What Are the Obstacles to Defense Counsel?

Many years ago, at a session of the USSR Supreme Soviet, Deputy I. A. Kairov uttered these words of bitter truth: "A kind of strange attitude still persists toward defense lawyers as if in some way they were impediments rather than contributors to the administration of justice."     

Fast Tracking Persistent Young Offenders: To What Effect?

The last few years have seen much emphasis being placed on the speed of justice. In particular there has been an emphasis on speeding up youth justice, and this has resulted in quite a few Youth Courts establishing fast tracking schemes for persistent and spree offenders. One of the first of these started two years ago at Sheffield Youth Court. Its progress has been closely monitored by both the court staff and by research carried out at the University of Sheffield. The paper presents some of the results of this research, considering the purpose of fast tracking, what effect it has had on the court process, and the consequences for young offenders themselves. This revised version was published online in August 2006 with corrections to the Cover Date.     

The Last Word in Court—A Hidden Disadvantage for the Defense

In the legal systems of most western countries, defense attorneys present their sentencing recommendation after the prosecution has presented its sentencing demands. This procedural sequence for criminal cases is intended to balance the impact of both parties on the judge's final decision. Especially the positioning of the defense's plea at the end of the trial follows the fundamental legal principle “in dubio pro reo.” Research on judgmental anchoring, however, suggests that the standard procedural sequence may in fact work against this principle. Consistent with this implication, the present studies demonstrate that the defense's sentencing recommendation is anchored on, and consequently assimilated toward, the preceding recommendation by the prosecution. This influence prevents the defense attorney from effectively counterbalancing the prosecutor's demand. Instead, the biased defense attorney's recommendation partially mediates the impact of the prosecutor's demand on the judge's decision. These findings suggest that the standard procedural sequence in court may place the defense at a distinct disadvantage.     

What is the Criminal Law for?

The traditional distinction between retributive and distributive justice misconstrues the place of the criminal law in modern regulatory states. In the context of the regulatory state, the criminal law is a coercive rule-enforcing institution – regardless of whether it also serves the ends of retributive justice. As a rule-enforcing institution, the criminal law is deeply implicated in stabilizing the institutions and legal rules by means of which a state creates and allocates social advantage. As a coercive institution, the criminal law requires justification as an instance of legitimate state authority. The operation of criminal justice institutions should therefore not be evaluated by reference to a distinct set of criteria, but should be evaluated by the same criteria that apply to coercive public institutions generally.     

Human and fundamental rights: What are they about?

Conclusion Human rights, distrusted by Bentham, through emergence ofGesellshaft, have sometimes been identified with rights of market men and gradually on an ad hoc basis and so have been given a relational or relativist character for that reason. Such a view ignores the test of humanness or the tele of human rights surviving any political association and the need for full development of human personality as an autonomous being inherent in full respect for all as moral persons. This disposes of the view of human rights in terms of rules of a game, or of connection between human rights and human action, or of the standard of the prudent man or, finally, of the ideology of the rising bourgeoisie. Equally, that very test of humanness disposes of criticisms of the human rights theory based on a concern for implementation of rights, on concentric circles based on the specific and concrete, on the impossibility of liking the billions, on the distinction between negative, positive and administrative rights, on the condition of being able to make valid claims and thereby denying human rights to the deprived millions in poor countries, on the social justice model, on the potential for violence and conflict and, finally, on the vagueness or subjectivity of human rights. An eclectic synthesis not between good and evil nor between right and wrong but between the extremes of the views presented in such critical explanations e.g. between the New Right and the New Left and between Hobbes and Rousseau) is what is needed in order to present a workable theory of human rights in the modern-day world.     

Fairness and organizational citizenship behavior: What are the connections?

A view of organizations as social contracts recognizes self-interests of individuals but does not explain the occurrence of unselfish contributions such as are denoted by organizational citizenship behavior (OCB). We propose that the concept of fairness, as applied to systems of relational contracts, provides a high-leverage construct for understanding the fusion of self-interest and self-denial. A review of the empirical literature suggests that fairness, rather than job satisfaction, accounts for OCB; and that the evidence points toward procedural and interactional fairness as both empirically and conceptually critical in the fairness-OCB relationship. However, we explain why distributive fairness still should not be deemphasized.     

Superior Responsibility under Article 28 ICC Statute: For What Exactly is the Superior Held Responsible?

Superior responsibility is a concept for attributing criminalliability to military commanders and other superiors that isemployed with some frequency in the ad hoc international criminaltribunals. Nevertheless, it remains unclear for what the superioris actually blamed. The author argues that with respect to superiorresponsibility as construed in Article 28 ICC Statute the answerto this question depends on the form of superior responsibilityfor which the accused is found guilty. If the superior is heldresponsible for not having prevented or repressed the subordinate'scrime even though the superior knew of the crime, he or shecan be blamed for both, the criminal conduct of the subordinateand the wrongful consequence caused by it. For all other formsof superior responsibility, the superior can only be blamedfor his or her failure to exercise control properly, which resultedin a wrongful consequence, but not for the criminal conductof the subordinate.     

Are We Getting Value for Money from Behavioral Interventions for Offenders? A Research Note Reviewing the Economic Evaluation Literature

Public expenditure on the criminal justice system represents a significant fiscal burden to government worldwide, making the economic evaluation of interventions aimed at improving justice outcomes critical to informing resource allocation. This study systematically reviews and assesses the scope and quality of economic evaluations of behavioral interventions aimed at reducing reoffending. Only seventeen studies met the inclusion criteria, with wide variation in methodological approaches, including differences in costing perspectives, study design, and the definition of cost and outcome measures. The majority of behavioral interventions for offenders remain unevaluated from an economic perspective, representing a significant evidence gap for informing cost-effective and efficient allocation decision. Based on the studies reviewed, economic benefit can be derived from investing in offender behavioral programs. However, whether this investment represents ‘value for money’ remains unclear. What is clear is that economic evaluations in the justice health sector lag behind research in other areas of public policy.     

A National Survey of Mental Health Services Available to Offenders with Mental Illness: Who Is Doing What?

The purpose of this study was to examine the national practices of psychotherapy services for male offenders with mental illness (OMI) in state correctional facilities. Participants consisted of 230 correctional mental health service providers from 165 state correctional facilities. Results indicated that mental health professionals provided a variety of services to OMI that can be conceptualized by six goals considered important in their work: mental illness recovery, emotions management, institutional functioning, re-entry, risk-need, and personal growth. Mental health professionals in this study generally viewed mental illness recovery, institutional functioning, and personal growth as significantly more important and spent more time focused on these goals than emotions management, re-entry, and risk-need. Mental health professionals tended to believe the services they provided were effective across four key treatment foci including mental illness, skill development, behavioral functioning, and criminogenic needs with more progress perceived in areas related to mental illness and skill development than their ability to effectively change behavioral functioning. Implications of these findings and directions for future research are discussed.     

The crime of the century? The case for the Holocaust

With the twentieth century now ended the Holocaust is surelya leading contender for the title of ``The Crime of the Century.'Although a massive literature exists on the Holocaust, very littleof this literature has been produced by criminologists. Somereasons for this relative neglect are identified and a case ismade for the claim that criminology can contribute to anunderstanding of the Holocaust and that the Holocaust cancontribute to the development of a more profound criminology. Thispaper draws upon an integrative criminological approach toconstruct a framework for understanding the Holocaust. This multi-disciplinary framework links philosophical, sociolegal,sociological, behavioral and criminological dimensions todiscriminate between unique and non-unique aspects of the Holocaustas a case of genocide and as crime. The paper closes with someobservations on the relevance of the Holocaust for challengesconfronting a twenty-first century criminology.     

Procedural Justice for Victims and Offenders?: Exploring Restorative Justice Processes in Australia and the US

Sociolegal research indicates that when citizens perceive that legal processes and procedures are fair, both positive and negative legal outcomes will be viewed as acceptable. However, little is known about perceptions of fairness in informal contexts such as in restorative justice (RJ) practices and with victims (and offenders) who participate in these programs. Drawing on interviews with key actors engaged in post-conviction RJ programs for serious crimes in Australia and the USA, this paper asks, do post-conviction therapeutic RJ programs for violent crimes enhance procedural justice for victims and offenders? The data reveal that RJ is compatible with procedural justice for both victims and offenders. Specifically, RJ aids in correcting the harms created by the formal criminal justice system and, thus, satisfies and even greatly enhances procedural justice goals for both victims and offenders.     

The Evolving “Nature” of Environmental Risk: A Responsible Approach for Residential and Commercial Real Estate

Environmental losses suffered by commercial and residential real estate owners are becoming more frequent and severe due to evolving regulatory regimes and the changing global climate. This article reviews the nature of environmental risk, specifically within the context of a changing climate, and proposes the large-scale installation of green infrastructure as both a business opportunity for insurers and a responsible approach.     

The online defamation maze: are we finding a way out?

The main purpose of this paper is to examine the efficacy of the first decision that explored online defamation (as opposed to offline defamation) delivered by the Supreme Court of Japan. A discussion of the future implications of the case is then undertaken. The paper supports the First Instance (the Tokyo District Court) decision and its approach, and argues that such an approach might have provided greater implications for the future. The author also argues that the Tokyo District Court seems to have taken a more reflective view on the fluidity of online defamation and the nature of the online environment, and shows a degree of willingness to accept and incorporate such a nature. The author concludes that the Tokyo District Court's approach, although it could be seen as rather radical and extreme, seems to be more persuasive than that of the Supreme Court. It also submits that the court might have brought a more balanced and healthy outcome for the beneficiaries, including not only the claimants, the defendants, but also society as a whole. It is the case that innocent internet users can potentially be both the passive and active recipients of the information (i.e. comments posted on webpage). Before a detailed analysis and examination of the case is undertaken, a brief outline of how Japanese law and its jurisprudence have dealt with the traditional form of defamation (i.e. offline defamation) is provided as background.