The economics of crime and criminal law: An antithesis to sociological theories?

The relationship between sociology and economics of crime has been dominated by mutual prejudice and misunderstanding. This paper tries to contribute to a change of this stale of affairs by showing that, on the one hand, the economics of crime does not as a method imply politically conservative policy recommendations and, on the other hand, that insights of the sociology of crime may enrich the economic approach considerably. This is done via a brief survey of the economics of enforcement, the literature on the relation of income distribution and unemployment on crime, and the literature relating sociological theories of crime to methodological individualism.     

The prosecution of bias crime in the Netherlands and the problem of net-widening: fundamental limits to criminal liability

Crimes that are committed with bias motives are categorised as ??hate?? or bias crimes and are punished more severely than nonbias crimes. However, bias crime laws are often applied to offences where there is no clear evidence of a bias motive. Based on the results of 318 case studies into bias crime prosecutions in the Netherlands, this paper demonstrates that the causes of net-widening should be sought in the action-oriented nature of criminal law reasoning. Decision makers rely on objective behavioural indicators to infer motives. However, these are rarely reliable. We argue that this process results in a transformation of bias crime laws. They are no longer used to punish harmful motives. Rather, they are used to combat behaviour that is considered socially harmful on account of its perceived intolerant, racist or xenophobic message. This forces us to reconsider the justification behind trying to punish motive.     

The possible forms of professionalism: credibility and the performance of queer sexualities among barristers in England and Wales

This article constitutes the first account of sexual minority barristers’ experience of and relation to professionalism at the Bar. Drawing on survey and interview data, it presents the Bar as a site of heteronormativity, where masculinist heterosexuality is pervasively assumed and publicly valorized. The ‘credible’ barrister – authoritative, respected, competent – is constructed as heterosexual. In this context, sexual minority barristers risk a loss of credibility in coming out or being out in the workplace. Our data presents mechanisms by which these individuals manage the public expression of their sexuality. Some – in contrast to heterosexual colleagues – deny entirely the professional relevance of their sexuality. Others adopt assimilationist strategies, curating a ‘credible’ public persona: out, but otherwise conforming to heteronormative expectations and values. While the data includes exceptions that give cause for hope, many sexual minority barristers experience professionalism as pressure to render their sexuality effectively invisible, at significant cost personally and professionally.     

Terror in the courts: Beginning to assess the impact of terrorism-related prosecutions on domestic criminal law and procedure in the USA

This article explores some of the possible influences of the “war on terror.” It asks whether civilian criminal prosecutions of terrorism-related offenses or suspects may shape or distort domestic criminal law and procedure in the USA. The article identifies issues that may tend to arise in terrorism-related cases and suggests categories of prosecutions that may be more or less likely to influence the development of domestic law. It ends with several specific suggestions for further research.     

Cognitive‐Behavioral Methods in High‐Conflict Divorce: Systematic Desensitization Adapted to Parent–Child Reunification Interventions

Children who are triangulated into their parents' conflicts can become polarized, aligning with one parent and rejecting the other. In response, courts often order families to engage mental health professionals to provide reunification interventions. This article adapts empirically established systematic desensitization and flooding procedures most commonly used to treat phobic children as possible components of a larger family systems invention designed to help the polarized child develop a healthy relationship with both parents. Strengths and weaknesses of these procedures are discussed and illustrated with case material.

Key Points for the Family Court Community
• Family law and psychology agree that children should have the opportunity to enjoy a healthy relationship with both parents
• Adult conflict can polarize a child's relationships, including rejection of one parent
• Existing clinical and forensic “reunification” strategies often prove inadequate
• Reliable and valid cognitive behavioral methods can be adopted to facilitate this process
• A cognitive‐behavioral “exposure‐based” reunification protocol is discussed

     

Regulating Complex Contracting: A Socio‐legal Study of Decision‐Making Under EU and UK law

The article evaluates interview data on decision‐making under public procurement law using Halliday's analytical model on compliance with administrative law. In this study, unlike other studies on administrative compliance, the decisions faced by public bodies are not routine; they relate to the award of complex, high‐value contracts. Two contrasting decisions in the procurement process are discussed: the decision over the choice of procedure at the outset of the process, and the decision over the extent to which the public body should negotiate with the winning bidder towards the end of the process. The article considers the rationales behind decisions, and finds that, although public bodies are generally predisposed to comply, legal uncertainty means the relevance of commercial pressures and challenge risk impact heavily on approaches to compliance, even shaping understanding of what compliant behaviour actually is.     

Murder Followed by Suicide: Filicide–Suicide Mothers in Italy from 1992 to 2010

The international literature shows that in 40–50% of the cases, homicides–suicides involving children under the age of 10 are committed by mothers. Here, we report some results on homicides–suicides, in the mother–child relationship, occurred in Italy between 1992 and 2010. We examined 36 cases of filicide–suicide mothers by consulting the archives of RAI, daily newspapers, and the ANSA news agency. We focused on: mothers and children's age, place of residence, date and place of the murder, number and sex of the murdered children, and modality of the homicide–suicide. At the time of the homicide–suicide, the average age of mothers was 35.4. The number of children killed by each mother was one, except in seven cases. All the women had underestimated psychopathological disorders and only six women were regularly treated. The dynamics and characteristics of the events were much more similar to suicides than homicides, so we can consider them as “extensive suicides.”     

Cattle‐Caused Fatalities in a Province of Western Turkey: 1996–2010 Autopsy Results

Cattle‐caused injuries and deaths are much more than predicted. The aim of this research is to determine the prevalence of cattle‐caused fatalities and the factors affecting it in a province of western Turkey. The court files on cattle‐caused fatalities during a 15‐year period between 1996 and 2010 were explored. The proportion of forensic‐qualified deaths from the total of 3753 was 0.9% (35/3753). Most of the cases were between the ages of 18 and 65 (60%). Most deaths occurred in the spring and summer months compared with autumn and winter months (9 and 22 vs. 3 and 1, respectively). The mortality rate was much higher in men compared with women (94.3% and 5.7%, respectively). The majority of deaths were caused by injuries on the chest (71.4%). The reason for most deaths was due to hemopneumothorax and lung injury (71.4%). Predicting the behavior of cattle may not always be possible, as such, it is advisable that one wears protective equipment when dealing with cattle.     

Effectiveness of a risk–need–responsivity‐based treatment program for violent and sexual offenders: Results of a retrospective,quasi‐experimental study

Purpose

Relapse prevention is an important goal in correctional settings. Although there is strong evidence for the effectiveness of certain treatment programs for juvenile offenders, those for adults lack such evidence. This study evaluated the effectiveness of a risk–need–responsivity (RNR)‐based intervention.

Methods

A quasi‐experimental, observational study design and cox regression analysis were used to compare treated violent and sexual offenders (n = 171) with untreated offenders (n = 241).

Results

Both groups were observed for an average of 7.9 years. Recidivism rates of treated offenders (11.7%, n = 20) were similar to those of control offenders (15.8%, n = 38; p = .25). When controlling for confounding variables, the hazard of recidivism in the treatment group was 5.2% lower than that in the control group. Subdividing the treatment group resulted in lower hazard ratios for offenders still in therapy when released and offenders cancelling therapy. However, none of the group differences was statistically significant.

Conclusion

Our results show that control and RNR‐based treatment groups had comparable recidivism rates with a trend towards a positive treatment effect, especially for people in outpatient treatment. However, criminal history, age at the start of follow‐up, and actuarial risk of recidivism were significantly associated with recidivism. Future research needs to apply elaborate methodological approaches to detect robust treatment effects and consider different criteria of treatment effectiveness. Furthermore, the influence of prison climate, motivational factors, intervention quality, and factors supporting the success of outpatient treatment should be considered in future studies of larger offender samples.