The crimes of the homeless or the crime of homelessness? On the dialectics of criminalization,decriminalization, and victimization

This paper is a limited attempt to synthesize the older and newer trends in radical criminology — to integrate the issues of criminalization, decriminalization, and victimization. The object of our endeavor is homelessness and how society responds to it. In the paper, we first examine the dialectics of criminalization, homelessness, and economic crisis in relation to some of the general trends in the developing political economy of welfare capitalism. Second, we argue that criminologists should support and focus on effort to criminalize the condition of homelessness and, at the same time, to decriminalize most of the acts of survival of the homeless. In pursuing this end, we urge criminologists to respond by doing things with rather than for or to the homeless. Ultimately, we hope this paper contributes to the ideological and practical struggle for achieving stable institutional methods for satisfying basic human needs.     

Me,myself and I: the sociology of policing male rape,the gaze of the ‘Other’

In this paper, the bodies of male rape victims as the ‘other’ are problematized. The social and cultural constructions of male rape within a policing context are examined since the police play a major role in impeding the progress of male rape cases. The author draws on police data, generated from interviews and qualitative questionnaires with the police, to illustrate the problems with policing male rape in England, UK. While the author provides empirical data, sociological, cultural, and post-structural theoretical frameworks largely inform it. It is argued that the bodies of male rape victims are positioned in inferior positions, whereby their bodies are metaphorically and symbolically marked as ‘abnormal’, ‘deviant’, and the ‘other’. Through social and power relations, their bodies are tainted, which reinforces gender and social norms.     

Back to the future? Diabetes, HIV, and the boundaries of public health

The control of infectious diseases has traditionally fallen to public health and the clinical care of chronic diseases to private medicine. In New York City, however, the Department of Health and Mental Hygiene (DOHMH) has recently sought to expand its responsibilities in the oversight and management of chronic-disease care. In December 2005, in an effort to control epidemic rates of diabetes, the DOHMH began implementing a bold new plan for increased disease surveillance through electronic, laboratory-based reporting of A1C test results (a robust measure of blood-sugar levels). The controversy A1C reporting produced was relatively contained, but when Dr. Thomas Frieden, New York City health commissioner, called for the state to begin tracking viral loads and drug resistance among patients with HIV, both the medical community and a wider public took notice and have started to grapple with the meaning of expanded surveillance. In the context of the past century of medical surveillance in America, we analyze the current debates, focusing first on diabetes and then HIV. We identify the points of contention that arise from the city's proposed blend of public health surveillance, disease management, and quality improvement and suggest an approach to balancing the measures' perils and promises.     

W and the design of the na

e browse background and design navigational maps properly in VE and WWW for reducing cognitive burden and improving 搃mmersion?in VE.virtual environments, www, hypertext, disorientation0心理科学进展Journal of Developments In Psychology76-82B845F102;1;E;FF102_1;沈昉000     

Punishing Disloyalty? Treason,Espionage, and the Transgression of Political Boundaries

This Article examines the idea of betraying or being disloyal to one’s own country as a matter of criminal law. First, the Article defines crimes of disloyalty as involving failures to prioritize one’s own country’s interests through participating in efforts to directly undermine core institutional resources the country requires to protect itself or otherwise advance its interests by force. Second, this Article canvasses various potential arguments for the existence of a duty not to be disloyal to one’s own country and argues that they fail. Finally, this Article argues that we should interpret the wrong of disloyalty crimes as involving not betrayal or infidelity, but transgression of political boundaries. That is, the relevant wrong here is rooted in the ideas of separation of powers and assignments of roles between citizens and the state, and we should thus conceive crimes of disloyalty as crimes of usurpation and evaluate the moral rights and wrongs of such crimes accordingly.     

Fighting the obscene, pornographic, and unhealthy—an analysis of the nature, extent, and regulation of China’s online pornography within a global context

China??s Internet development has experienced an explosive growth in the last two decades. As China became the largest Internet user in the world, cyber crimes presented a new challenge. In its efforts to combat cyber crimes, the Chinese government singled out online pornography and labeled it ??online narcotics.?? Using the reports of online pornography found in the People??s Daily, a leading national newspaper, this study examines the extent and nature of online pornography in China??s unique context and how the Chinese government has worked to counter such crimes. The analyses of the official reports indicate that the number of China??s porn users has reached millions and continues to grow. To combat such behavior, the Chinese government has adopted a number of countermeasures such as increased law-making, strengthened law enforcement, and the use of new technology. While these countermeasures parallel those of other nations, China??s regulation also presents a number of unique features, such as its broad and sweeping control of online pornographic and unhealthy material for both adults and juveniles, its campaign-style policing, and its emphasis on building consensus with little dissenting opinion. China??s overreaching and proactive approach indicates substantial differences in national standards, value systems, and legal practices between China and many other nations.     

Law,language, and the power of ‘invisible threats’ of violence against women

Violence, and the threat of violence, is a pervasive feature of women's lives. From high-profile threats in politics to everyday harms such as domestic abuse, violence, threat, and intimidation control women's behaviour and silence their voices. Yet in many cases the pernicious and harmful effect of threat is not captured by the law. Drawing on the work of sociologist Pierre Bourdieu and empirical research undertaken in Northern Ireland, this article analyses the ways in which both objective and ‘incorporated’ social structures generate invisible forces of fear and threat that the law does not see, but that women feel and structure their lives around. The article develops the novel conceptual tool of ‘invisible threats’ to capture threat as harm, to show the relation between threat and gendered (in)securities, and to challenge institutions of the law to respond better to invisible threats as perceived and articulated by women.     

Rethinking the Probative Value of Evidence: Base Rates,Intuitive Profiling,and the “Postdiction” of Behavior

It is argued that American courts may be routinely admitting evidence with little to no probative value and great potential for prejudicial impact. This may be particularly likely with regard to what is essentially intuitive profiling or stereotype related evidence, defined herein as evidence suggesting that the defendant (or other party), or his (her) behavior, fits intuitive profiles (or stereotypes) of the type of person likely to commit the crime or behavior in question. In other words, intuitive profiling evidence is admitted to postdict behavior. Formal empirically based profiling evidence (testimony regarding the fit of a defendant's characteristics or behaviors to formal or scientific profiles of the typical perpetrator of the crime in question for use to prove guilt is inadmissible in American courts. However, we suggest that everyday use of informal intuitive profiles underlies both judicial determinations of probative value diagnosticity, and thus admissibility, of evidence, and jurors' use of the evidence in determining guilt. Demonstrations of the use of base rate information to evaluate the probative value of such intuitive profiling evidence both as evidence of guilt and as evidence of innocence are provided. Demonstrations of both how to evaluate the actual probative value of evidence (when all necessary values are known), and the theoretical limit of its probative value (in circumstances where some values are not known) are provided. It is argued that such evaluations may provide the basis for (1) support of motions to either admit or to exclude evidence, (2) testimony to the jury to help them weigh or interpret evidence, (3) exculpatory profiling (profiling evidence of innocence), (4) pretrial research to establish probative versus prejudicial value of evidence, and (5) sufficiency analyses to determine maximum likelihood of guilt, given multiple items of evidence. Among these, the first two are considered most important, as it can be demonstrated that many profiling characteristics currently admitted in trial (such as evidence of battery to support a murder charge) are not probative of guilt.     

Outlining the Shadow of the Axe—On Restorative Justice and the Use of Trial and Punishment

Most proponents of restorative justice admit to the need to find a well defined place for the use of traditional trial and punishment alongside restorative justice processes. Concrete answers have, however, been wanting more often than not. John Braithwaite is arguably the one who has come the closest, and here I systematically reconstruct and critically discuss the rules or principles suggested by him for referring cases back and forth between restorative justice and traditional trial and punishment. I show that we should be sceptical about at least some of the answers provided by Braithwaite, and, thus, that the necessary use of traditional punishment continues to pose a serious challenge to restorative justice, even at its current theoretical best.

The Jolly Hangman, the Jailed Journalist, and the Decline of Singapore’s Death Penalty

British journalist Alan Shadrake was convicted of contempt of court in 2010 for writing a book about capital punishment in Singapore. This article uses that book and other sources to analyze four aspects of Singapore’s death penalty. It begins with a profile of Darshan Singh, the hangman who executed 1,000 persons over the past half-century. The article then shows that Singapore’s system of mandatory capital punishment does not produce consistency in death penalty decision-making. Next the article argues that the prosecution of Shadrake increased criticism of capital punishment in Singapore by propelling his book to bestseller status. This is followed by an explanation of why the number of persons executed in Singapore has declined in recent years, from an average of 66 per year in the mid-1990s to an average of 5 per year since 2004. The key proximate cause of this decline appears to be prosecutors, who can use their discretion to charge defendants for possessing amounts of heroin, cannabis, cocaine, and methamphetamine that are just under the thresholds for a mandatory death sentence. Capital punishment in Singapore is not really mandatory, and it cannot escape the problems of bias and arbitrariness that have long plagued discretionary death penalty systems in the United States, Japan, and other nations.     

‘Disband,Disempower, and Disarm’: Amplifying the Theory and Practice of Police Abolition

Critical criminologists have challenged the utility of efforts to reform the criminal justice system for decades, including strong calls to abolish the prison system. More recently, the rebellions in Ferguson, Baltimore, Milwaukee, and Charlotte have made racialized police violence and police reform issues of national concern. In this article, we examine abolitionist claims aimed at law enforcement institutions in the aftermath of Ferguson and other subsequent rebellions. We consider the implications for abolitionist organizing when the institution of law enforcement, rather than prisons, becomes the explicit target of our movement(s). How are groups theorizing and practicing police abolition and how does this align with, challenge, or expand past conceptualizations of abolition? To answer this question, first we sketch the broad parameters of abolitionist thought, particularly as it is taken up in the disciplines of political theory and criminology. Second, we analyze an emergent praxis of police abolition that revolves around the call to disband, disempower, and disarm law enforcement institutions. We argue that by attacking the police as an institution, by challenging its very right to exist, the contemporary abolitionist movement contains the potential to radically transform society. In this spirit, we amplify abolitionist praxis that (1) aims directly at the police as an institution, (2) seeks to dismantle the racial capitalist order, (3) adopts uncompromising positions that resist liberal attempts at co-optation, incorporation, and/or reconciliation, and (4) creates alterative democratic spaces that directly challenge the legitimacy of the police.     

‘The Enemy of God and His Church’: James Hobart,Praemunire, and the Clergy of Norwich Diocese

Praemunire was the offence of undermining royal authority. Despite its antipapal origins, by 1500 praemunire was being used to inhibit the exercise of ecclesiastical jurisdiction within England. Notorious from 1529 as a royal instrument for intimidating the clergy, praemunire was already contentious at the beginning of the sixteenth century. Historians of the common law have identified a growing number of praemunire cases in these years; at the same time, ecclesiastical historians have detected a decline in the business of most church courts. A causal relationship has often been assumed, but not examined in the manner attempted here. A spate of praemunire cases within his diocese provoked from Bishop Nykke of Norwich a famous letter of complaint, in which he censured the attorney-general Sir James Hobart. This article examines the praemunire cases to which Nykke referred and also Hobart's role in promoting them. The interaction between church and common law courts and between their personnel and litigants is explored. New light is shed on relations between leading churchmen and common lawyers and also on the Crown's attitude to praemunire. The evidence presented deepens our understanding of the decline of ecclesiastical jurisdiction in this period.     

Queer Criminology,Critique, and the “Art of Not Being Governed”

This article builds on previous work that argues that a useful path for a “queer/ed criminology” to follow is one that takes “queer” to denote a position. It suggests that one way of developing such an approach is to adopt a particular understanding of critique—specifically one that draws from Michel Foucault’s view of critique as “the art of not being governed.” It then charts some of the possible directions for such a “queer/ed criminology.” While such an approach to critique has previously been discussed within critical criminologies, this article suggests that it is useful for queer criminologists to explore the opportunities that it affords, particularly in order to better appreciate how “queer/ed criminology” might connect to, draw from, or push against other currents among critical criminologies, and help to delineate the unique contribution that this kind of “queer/ed criminology” might make.