Criminal Law and the Routine Activity of ‘Hate Crime’

If our knowledge about so called ‘hate crime’ was confined to what we read in the national newspapers or see on the television news then the impression that we would be most likely left with is that hate crime offenders are out-and-out bigots, hate-fuelled individuals who subscribe to racist, homophobic, and other bigoted views who, in exercising their extreme hatred target their victims in premeditated violent attacks. Whilst many such attacks have occurred, the data on incidents, albeit limited, suggests instead that they are commonly committed by ‘ordinary’ people in the context of their ‘everyday’ lives. Considering the everyday circumstances in which incidents occur, this paper argues that by imposing penalty enhancement for ‘hate crime’ the criminal law assumes a significant symbolic role as a cue against transgression on the part of potential offenders.     

Staff members’ evaluation of inpatients’ motivation for aggression – the roles of staff restrictions and aggression severity

Improved understanding of inpatient aggression can come from systematic assessment of motivation for aggressive incidents. This study investigates staff members’ evaluation of motivation for aggressive incidents, and how such evaluations are influenced by staff restrictions and aggression severity. Staff reports of aggressive incidents in a secure psychiatric unit were collected in clinical practice over a ten-year period (2006–2015). Motivation for aggression was assessed with the Aggressive Incident Motivation Evaluation Scale, measuring irritable, instrumental, and defensive dimensions. Information about staff restrictions was collected with the Staff Observation Aggression Scale – Revised, and severity was rated with the Visual Analog Scale. Multilevel analyses of 2649 aggressive incidents, committed by 67 inpatients, revealed greater variation in aggression motivation across incidents than between individual patients. Staff restrictions preceding the aggressive incident and rating of severity were positively related to staffs’ evaluation of motivation for aggression, but their impacts differed across motivational dimensions. Staff reports of motivation provide important additional information beyond current standard report forms. Systematically evaluating motivation is essential to risk management, and may contribute to develop more fine-tuned interventions for preventing and managing aggression in inpatient settings.     

School Shootings and Security Lock-downs: Myths,Positive School Climates,and Safer Campuses

School shooting tragedies and the juvenile justice system’s movement toward a retributive and punitive framework gravely impacted how primary and secondary school students, disproportionately urban districts, used security measures to lock down campuses and build “fortress-like” schools. This iteration of control on school campuses emerged in tandem with the most recent generation’s zero tolerance approach to student violence and problems; a policy widely regarded as ineffective in urban, suburban, and rural districts. As school shootings continue to impact state legislative action and public reactions to school management, this paper takes a critical approach to school security policies and reviews the evidence on the risk for school violence and how to move away from student control approaches that do not improve school safety. Instead, the incorporation of prosocial education and school engagement efforts finds that school and student safety is improved. These, and related approaches to student body management, decreases campus violence and may also minimize the risk of some school shootings - as rare as these tragic incidents are across the nation’s schools. The interplay of schools, students, and the juvenile and family courts is ongoing. Knowing how school districts can best approach their campus environments, safety, and learning is important for school social workers and court personnel because of how often these systems work, or do not work, together.     

‘I'm a photographer,not a terrorist’: the use of photography to detect deception

When planning large-scale incidents or bombing campaigns, terrorists often conduct reconnaissance research to identify key targets. This may include taking photographs of potential target locations. Identifying an effective real-time method to distinguish between genuine photographers and those with more sinister intent may be beneficial for law enforcement and security agencies. Participants took photographs in a public place with a genuine intent (truth tellers) or sinister intent (liars). After taking these photographs, the participants were approached by an undercover interviewer (a mime artist) who asked them whether he could see the photographs. Later, the participants discussed their photographs in a formal interview. First, liars were less cooperative in their interaction with the undercover interviewer than truth tellers. Second, in the formal interview, liars mentioned some security features that appeared in the photographs more than truth tellers. The findings suggest that ‘using photographs to detect deception’ is a subject that could prove important to explore to benefit forensic and counter-terrorist practice.     

Enter Ghost: Haunted Courts and Haunting Judgments in Transitional Justice

How can we account for trials in which the judgment speaks not only to and about the defendants and their deeds, but also about injustices from a more distant past? Building on approaches to ghosts and haunting by Jacques Derrida and Avery Gordon, I propose to examine a set of the German post-1990 trials for human rights violations committed in the former East Germany as instances of haunted justice. Here, the courts not only adjudicated the present cases, but also tried to ‘go back and make whole what has been smashed’ (Benjamin 1969) by their own lack of judgment in the failed trials of the Nazi perpetrators. In this instance, the ‘time is out of joint’, and we see the ghosts of the failed trials of Nazi perpetrators standing next to the inheritance of impunity fostered in West German courts, and next to the now present East German perpetrators. What can justice mean in such a complex constellation of injustices? I argue that the ghostly dimension of these cases point to a need for a kind of justice and engagement that can ultimately not be found in courts—yet the courts’ engagement with this ghostly matter is nevertheless important.     

The Complexity of Hate Crime and Bias Activity: Variation across Contexts and Types of Bias

Are racially-motivated hate crimes, non-criminal bias incidents, and general forms of crime associated with the same structural factors? If so, then social disorganization, a powerful structural correlate of general crime, should predict rates of hate incidents. However, tests of social disorganization’s effects on racially-motivated hate crime yield inconsistent results. This study uses data from the Pennsylvania Human Relations Commission (PHRC) to explore such inconsistencies. Specifically, we assess the effects of social disorganization across contexts and types of bias motivation using bias incidents over 12 years. The results suggest that (a) social disorganization, particularly residential instability, is robustly correlated with rates of both hate crime and other prejudicial conduct, and that (b) the interactive effects of social disorganization help explain variations in incident rates by motivation type. Specifically, anti-black incidents are most frequent in unstable, homogeneous (i.e. white) and advantaged communities, while anti-white incidents are most frequent in unstable, disadvantaged communities.     

Political but not partisan: Marketing parliaments and their members

Parliaments are difficult institutions to market and promote to their publics, partly because of their political nature and their institutional complexity. However, because good promotion requires a good ‘product’, thinking about parliaments in terms of their promotion can also focus attention helpfully on how they are actually structured and operated, thereby contributing to the improvement in their effectiveness, both internally and in relation to the wider polity. The Westminster and Scottish Parliaments can be usefully and conveniently compared and contrasted, both in terms of their parliamentary product, and in its promotion. such a comparative analysis highlights some of the defining characteristics of an effective parliament, such as an underlying vision and purpose, substantive institutional autonomy (especially in relation to the executive), and genuine public engagement. It also emphasises that both the operation and the promotion of a parliament are multi-layered tasks for parliamentarians and parliamentary staff.     

Neighborhoods of last resort: How landlord strategies concentrate violent crime

Studies of crime hot spots have argued that landlords’ management styles, specifically their tenant screening and property monitoring techniques, affect crime. These studies, however, have rarely considered the political–economic contexts in which these actions take place: specifically, how landlords’ behaviors are shaped by, and themselves reproduce, larger rental market structures. Drawing on data pertaining to eviction rates, criminal incidents, housing code violations, and landlord behavior in Milwaukee, Wisconsin, this study documents how extractive rental management strategies, such as weak tenant screening, frequent eviction filings, and property disinvestment, concentrate crime at particular properties. In turn, high rates of crime in a neighborhood incentivize these extractive landlord strategies. By showing how landlords’ economic strategies are central to urban crime geographies, this study contributes to our understanding of third-party policing by revealing the limits of market-based solutions to place management dilemmas.     

Measuring the subjective perceptions of risks and rewards of Chinese juvenile thieves

Offenders’ readiness to engage in changes that will reduce their risk of reoffending is now recognized to be as important as the design and delivery of programmes that support such change. Interest is growing in both how to increase engagement in change processes, and how to measure any improvements in engagement. This study evaluated the effects of a brief offending-focused motivational interviewing (MI) intervention on reconviction in male prisoners serving sentences for diverse crimes. Men who undertook MI were significantly less likely to be reconvicted than those who did not. The results also served to validate a stage-based measure of readiness to change derived from Prochaska and DiClemente's Transtheoretical Model. Prisoners who were offered MI increased their readiness to change by an average of one stage, while the scores of men who were not remained unchanged. Furthermore – whether men undertook MI or not – change in stage of change predicted reconviction. This was a high-risk sample, making the results intriguing for at least two reasons. First, reductions in recidivism are usually achieved only with much more intensive programmes for high-risk men. Second, according to ‘traditional’ cognitive–behavioural rehabilitation theory, programmes need to target change in dynamic risk factors directly to reduce reconviction risk. That these results were obtained with men whose initial motivation was low, and in the absence of any ‘traditional’ criminogenic rehabilitation, raises questions about whether there is more than one mechanism involved in desistance.     

‘Cultural Criminology,Governmentality and the Liquidity of the Failing State: The View from Ireland’ for Critical Criminology

A number of incidents and community movements in the post-economic growth era have come to shape understandings of the Republic of Ireland’s marginalised groupings. These groups exist in both urban streetscapes and rural communities; all have come to represent a new culture of transgressive resistance in a state that has never completely dealt with issues of political legitimacy or extensive poverty, creating a deviant form of ‘liquid modernity’ which provides the space for such groupings to exist. The article demonstrates that the prevailing ideology in contemporary, post-downturn Ireland have created the conditions for incidents of ‘cultural criminology’ that at times erupt into episodes of counter hegemonic governmentality. The article further argues that these groups which have emerged may represent the type of transgressive Foucaultian governmentality envisaged by Kevin Stenson, while they are indicative of subcultures of discontent and nascent racism which belie the contented findings of various affluence and contentment surveys conducted during the years of rapid growth. The paper develops this theme of counter-hegemonic ‘governmentality’, or the regional attempts to challenge authorities by local groups of transgressors. The paper finally argues that, in many ways, the emergence of a culture of criminality in the Irish case, and media depictions of the same, can be said to stem from the corruption of that country’s elites as much as from any agenda for resistance from its beleaguered subcultures.     

Consequences of sexual harassment in sport for female athletes

Abstract

Sexual harassment research was first undertaken in the workplace and educational settings. Research on sexual harassment in sport is scarce but has grown steadily since the mid-1980s. Even so, very little is known about the causes and/or characteristics and/or consequences of sexual harassment in sport settings. This article reports on the findings from interviews with 25 elite female athletes in Norway who indicated in a prior survey (n = 572) that they had experienced sexual harassment from someone in sport. The consequences of the incidents of sexual harassment that were reported were mostly negative, but some also reported that their experiences of sexual harassment had had no consequences for them. ‘Thinking about the incidents’, a ‘destroyed relationship with the coach’, and ‘a more negative view of men in general’ were the most often negative consequences mentioned. In addition, a surprising number had chosen to move to a different sport or to drop out of elite sport altogether because of the harassment.     

Patterns of violence and self-harm in women prisoners: characteristics,co-incidence and clinical significance

Self-harm and violence in women’s prisons in England are common and occurring with increasing frequency. We aimed to describe the characteristics and patterns of violent and/or self-harming behaviours in women in prison by conducting a retrospective analysis of routine data about self-harm incidents and adjudications. Incidence rates of self-harm and violence were calculated and associated factors explored using logistic regression. We found that only 6.7% of 5486 women prisoners self-harmed and 7.9% had been violent. Eighty per cent of all self-harm incidents related to 70 women. Almost 4 in 10 women prisoners who self-harmed were also violent. Multiple incarcerations and court movements are associated with incidents of self-harm and violence. Women with high-frequency self-harm (≥6) began self-harming early in their custodial period. We conclude that women prisoners who are very behaviourally disturbed can and should be identified early. They warrant clinical formulation and multi-agency responses to risk. Those with high-frequency self-harm should be cared for by external health services.     

Fiduciary Duty under the Microscope: Stewardship and the Spectrum of Pension Fund Engagement

UK pension fund trustees’ interpretations of their fiduciary duties may shape pension fund approaches to corporate stewardship and engagement envisioned by the UK Stewardship Code. Data from interviews with pension fund trustees, executives, investment intermediaries and pensions experts reveals interpretive pluralism of the concept of fiduciary duty in the area of pension funds. This article develops a model identifying the spectrum of pension fund engagement, linking interpretations of fiduciary duty to intensity and methods of engagement in practice. The findings help disambiguate the concept of ‘Fiduciary Duty’, highlighting the practical challenges of Stewardship Code application. These insights are relevant to the ongoing revisions of the Stewardship Code and policy clarifications of the nature of fiduciary duty by the UK Financial Conduct Authority. The paper encourages trustees, regulators and others to consider what role pension fund trustees should have in stewardship, which may not be directly relevant to their fiduciary duties as trustees.     

Risk Terrain Modeling and Socio-Economic Stratification: Identifying Risky Places for Violent Crime Victimization in Bogotá, Colombia

This research focused on the effect of the built environment on Bogotá’s violent crime by using the Risk Terrain Modeling (RTM) technique. The current study used 17 ecological variables, including micro-level data on the spatial distribution of socio-economic strata, and the location of an array of businesses and other features of the landscape. As suggested by the results of this study, the spatial distribution of violent crime in Bogotá is highly correlated with the allocation of socio-economic strata throughout its geography. A statistically valid RTM analysis identified the micro-level risk factors associated with three types of violent crime incidents, namely homicide, assault, and theft incidents. These results suggest that future violent crime incidents are more likely to occur at a reduced number of high-risk micro-places. Moreover, while homicide and assault incidents were more likely to cluster within the poorest areas of the city, theft incidents presented a higher risk of victimization near the city center, where economic activity and suitable targets concentrate. This study offers a unique account regarding the effect of socio-economic segregation on violent crime victimization across Bogotá’s geography and within different socio-economic strata classifications.     

Co-offending in Canada,England and the United States: a cross-national comparison

This article compares the characteristics of police-reported co-offending groups and solo offenders in Canada, England and the United States. Comparative analysis of crime in these three countries is fostered by the relative similarity of their substantive criminal codes (all originating in English common law), their approaches to law enforcement, and their crime recording procedures. The data include over 100,000 incidents cleared by a large UK police force, 2.5 million incidents in Canada, and 1.3 million incidents in 36 states in the United States, in the first decade of the twenty-first century. Comparative analyses include the prevalence of co-offending, the size and composition of co-offending groups, and key correlates of group crime, such as offence type and the age and sex of participants. Substantial similarities are observed across the three data sets, although there are also intriguing differences. These findings are discussed in relation to ongoing attempts to draw general conclusions regarding the nature and extent of group crime and co-offending networks.     

Towards a Contextual Definition of Rape: Consent,Coercion and Constructive Force

This paper considers ‘consent-based’ and ‘coercion-based’ models of defining rape. It argues that the ability of these models to adequately protect against violations of sexual autonomy is dependent on their engagement with the broader circumstances within which sexual choices are made. Following an analysis of both models it is argued that attempts to contextualise consent and coercion are often undermined by evaluative framings that encourage scrutiny of the complainant's actions at the expense of engagement with the broader circumstances. This is particularly problematic where rape occurs as a result of non-violent coercion and the victim does not verbally or physically demonstrate their lack of consent. The paper draws on United States military law and argues that the doctrine of constructive force, which has been used to deal with non-violent coercion in these contexts, has the potential to progressively reshape our contextual and evaluative framings in domestic contexts.     

‘It’s a dead place’: A qualitative exploration of violence survivors’ perceptions of justice architecture

Each year, thousands of victims of violence enter the Canadian criminal justice system and, by extension, justice buildings, such as police stations and courthouses. The architecture and design of these buildings communicate symbolic messages about justice and may influence the emotions, behaviors, and well-being of survivors. This qualitative study explored survivors’ emotional experiences with justice architecture. Findings reveal that survivors experience justice architecture as cold and hard; a facilitator of feelings of insignificance; lacking in privacy and; representative of their raw emotional state. The author discusses implications of these findings for victim engagement in the context of justice spaces.     

Characteristics of male patients admitted to an adolescent secure forensic psychiatric hospital

This paper examines the characteristics of a group of 64 young men, who were consecutively admitted to Bluebird House, an NHS mixed gender, adolescent forensic, medium secure hospital. The characteristics examined focus on the young men’s clinical presentations, as informed by the Millon Adolescent Clinical Inventory, and their ICD10 (WHO 1992) diagnoses. The paper also examines the males’ route into, and out of, Bluebird House, as well as their risk profiles, especially with regards to others, as informed by Structured Assessment of Violence Risk in Youth findings and staff recorded incidents. Correlational analysis is performed to try and understand this population, with statistically significant findings highlighted. The discussion considers the trajectory for some of these young men into adult personality disorders, their presentation and prognosis compared to their female counterparts, and how their presentation contrasts with adult male forensic populations.     

Practice tips for managing challenges in parenting capacity assessments in child protection court

Courts frequently rely on parenting capacity assessments to make decisions about visitation and case progress in child protection court. Although these evaluations can provide valuable information to courts, they often involve assessing areas of human behavior that are not clearly defined in the literature. For example, mental health professionals are often tasked with identifying risk and protective factors for child maltreatment while identifying factors that can impede progress towards reunification. Although some of these factors may be easy to identify and assess (e.g., symptoms of mental illness or substance abuse), others may be more challenging. For example, factors such as denial and minimization about risk factors and maltreatment, a parent(s)’ ability to protect their child(ren) from future incidents of maltreatment, the parent(s)’ potential for change, and the consideration of what is in the best interest of the child are hard to assess. This article will provide a summary of the research in these areas, provide tips for managing these areas, and highlight directions for future investigation that will help inform parenting capacity assessments in child protection court.