong challenge to recent focus on such meso geographic units as census block groups.

     

What’s the Party Like? The Status of the Political Party in Anti-Defection Jurisdictions

Law and Philosophy - This paper explores how political parties should be regulated in jurisdictions with anti-defection laws, which constitutionalise parties’ control over the legislative...     

Does Spending Time in Public Settings Contribute to the Adolescent Risk of Violent Victimization?

Objectives

Using data from a nationally representative survey of adolescents in Finland this research examined the influence of spending time in public settings on the risk of physical assault and robbery victimization.

Methods

Binary and multinomial regression models were estimated to disaggregate associations between hours spent in public settings and characteristics of the victimization incident. The amount of causality/spuriousness in the association was examined using a method of situational decomposition.

Results

Our findings indicate that: (1) an active night life (any time after 6 pm) has a strong effect on victimization for boys, whereas much of the association between night life and victimization is spurious for girls; (2) after-school activity is not a risk factor; (3) adolescents who frequent public places at night increase their risk of victimization by people they know as well as strangers; and (4) much of the risk of night time activity in public settings is alcohol-related.

Conclusions

Our research suggests that a good deal of the risk associated with spending time in public settings is a function of the victim’s own risky behavior rather than inadvertent physical contact with motivated offenders in the absence of capable guardians. In addition, this lifestyle is significantly more victimogenic for males.     

Does image editing improve the quality of latent prints? An analysis of image-editing techniques in one crime laboratory

Field research within latent print comparison has remained sparse in the context of an otherwise growing body of literature examining the discipline. Studies examining how ACE-V procedures are implemented within active crime laboratories are especially lacking in light of research suggesting significant variability in examiner practices despite standardized ACE-V procedures. To date, no studies have examined a potentially important aspect of the Analysis phase: digital image editing. We provide information on the prevalence and types of latent print image editing within one laboratory (i.e., Houston Forensic Science Center), examine the potential effect of image editing on objective print quality and clarity (i.e., LQMetrics scores), and explore potential examiner differences in editing effectiveness. Results indicate that most latent prints are edited in some manner, and that image editing improves the quality and clarity of print images as defined by an objective quality metric, although examiners varied in their ability to improve the clarity of print images. Findings suggest that formal guidance or documentation of standard editing procedures would likely improve the reliability of examiner conclusions early in the latent print comparison process.     

The Merowe Dam Project – When Does the Coin Flip from Legal Business Activity to Criminal Behavior? Reflections on the Concept of Guarantor’s Liablity in the Context of Transnational Business Activities

The individual liability of corporate officers for crimes that are often framed as transnational human rights abuses is much debated. While it seems that some standards of liability are developing in the field of international criminal law, standards of criminal liability in cases where the alleged crimes do not amount to international crimes remain to some extent unclear. This article will examine a concrete case that was investigated by the Frankfurt/Main prosecutor’s office. Additionally, it will be considered whether international soft law standards on corporate human rights due diligence have an influence on how the existing standards of guarantor’s liability, and especially that of principals (Geschäftsherrenhaftung), are to be interpreted in these cases.