Imperialism, crime and criminology: Towards the decolonisation of criminology

Cohen (1988) once concluded that it is ironic that critics in the West are identifying forms of social control that are more traditional in the Third World as better alternatives to the neo–classical and positivistic repressive traditions in the West while some suggest that what they found malignant in the West should be exported to the Third World as benign. In this paper, I am going beyond Western crime control models to examine the character of criminology itself as an imperialist science for the control of others.     

犯罪控制与人权保护

犯罪从根本上说是对人的权利的侵犯。惩罚犯罪、控制犯罪是人权保护的应有之义。然而,惩罚犯罪、控制犯罪语境中的人权保护主要是保护遭受犯罪侵害的被害人的权利。事实上,在作为惩罚犯罪载体的刑事诉讼中,人权保护的概念涉及犯罪嫌疑人、被告人、被害人和其他诉讼参与人的诉讼     

Towards an epigenetic approach to experimental criminology: The 2004 Joan McCord Prize Lecture

One of the numerous important contributions of Joan McCord to criminology was her long term follow up of an exceptionally well designed experimental prevention study initiated in the 1930s. Her work influenced a large number of longitudinal and experimental studies which form the basis of developmental and experimental criminology. The aim of this paper is to highlight how developmental criminology, experimental criminology, and developmental genetics (epigenetics) are starting to blend together to explain the causes of antisocial behavior, and more importantly to help prevent chronic antisocial behavior. The paper uses physical aggression as an example of a developmental outcome of gene–environment interactions.     

Crime Prevention,Crime Repression,and Policing: Attitudes of Police Recruits Towards Their Role in Crime Control

This article presents the initial results of a 5‐year longitudinal study of police officers’ attitudes about themselves, their profession, crime, and their role in society. The study sample was comprised of graduating classes at l'École Nationale de Police du Québec in 2003. Graduates completed an anonymous multiple choice questionnaire designed for a similar study conducted in the 1990s in France (Monjardet & Gorgeon, 1992, 1993, 1996, 1999). The complete study will track attitude change in these recruits over the first 5 years of their police careers. Results from the first year point to a change in officers’ attitudes resulting from the shock of actually working as police officers and the recruits’ preconceived notions of what police work would be like. Training and education could be adapted to better prepare police recruits for this transitional shock, including changes in mechanisms used to integrate recruits, improvements in police organizations, and increased organizational support for new members. We also suggest ways of identifying areas where continued education would improve the overall quality of police work.     

The state human trafficking and human rights issues in Africa

Internal factors in Africa which include limited autonomy of African states, the states’ various degrees of lack of capacity, as well as inept and parasitic leadership make human trafficking and human rights abuses in Africa inevitable. Regardless of the connections suggested to exist between globalization and human trafficking, internal factors in Africa are more fundamental than globalization in explaining human trafficking and the associated human rights violations. Corruption and misrule brought about wars and crises, unemployment, poverty, and diseases, all of which acted as push factors in disposing victims to be trafficked. Internal factors were exacerbated by the structural adjustment programs of the 1980s and were only deepened by the impacts of globalization. Any meaningful resolve to combat human trafficking and fight human rights abuses in Africa necessarily has to address the nature of state and the character of the leadership in the region.     

Seat belts and human rights: an appraisal

Mandatory seat belt legislation has been passed in 15 states. Accompanying this action has been a deluge of information concerning the lives saved and the injuries prevented by the wearing of seat belts by the front seat passengers in automobiles. This study presents data relating to the injuries and deaths attributable to their usage. There is virtually no major area of the adult body that has escaped such involvement. Mechanisms by which seat belt injury is effected are described in relation to the restraint systems currently available in the United States and abroad.     

New right,new left,new challenges: understanding and responding to neoconservatism in contemporary criminology

This essay examines the rise of neoconservative thought within criminological discourse from the enlightenment ‘quarrel’ with ancient philosophy and church supported scholasticism in the 1700s to the present day. From the perspective of criminology, it is argued that there is little new about the ‘new right’ with the exception that it has managed to galvanize itself as a popular retributionist alternative among the working class in the United States, Canada, and England. The current organization of social institutions in a modern ‘risk society’ facilitates the easy re-definition of the crises of late-modern capitalism into issues of social control. It is not surprising we find the right reinvigorated and prominent under these conditions. New left realism and crime control through social development are offered as competitive platforms from which to advance critique of barbaric right-wing crime-control policies. Despite all my rage, I am still just a rat in cage (Smashing Pumpkins 1996)     

Towards an EC directive on plant breeder's rights?

Legal context: Although ‘Brussels’ has established many Directivesand Regulations in the field of IP law during the last two decades,there is still no Council Directive on plant breeder's rights. Key points: The article first examines the current national plant varietyprotection laws in force in the EC Member States. It then focuseson some figures with regard to national applications and Communityapplications for plant breeder's rights filed in the years 2001–2005.Subsequently, it discusses a number of optional provisions laiddown in the 1991 UPOV Convention and it points out the manydifferences in national laws that result from this UPOV text.In particular, it draws attention to national differences withregard to the protection of products made directly from harvestedmaterial, the farmer's privilege, and the term of protection. Practical significance: The article concludes that national applications for plant varietyprotection still play a significant role next to Community applications.It argues that the establishment of a Directive would be worthconsidering, as the differences between the laws of the MemberStates lead to barriers to the free movement of goods and toa distortion of the conditions of competition on the commonmarket.     

Critical criminology,social justice,and an alternative view of incarceration

Despite its lack of general popularity, critical criminology continues to offer compelling criticism of the dominant paradigm of criminal justice. In this essay, critical criminology is presented along with its principal assertions, theoretical assumptions, and implications for social reform and criminal justice. The author argues that critical criminology provides a valuable theoretical backdrop for the analysis of incarceration, particularly its emergence as a form of local industry. Other developments pertinent to the political economy are also discussed, especially as they pertain to the shaping of patterns of unemployment and imprisonment.     

Effect of incarceration on criminality in the state of Minas Gerais,Brazil

Crime, Law and Social Change - Criminality is a major factor in reducing the well-being of the Brazilian population. As a result, many researchers and governments strive to discover what can reduce...     

Crime in transition: The post-Communist state, markets and crime

Given that the state was central to the Soviet Communism, the paths and practices of its transformation need to be carefully studied. This article probes the emerging dimensions of a new state-market-crime nexus. It explores processes leading to a substantial merger betweebn the transforming state and new, controlled markets, whereby both are shaped and suffused by state/corporate criminal organized interests. These processes confound the traditional dilemma of `too much' or `to little' state as the state and law are simultaneously undetermined and fortified, dwarfed and augmented, supplanted and made indispensable by the quasi marketization of corruption, crime, security and surveillance. This article serves as an introduction to the papers collected in the present volume.     

Advance directives and the persistent vegetative state in Victoria: a human rights perspective

With advances in medical technology, it is now possible to sustain the life of a person in a persistent vegetative state (PVS) until a decision is made to withhold or withdraw life-sustaining treatment. Who makes that decision? Under the Medical Treatment Act 1988 (Vic) there is no legally enforceable right for a person to choose, in advance, what intervention that person will and will not accept if he or she ends up in a PVS. The best that can be achieved is that a person can appoint an agent who is empowered to refuse medical treatment on the person's behalf in the event of incompetence. It is suggested that this mechanism ignores two fundamental human rights: self-determination and the inherent right to dignity. This article proposes the development of an advance directive mechanism that provides for a person to refuse, in advance, specified intervention, thereby respecting fundamental human rights and alleviating the existing need for an agent to second-guess a person's desires and best interests.     

Barcelona 2002: law, ethics, and human rights. HIV testing for peacekeeping forces: legal and human rights issues

In 2001, the United Nations Security Council established an Expert Panel to study the issue of whether the UN should institute HIV testing of peacekeeping personnel. This article, based on a 9 July 2002 presentation to the XIV International AIDS Conference (abstract TuOrG1173), reports on the findings of a paper prepared for the Expert Panel by the Canadian HIV/AIDS Legal Network. The paper examined whether it is permissible for the UN to implement mandatory HIV testing of its peacekeeping personnel, and whether HIV-positive UN peacekeeping personnel should be excluded or restricted from service on the basis of their HIV status or HIV disease progression. The article describes some of the court cases in which these issues have been considered; discusses the importance of analyzing such issues in the context of a human rights-based approach to the pandemic; and formulates a series of key principles for guiding UN decision-making. The article concludes that a policy of mandatory HIV testing for all UN peacekeeping personnel cannot be justified on the basis that it is required in order to assess their physical and mental capacity for service; that HIV-positive peacekeeping personnel cannot be excluded from service based on their HIV status alone, but only on their ability to perform their duties; and that the UN cannot resort to mandatory HIV testing for all UN peacekeeping personnel to protect the health and safety of HIV-negative personnel unless it can demonstrate that alternatives to such a policy would not reduce the risk sufficiently. In the end, the Expert Panel unanimously rejected mandatory testing and instead endorsed voluntary HIV counselling and testing for UN peacekeeping personnel.