Overhearing the Planning of A Crime: Do Adults Outperform Children As Earwitnesses?

This study examined the reliability of earwitnesses using an ecologically realistic experimental set-up. A total of 282 participants, distributed over three age-groups (7–9 vs. 11–13 year olds vs. adults), were exposed to an unfamiliar voice for 40 seconds. After a two week delay, they were presented with a 7-voice lineup. Half of the participants were exposed to a target-present lineup (TP), and the other half to a target-absent lineup (TA). For both types of lineups the participants performed poorly. In the TP-condition only the 11–13-year olds (with 27% correct identifications) performed above chance level. Furthermore, in the TA-condition all age-groups showed a high willingness to make an identification (overall mean = 53%). For both groups of children, voice identification co-varied significantly with speaking rate and pitch level, as did pitch variation for the youngest children. Neither factor correlated significantly with the adults’ identifications.     

Do Guarantees of Non-Recurrence Actually Help to Prevent Systemic Violations? Reflections on Measures Taken to Prevent Domestic Violence

Netherlands International Law Review - This article assesses the effectiveness of guarantees of non-recurrence to prevent the recurring, systemic violation of domestic violence. I consider whether...     

Should the EU Protect Democracy and the Rule of Law inside Member States?

Against the background of recent developments in Hungary, the article discusses the question whether the European Union ought to play a role in protecting liberal democracy in Member States. First, it is argued that the EU has the authority to do so, both in a broad normative sense and in a narrower legal sense (though the latter is more likely to be disputed). The article then asks whether the EU has the capacity to establish a supranational militant democracy; here it is argued that at the moment both appropriate legal instruments and plausible political strategies are missing. To remedy this situation, the article proposes a new democracy watchdog, analogous to, but more powerful than, the Venice Commission. Finally, it is asked whether EU interventions would provoke a nationalist backlash. There is insufficient evidence to decide this question, but the danger of such a backlash probably tend to be overestimated.     

The Duty to Protect the Victim – Or the Duty to Suffer Punishment?

This paper addresses The Ends of Harm by Victor Tadros. In it, I attempted to explore some of the implications of Tadros’s theory of punishment, particularly those following from the uneasy relationship between punishment of the offender (D) and D’s duty to protect the victim (V) from future harm. Among my concerns were: the apparent underinclusiveness of Tadros’s theory of punishment; the vague and unpredictable scope of D’s liabilities; the taking away by the state of V’s right to be protected; and the lack of inherent limitations on the appropriate forms and amounts of punishment. I also questioned the true meaning of the duty incurred by D as a result of D’s wrongdoing and suggested that protection of Vs from future harm may not be as essential to Tadros’s justification of punishment as he has argued.     

Do Judicial Responses to Restraining Order Requests Discriminate Against Male Victims of Domestic Violence?

Every state in the United States authorizes its courts to issue civil orders of protection for victims of domestic violence. Ideally, restraining orders should be available to all victims. However, consistent with the patriarchal paradigm, research suggests that judicial responses to domestic violence temporary restraining order (TRO) requests may be sex-differentiated. This paper reports on a study that explored equal protection issues in family law by evaluating gender and violence profiles of a random sample of 157 TRO petitions involving intimate partners, dating couples, and married persons in a California district court. The majority of cases involved allegations of low or moderate levels of violence perpetrated by male defendants against female plaintiffs. Although there were no systematic differences in level of violence as a function of plaintiff sex, judges were almost 13 times more likely to grant a TRO requested by a female plaintiff against her male intimate partner, than a TRO requested by a male plaintiff against his female partner. Further analyses revealed that this sex differentiation was limited to cases involving allegations of low-level violence.

How Do the Laws of Probability Constrain Legislative and Judicial Efforts to Stop Racial Profiling?

Faced with pending legislation and litigation, numerous jurisdictionshave begun programs to monitor a range of traffic stop outcomes,focusing on variation by race or ethnicity. Existing programs,however, ignore the unequal outcomes that motivate oppositionto racial profiling. Statistical relationships limit the abilityof public policy to equalize the various outcomes, even if officersdo not engage in racial profiling to "any extent or degree."This article demonstrates relationships among five outcomesthat are or should be considered when policy on racial profilingis formulated: search rates, find rates, thoroughness of search,rates of detention of the innocent, and rates of apprehensionof the guilty. Once decisions are made as to how to balancedesires for equality of each of these outcomes, problems remainthat are common to statistical assessments of pattern- or practice-of-discriminationclaims.     

Access to Documents,Accountability and the Rule of Law—Do Private Watchdogs Matter?

: The ECJ has not so far developed a single, consistent approach to cases in which the right to access official documents is exercised by individuals and organisations pursuing their individual cause (private watchdogs). While in some cases the Luxembourg jurisprudence has followed a restrictive approach, supporting interests and secondary law provisions conflicting with transparency, in other it has unconditionally endorsed a supreme character of the access right. This contribution confronts both of the approaches whenever the access right exercised by private watchdogs has clashed with confidentiality stemming from secondary law provisions: from state aid, staff rules, data protection, antitrust and beyond. The article argues that most often the judicial standard restricting the access right interferes with a feedback relationship between transparency, accountability and the rule of law. This relationship, when properly construed and appraised, may form a basis for an arguably more uniform and stable judicial standard.     

Acquisitive Crime and Inflation in the United States: 1960–2012

Objectives

Inflation is conspicuous by its absence from recent research on crime and the economy. We argue that price inflation increases the rate of crimes committed for monetary gain by fueling demand for cheap stolen goods.

Methods

The study includes inflation along with indicators of unemployment, GDP, income, consumer sentiment, and controls in error correction models of acquisitive crime covering the period from 1960 to 2012. Both short- and long-run effects of the predictors are estimated.

Results

Among the economic indicators, only inflation has consistent and robust short- and long-run effects on year-over-year change in the offense types under consideration. Low inflation helps to explain why acquisitive crime did not increase during the 2008–2009 recession. Imprisonment rates also have robust long-run effects on change in acquisitive crime rates.

Conclusions

Incorporating inflation into studies of crime and the economy can help to reduce the theoretical and empirical uncertainty that has long characterized this important research area in criminology.

     

What Did the Janitor Do? Suggestive Interviewing and the Accuracy of Children's Accounts

Examined the influence of suggestive interviews on 5- to 6-year-old children's reports and recollections of an adult's behavior. Children (29 girls, 27 boys) witnessed a confederate, acting as a janitor, either clean or play with toys. An hour later they were interviewed in succession by the janitor's boss, by an experimenter, and by their own parent. Parents interviewed their child again 1 week later. The boss and experimenter interviewed the child in one of three ways: neutral (nonleading), incriminating (suggesting the janitor was bad and playing on the job), or exculpating (suggesting the janitor was good and doing his job of cleaning). When these interviews were neutral, children consistently gave accurate accounts of the janitor's behavior. When these interviews were suggestive, children's accounts shifted strongly in the direction of suggestion as the interviews progressed. By the end of the suggestive interviews, children's accounts uniformly corresponded to the interviewers' suggestions, even when the suggestions were inconsistent with what actually happened. These effects of suggestion persisted during the two nonleading parent interviews.     

Humanitarian workers in peril? Deconstructing the myth of the new and growing threat to humanitarian workers

In the last few years, insecurity for relief workers has become a matter of great concern and a central issue in aid policy debates. Explanation for such a widespread anxiety is the claim that international humanitarian organisations are facing a new type of threat, while operating in increasingly hostile environments. This article explores the construction of humanitarian insecurity as a new and growing threat. Drawing on historical material, we suggest that the departure from ‘the past’ is not as pronounced as it is suggested by experts and commentators on this issue, and that the perceived deterioration of operating environments is questionable. The article concludes that the tendency to report humanitarian insecurity in catastrophic rather than analytical terms can create more problems than resolve them, in effect deepening the conditions for some of the challenges that humanitarian actors face today.     

Do Androids Dream of Electric Free Speech? Visions of the Future of Copyright,Privacy and the First Amendment in Science Fiction

Science fiction authors have long projected the future of technology, including communication devices and the way in which future societies may use them. These visions of future technology, and their implications on the future of media law and policy, are explored in three areas in particular – copyright, privacy and the First Amendment. Themes examined include moving toward massively open copyright systems, problems of perpetual surveillance by the state, rights of obscurity in public places threatened by wearable and implantable computing devices, and free speech rights of autonomous machines created by humans. The essay concludes with a rebuttal to recent critics of legal scholarship by suggesting the value in exploratory, forward-looking research that examines the problems judges and policymakers may be addressing in the near and distant future.     

Shortcomings in the Operation and Coordination of Witness Protection in Australia. Where to from Here?

Criminal Law Forum - Witness protection in Australia has, to date, been less than successful in implementation and execution. An ad hoc system of Commonwealth and state/territory witness protection...     

Are Transition Houses Equipped to Meet the Needs of Women in Midlife and Older?

This study addresses the extent to which transition houses, defined as residential facilities for abused women and children, meet the needs of women in midlife and older. Seventeen transition house directors completed an on-line survey and eight participated in an interview. Women in midlife and older comprised 28 % of the transition house population. Thematic analysis resulted in the identification of three key themes: life at home and in the community, living in the transition house, and starting a new life. While policies, accessibility, privacy, support and outreach could be improved, the transition houses offered safety and security for women across the lifespan. Recommendations for research, policy and practice are included to ensure that transition houses offer a welcoming, suitable, and supportive environment for women in midlife and older.     

Corporate Colonialism and the “Crimes of the Powerful” Committed Against the Indigenous Peoples of Canada

Canada is both a capitalist and colonial society, one founded on the seizing of Indigenous lands for capitalist purposes. In the process, a variety of “crimes of the powerful” were committed, including the theft of Indigenous lands, the forcible confinement of Indigenous people onto reserves, and the subjection of Indigenous children to physical and sexual assaults via the residential school system. In more recent times, the corporate quest for extractive resources has created further harms for Indigenous communities. The lives of too many Indigenous people in Canada are now contoured by complex poverty, Indigenous children are over-represented in the child welfare system, and Indigenous adults are over-incarcerated in prisons and jails. Using a “crime” lens, this paper brings an awareness of Canada as a capitalist and colonial society—conceptualized here as “corporate colonialism”—to the foreground. In the process, the various manifestations of the “crimes of the powerful” against the Indigenous peoples of Canada are exposed.     

Financial constraints to investing in intangibles: Do innovative and non-innovative firms differ?

The Journal of Technology Transfer - This paper investigates the extent to which financial constraints on investments in intangible activities differ with respect to the kind of intangible and to...     

Do Schools Cause Crime in Neighborhoods? Evidence from the Opening of Schools in Philadelphia

Objectives

To assess the impact of schools on crime in neighborhoods.

Methods

We utilize data of charter and public schools in Philadelphia to estimate the effect of school openings on neighborhood crime patterns between 1998 and 2010. We estimate the change in crime in areas surrounding schools before and after their opening compared to areas where schools were always open with Poisson regression models. We also estimate changes in crime in census tracts as schools are added compared to census tracts that never had schools. Finally, we compare estimates from Poisson regression models to those derived from permutation tests where schools are randomly assigned different opening dates.

Results

We find no evidence that school openings increase crime relative to locations where schools were always open or never had schools. The models generally produce null effects, though there is some evidence for a reduction in property crimes for public school openings and a reduction in violent crimes for charter school openings within certain distances. Estimates at the census tract level show that changes in the number of schools are not associated with any changes in crime relative to tracts with no schools.

Conclusions

Contrary to a large theoretical and empirical literature, the results suggest that school locations play a minimal role in neighborhood crime production in Philadelphia. Future research should investigate specific contexts and mechanisms, such as land-use characteristics and travel patterns to schools, which may interact with specific school settings in ways that are related to crime production.

     

The Devil and the Deep Blue Sea? A Critique of the Ability of Community Mediation to Suppress and Facilitate Participation in Civil Life

This article revisits debate between academics and practitioners about the potential of community mediation. While mediation evangelicals make bold claims about the possibility of mediation helping to rebuild communities, academic critics have been suspicious of such contentions and claimed instead that mediation has provided just another route through which the state can interfere in the life of its citizens. It is argued here that debate on the topic has been clouded by unduly high expectations of disputes as agents of social change. Their importance has been understood by reference to their ability to rebuild communities or their potential to become test cases. It is argued here that mediated disputes make much more modest challenges to state authority but that they can be aided in this by the intervention of mediators prepared to take a pragmatic approach to the unachievable ideal of neutrality. The article does not conceive of community mediation as an alternative of the state or its agent. Rather, it suggests that mediators can be embedded within both worlds and act as message-bearers between them.