Anomie and Violence in Indonesia and Timor-Leste, 1997�C2009

The Indonesian social system began to disintegrate in 1997. In the aftermath of social collapse, many forms of state crime, organized crime, terrorism, ethnic violence, religious violence, assassinations and other political violence escalated. An anomie theory interpretation is offered of this rise and the subsequent fall of a complex of serious crime problems. Security sector reintegration, reintegration of perpetrators and reconciliation (without truth) played important parts in enabling the rebuilding of institutions of security.     

A Situational Model for Distinguishing Terrorist and Non-Terrorist Aerial Hijackings, 1948–2007

Despite the centrality of situational variables to crime theories, they remain uncommon in criminology. Based on the hypotheses drawn from the literature on situational determinants of crime, we examine whether aerial hijackings perpetrated by terrorists are situationally distinct from other aerial hijackings. We define terrorist hijackings as those that include threatened or actual use of illegal force or violence to attain a political, economic, religious or social goal through fear, coercion, or intimidation. Other aerial hijackings include those perpetrated for transportation or extortion purposes. Using a newly updated dataset, we examined 1,019 aerial hijackings that occurred around the world from 1948 to 2007, out of which we classified 122 as terrorism. Results provide strong support for the argument that situational factors measuring organizational resources distinguish terrorist from non-terrorist aerial hijackings, and partial support for the argument that situational factors measuring publicity distinguish these events.     

Toys for the Boys? Drones,Pleasure and Popular Culture in the Militarisation of Policing

This paper argues that the various and contradictory rationales offered for law enforcement drones are symptomatic of a ‘weapons fetish’ evident in popular culture. This fetishisation imbues military technology such as the drone with masculine fantasies of control and domination that obscure the practical limitations and ethical implications of drones for crime control and prevention. By linking the pleasures of militarism to crucial shifts in the social and economic order, the paper argues that counter-terrorism discourse functions to legitimate the militarised masculine subject positions of paramilitary policing specifically and the neoliberal state generally. In such a context, the drone features as a regressive ‘weapon-toy’ that fuses state control with technological transcendence.     

The thin blue line meets the big blue sky: perceptions of police legitimacy and public attitudes towards aerial drones

Police departments across the United States are now integrating new visual monitoring technology (e.g. unmanned aerial vehicles [UAVs or ‘drones’], body cameras) into routine police practices. Despite their potential use in multiple areas of proactive and reactive policing, public attitudes toward police use of UAVs, and visual monitoring technology overall, is mixed. As an extension of previous research, the current study uses a national survey to assess how well individuals’ perceptions about police legitimacy, effectiveness, and other criminal justice attitudes predict the level of public receptivity and opposition toward police UAV use in various contexts. The implications of these findings for public policy and law enforcement practices are discussed.     

Foucault, Law, and Power: A Reassessment

After raising doubts about Foucault's approach to law-power, in the light of various acts of religion-inspired violence on and after 11 September 2001, a case is made against this approach, based on the charge that Foucault ties law far too tightly to what he calls negative power. He makes law part of juridico-sovereignty power, a form of power he regards as outmoded, with an outmoded commitment to sovereignty and the state. It is argued that in attempting to separate law from what he sees as the positive power of modern governmentality, Foucault never understands law's role as a part of a crucial balance - between political power, military power, the social, the cultural, the legal, and the economic - a balance that tries to achieve both individual freedom and the security to enjoy that freedom. An alternative way of understanding law, and of understanding sovereignty and the state - the state under the rule of law - is presented as a much better route to an appreciation of law's part in the balance.     

Law of Denial

Law’s claim of mastery over past political violence is frequently undermined by reversals of that relationship of mastery, so that the violence of the law, and especially its symbolic violence, becomes easily incorporated into longues durées of political violence, rather than mastering them, settling them, or providing closure. Doing justice to the past, therefore, requires a political and theoretical attunement to the ways in which law, in purportedly attempting to address past political violence, inscribes itself into contemporary contexts of violence. While this may be limited to an analysis of how law is an effect of and affects the political, theoretically this attunement can be further refined by means of a critique of dynamics that are internal to law itself and that have to do with how law understands its own historicity, as well as its relationship to history and historiography. This article aims to pursue such a critique, taking as its immediate focus the ECHR case of Perinçek v Switzerland, with occasional forays into debates around the criminalisation of Armenian genocide denialism in France. The Perinçek case concerned Switzerland’s criminalisation of the denial of the Armenian genocide, and concluded in 2015 after producing two judgments, first by the Second Chamber, and then by the Grand Chamber of the ECHR. However, although they both found for the applicant, the two benches had very different lines of reasoning, and notably different conceptions regarding the relationship between law and history. I proceed by tracing the shifting status of ‘history’ and ‘historians’ in these two judgments, and paying attention to the deferrals, disclaimers and ellipses that structure law’s relation to history. This close reading offers the opportunity for a critical reappraisal of the relationship between law, denial and violence: I propose that the symbolic violence of the law operative in memory laws is a product of that which remains unresolved in law’s understanding of historicity (including its own), its self-understanding vis-à-vis the task of historiography, and its inability to respond to historical violence without inscribing itself into a history of violence, a process regarding which it remains in denial.

     

Religion, State Power, and Domestic Violence in Muslim Societies: A Framework for Comparative Analysis

This article focuses on the issue of domestic violence in Muslim societies in the Middle East, Africa, and Asia. The analytical framework is comparative, emphasizing four factors and the interplay among them: shari'a (Islamic law), state power, intrafamily violence, and struggles over women's rights. The comparative approach historicizes the problem of domestic violence and impunity to consider the impact of transnational legal discourses (Islamism and human rights) on "local" struggles over rights and law. The use of shari'a creates some commonalities in gender and family relations in Muslim societies, notably the sanctioning and maintenance of male authority over female relatives. However, the most important issue for understanding domestic violence and impunity is the relationship between religion and state power. This relationship takes three forms: communalization, in which religious law is separate from the national legal regime; nationalization, in which the state incorporates religious law into the national legal regime; and theocratization, in which the national legal regime is based on religious law.     

The Targeted Killing Judgment of the Israeli Supreme Court and the Critique of Legal Violence

The targeted killing judgment of the Israeli Supreme Court has, since it was handed down in December 2006, received a significant amount of attention: praise as well as criticism. Offering neither praise nor criticism, the present article is instead an attempt at a ‘critique’ of the judgment drawing on the German-Jewish philosopher Walter Benjamin’s famous essay from 1921, ‘Critique of Violence’. The article focuses on a key aspect of Benjamin’s critique: the distinction between the two modalities of ‘legal violence’—lawmaking or foundational violence and law-preserving or administrative violence. Analysing the fact that the Court exercises jurisdiction over these killings in the first place, the decision on the applicable law as well as the interpretation of that law, the article finds that the targeted killing judgment collapses this distinction in a different way from that foreseen by Benjamin. Hence, the article argues, the targeted killing judgment is best understood as a form of administrative foundational violence. In conclusion Judith Butler’s reading of Benjamin’s notion of ‘divine violence’ is considered, particularly his use of the commandment, ‘thou shalt not kill’, as a non-violent violence that must be waged against the kind of legal violence of which the targeted killing judgment is exemplary.     

Law, Politics, and Violence Against Women: A Case Study of Palestinians in Israel

Major controversies regarding the value of legal and policy reforms have accompanied research on wife battering and social reactions to it. The present study examines the utility of law enforcement and emphasizes the relationship between gender, culture, and politics. It points to the difficulties arising from the shift from private, traditional methods of dealing with violence against women to a more public approach characterized by intervention of the state and the criminal justice system. In this connection, it was hypothesized that enforcement of the Israeli Law Against Family Violence among the oppressed and discriminated Palestinian minority generates new conflicts within the group, exacerbating control and abuse and re-victimizing women. Social control agents (formal and informal) who were interviewed about their perceptions and attitudes regarding the applicability of such a law pointed to obstacles created by sociocultural variables, the political legacy and procedural barriers. An attempt is made to show that application of the law without prior preparation and understanding of its sociocultural and political ramifications may produce adverse effects at the victim's expense. That is, unless power struggles, cultural pressures, and political priorities are taken into consideration, criminal strategies that seek to eliminate abuse may prove to be dangerous.     

The Legal Context of School Violence: The Effectiveness of Federal, State, and Local Law Enforcement Efforts to Reduce Gun Violence in Schools

In the wake of recent school shootings, communities and legislatures are searching for law enforcement solutions to the perceived epidemic of school violence. A variety of legal measures have been debated and proposed. These include: the enactment of tougher gun control laws and more vigorous federal and local enforcement of existing gun control laws; the enactment of laws imposing civil or criminal liability on parents for their children's violent behavior; the establishment of specialized courts and prosecution strategies for handling juveniles who are charged with weapons offenses; stricter enforcement of school disciplinary codes; reform of the Individuals with Disabilities Education Act to make it easier to expel students for weapons violations; and greater use of alternative schools as placements for students who are charged with weapons violations.
  This article provides a legal and empirical analysis of proposed legislation in these areas as informed by social science research on the patterns of school violence, gun acquisition by juveniles, and the effectiveness of various laws and law enforcement measures. It proposes and discusses recommendations for legal reform. While efforts to reduce school violence will be most effective at the state and local levels, the United States federal government has an important role to play, particularly in federal‐state partnerships aimed at disrupting illegal gun markets, and through the formulation of national standards and guidelines. These standards and guidelines are for the enforcement of existing laws; inter‐agency law enforcement cooperation and information‐sharing (particularly using computer‐based analysis); effective school discipline and alternative educational settings for disruptive youth; and psycho‐educational interventions designed to detect and prevent school violence in the first place.     

Violence in Fascist Criminal Law Discourse: War, Repression and Anti-Democracy

This article constructs a critical historical, political and theoretical analysis of the essence of Fascist criminal law discourse in terms of the violence that shaped and characterised it. The article examines the significance of violence in key declarations about the role and purpose of criminal law by Alfredo Rocco, Fascist Minister of Justice and leading ideologue, in his principal speech on the final draft of the 1930 Italian Penal Code. It is grounded on the premise that criminal law is particularly significant for understanding the relationship between State power and individuals, and so what was distinctive about Fascist thinking in this regard. The article analyses Rocco’s declarations as a discourse in order to highlight their contextual foundations, construction and ideological connections. It argues that the core theme of that discourse is violence, which has three principal dimensions: a close historical and rhetorical connection with war, a focus on repressive and intimidatory force, and a paramount concern with subordinating individuals to State interests. The article then uses this analysis to develop a theoretical reading of the nexus between criminal law and violence in Fascism, in terms of its foundations and reversal of ends and means. The article thus provides an original perspective on Fascism and criminal law, which it argues is important for critical engagement with criminal law discourse in our democracies today.     

A research review of public figure threats, approaches, attacks, and assassinations in the United States

The authors review extant research on threats, approaches, attacks, and assassinations of public figures in the United States. Despite the limited number of studies, data exist concerning: 1) threatening letters and approaches to celebrities; 2) attacks and assassinations of public figures, usually the President of the United States; 3) threats and approaches to legislative members of state and federal governments; and 4) threats, approaches, and attacks against federal judicial officials. Similarities and differences across the various studies are discussed. Consistent findings across the studies indicate that direct threats toward the target are unusual and are often correlated negatively with an approach or attack; a significant proportion of subjects are mentally ill and have criminal histories; many subjects evidenced a downward spiral in their lives in the months or year before their approach or attack; and if an attack occurred, it was predatory (instrumental, premeditated) rather than affective (emotional, reactive), and the weapon of choice was a firearm, usually a handgun. Operational guidance and further research recommendations are made.     

Forms of Authority Beyond the Neoliberal State: Sovereignty,Politics and Aesthetics

Critical legal scholarship has recently turned to consider the form, mode and role of law in neoliberal governance. A central theme guiding much of this literature is the importance of understanding neoliberalism as not only a political or economic phenomenon, but also an inherently juridical one. This article builds on these conceptualisations of neoliberalism in turning to explore the wider historical, cultural and sociological contexts which inform the production of neoliberal authority. The papers in this collection were first presented at the symposium ‘Forms of authority beyond the neoliberal state’, held at the Griffith Law School in December 2017. They consider the role of the corporation, the site of the university, the politics of debt, the genre of prestige television, and the archic sources of state violence, in order to imagine forms of authority which lie beyond neoliberalism as an ideology and a set of practices, and the ensemble of institutions which constitute the neoliberal state. The contributions draw on social theory, philosophy, cultural studies, legal geography and political theology in exploring new possibilities for cultivating judgement through and beyond the sovereign, political and aesthetic terrains of neoliberal governance.     

Making Meaning of Megan's Law

This study of Megan's Law contrasts scholarly narratives that describe and analyze sexual predator laws with a case study of implementation in New Jersey. A critical feminist perspective shows that Megan's Law employs a radically underinclusive notion of sexual violence that conflicts sharply with feminist arguments about the cultural and institutional roots of sexual violence. The law excludes many of the most common offenders from reach of the law, thus deflecting attention away from assaults committed by family and friends in favor of reviving stereotypes about deviant strangers. The most significant effect of Megan's Law is not to expand the power of the punitive state but to advance a political and legal interpretation of rape that undermines the basis for and gains made by feminist rape law reforms of the 1970s.     

A comprehensive micro unmanned aerial vehicle (UAV/Drone) forensic framework

In the early 1990s, unmanned aerial vehicles (UAV) were used exclusively in military applications by various developed countries. Now with its ease of availability and affordability in the electronic device market, this aerial vehicular technology has augmented its familiarity in public and has expanded its usage to countries all over the world. However, expanded use of UAVs, colloquially known as drones, is raising understandable security concerns. With the increasing possibility of drones' misuse and their abilities to get close to critical targets, drones are prone to potentially committing crimes and, therefore, investigation of such activities is a much-needed facet. This motivated us to devise a comprehensive drone forensic framework that includes hardware/physical and digital forensics, proficient enough for the post-flight investigation of drone's activity. For hardware/physical forensics, we propose a model for investigating drone components at the crime scene. Additionally, we propose a robust digital drone forensic application with a primary focus on analyzing the essential log parameters of drones through a graphical user interface (GUI) developed using JavaFX 8.0. This application interface would allow users to extract and examine onboard flight information. It also includes a file converter created for easy and effective 3D flight trajectory visualization. We used two popular drones for conducting this research; namely, DJI Phantom 4 and Yuneec Typhoon H. The interface also provides a visual representation of the sensor recordings from which pieces of evidence could be acquired. Our research is intended to offer the forensic science community a powerful approach for investigating drone-related crimes effectively.     

What's So Special about Specialized Courts? The State and Social Change in Salt Lake City's Domestic Violence Court

The nationwide growth in specialized or problem‐solving courts, including drug courts, community courts, mental health courts, and domestic violence courts, among others, raises questions about the role of the state with respect to social change. According to social control theories of the state, especially theories of technocratic or rationalized justice, law is increasingly about efficiency, speed, and effectiveness. Specialized courts, however, take on a social problem approach to crime, seeking to address crime's “root causes” within the individual, the society, and the larger culture in ways more characteristic of social movements. Are specialized courts about social control or social change? This study examines state action in a specialized court in domestic violence in order to examine this question. I focus on a domestic violence court that arose in February 1997 and four years later employed full‐time judges, prosecuting and defense attorneys, and numerous other staff to handle all misdemeanor domestic violence cases in Salt Lake County, Utah. I ask how legal, political, and community officials justify the court and its operation in order to examine some important issues about the role of the state and social change. Ultimately, I suggest that my findings about the complementary roles of social control and social change within domestic violence courts have implications not only for critical theories of technocratic justice and for the battered women's movement but also for democratic theories of the state.     

The Brazilian Landless Movement,Resistance, and Violence

Throughout Brazil, landless resisters are being violently victimized at the discretion of large landowners. The main goals of this article are to (1) Explain the historical and current conditions that have facilitated the violent oppression experienced by the landless movement, (2) illustrate the mass violence experienced by the landless population, (3) provide a review of the existing research regarding the relationship between land reform, violence, and state strength, (4) introduce a new explanation of decentralized state power in relationship to the persistence of violence against the landless movement. I explore the Brazilian landless movement through content analyses, fieldwork, and a review of existing data. The approach used to study and understand the powers associated with the landless movement is unique to the existing literature of the Brazilian landless movement in that it moves beyond advocacy towards a criminological and political analysis.     

Law, Struggle, and Political Transformation in Northern Ireland

This article analyses the role of law as an element of the Republican Movement's violent and political struggle during the Northern Ireland conflict. The trials and legal hearings of paramilitary defendants, the use of judicial reviews in the prisons, and the use of law in the political arena are chosen as three interconnected sites which highlight the complex interaction between law and other forms of struggle. The author argues that these three sites illustrate a number of themes in understanding the role of law in processes of struggle and political transformation. These include: law as a series of dialogical processes both inside and outside a political movement; law as an instrumental process of struggle designed to materially and symbolically 'resist'; and the constitutive effects of legal struggle upon a social and political movement. The article concludes with a discussion as to whether or not Republicans' emphasis upon 'rights and equality' and an end to armed struggle represents a 'sell out' of traditional Republican objectives.     

Muslim Mandarins in Chinese Courts: Dispute Resolution,Islamic Law,and the Secular State in Northwest China

Many sociolegal studies have investigated the relationship between state law and informal law, examining alternative dispute resolution and popular justice as intersections between such types of law. However, such questions have received little attention in East Asian authoritarian states. I use the case of dispute resolution among Chinese Muslim minorities (the Hui) to reexamine the relationship between state law and Islamic law. Based on nineteen months of fieldwork in Northwest China, I argue that the Hui case shows codependence between the types of law. Law is deeply embedded in social relationships between the Hui and the party‐state. An analysis of personalistic relationships shows the ways in which religious and secular authorities access each other, transforming each other's law to augment their own legitimacy, but not without the potential for violence. The China case illuminates dynamics between Muslim communities and states that are prevalent elsewhere in the post‐9/11 period.     

State Crime,the Prophetic Voice and Public Criminology Activism

State crimes are, by far, the most destructive of all crimes. The use and threat to use nuclear weapons, the aerial bombardment of civilians, wars of aggression, torture, the failure to mitigate global warming and adapt to climate change ecocide, along with myriad other state-corporate crimes, fill the world with death and devastation, misery and want. This article argues that criminologists have a responsibility to act as public criminologists by speaking in the “prophetic voice” concerning these crimes and their victims, and then acting in the political arena in an attempt to control and prevent these harms. The paper briefly describes three approaches to engaging in what Belknap (Criminology 53:1–23, 2015) calls “criminology activism” on these issues. The first approach is for criminologists to counter the cultures of denial and normalization that usually cover state crimes. The second involves contesting the global corporate capitalist system and the power of the American capitalist state in an effort to achieve specific progressive policy reforms and structural changes in the global political economy. Finally, criminologists can work to enhance the democratization of the international political community and strengthen the ability of specific international legal institutions to control state crimes.