Non-Tracing Cases of Culpable Ignorance

Recent writers on negligence and culpable ignorance have argued that there are two kinds of culpable ignorance: tracing cases, in which the agent’s ignorance traces back to some culpable act or omission of hers in the past that led to the current act, which therefore arguably inherits the culpability of that earlier failure; and non-tracing cases, in which there is no such earlier failure, so the agent’s current state of ignorance must be culpable in its own right. An unusual but intriguing justification for blaming agents in non-tracing cases is provided by Attributionism, which holds that we are as blameworthy for our non-voluntary emotional reactions, spontaneous attitudes, and the ensuing patterns of awareness as we are for our voluntary actions. The Attributionist explanation for why some non-tracing cases involve culpability is an appealing one, even though it has limited scope. After providing a deeper account of why we should take the Attributionist position seriously, I use recent psychological research to argue for a new account of the conditions under which agents are culpable for straightforward instances of blameworthy acts. That account is extended to blameworthiness for non-voluntary responses. I conclude that even when the agent’s failure to notice arises from a nonvoluntary objectionable attitude, very few such cases are ones in which Attributionism implies that the agent is blameworthy for her act.     

Putting race into context: Race,juvenile justice processing,and urbanization

In this article, we examine differential sentencing patterns among black, Hispanic, and white juveniles and the context in which those decisions are made. Using a bivariate probit model, we show that juveniles living in urban counties are more likely to be referred to juvenile court, and that juveniles living in a single-mother household are more likely than juveniles living with both parents to be referred to court and to receive secure placement. Race-specific models indicate that black youths are likely to receive harsh treatments in urban courts; yet white youths are not treated differently on the basis of court location. In addition, living in a single-mother household is a disadvantage for white youths when they are referred and sentenced, but family status is not a determinant for black youths.     

Equal access to justice

Conclusion My concerns are unlikely to strike a note amongst those senior judges delivering “big justice” who will operate in the multi-track. They seldom encounter disabled people in their courts and when they do access, communication and representation problems are likely to have been sorted out at an earlier stage. But for those of us who have to deal with those earlier stages or are to (and already do) deliver “bulk justice” in the fast track and small claims courts, coping with disabled litigants is already a problem. Hitherto we have responded with insufficient care to their needs, but is it too late to hope that we may be encouraged (or better still constrained) to take into account their disclosed needs when managing cases so that civil proceedings may be conducted in a manner that is fair to all. If we do not face up to this now we could find ourselves and our courts in breach of the Disability Discrimination Act 1995 which is intended to impose the new culture on society (including our courts). The message from society is clear: a change in the culture of civil justice is required but we must not overlook the “disability factor”. A District Judge at Preston on the Northern Circuit.     

Revisionism and Desert

Revisionists claim that the retributive intuitions informing our responsibility-attributing practices are unwarranted under determinism, not only because they are false, but because if we are all “victims of causal luck”, it is unfair to treat one another as if we are deserving of moral and legal sanctions. One (moderate) revisionist strategy recommends a deflationary concept of moral responsibility, and that we justify punishment in consequentialist rather than retributive terms. Another (strong) revisionist strategy recommends that we eliminate all concepts of guilt, blame and punishment, and treat dangerous criminals as we treat people with contagious diseases. I argue against both strong and moderate revisionism that (1) it is not unfair to hold persons desert-entailingly responsible (in a weaker sense of ‘desert’) insofar as they take an interest in being treated as appraisable, and (2) that it is unfair to persons not to treat them as desert-entailingly responsible (in this weaker sense) contrary to their interests in being treated as such. The interest-based argument, I conclude, give us a justification for communicating retributive attitudes, but may still require a weak revision of our retributive practices, in the direction of a communicative theory of punishment.     

Author gender identification from text

Text is still the most prevalent Internet media type. Examples of this include popular social networking applications such as Twitter, Craigslist, Facebook, etc. Other web applications such as e-mail, blog, chat rooms, etc. are also mostly text based. A question we address in this paper that deals with text based Internet forensics is the following: given a short text document, can we identify if the author is a man or a woman? This question is motivated by recent events where people faked their gender on the Internet. Note that this is different from the authorship attribution problem.In this paper we investigate author gender identification for short length, multi-genre, content-free text, such as the ones found in many Internet applications. Fundamental questions we ask are: do men and women inherently use different classes of language styles? If this is true, what are good linguistic features that indicate gender? Based on research in human psychology, we propose 545 psycho-linguistic and gender-preferential cues along with stylometric features to build the feature space for this identification problem. Note that identifying the correct set of features that indicate gender is an open research problem. Three machine learning algorithms (support vector machine, Bayesian logistic regression and AdaBoost decision tree) are then designed for gender identification based on the proposed features. Extensive experiments on large text corpora (Reuters Corpus Volume 1 newsgroup data and Enron e-mail data) indicate an accuracy up to 85.1% in identifying the gender. Experiments also indicate that function words, word-based features and structural features are significant gender discriminators.     

Leaving timing-channel fingerprints in hidden service log files

Hidden services are anonymously hosted services that can be accessed over an anonymity network, such as Tor. While most hidden services are legitimate, some host illegal content. There has been a fair amount of research on locating hidden services, but an open problem is to develop a general method to prove that a physical machine, once confiscated, was in fact the machine that had been hosting the illegal content. In this paper we assume that the hidden service logs requests with some timestamp, and give experimental results for leaving an identifiable fingerprint in this log file as a timing channel that can be recovered from the timestamps. In 60 min, we are able to leave a 36-bit fingerprint that can be reliably recovered. The main challenges are the packet delays caused by the anonymity network that requests are sent over and the existing traffic in the log from the actual clients accessing the service. We give data to characterize these noise sources and then describe an implementation of timing-channel fingerprinting for an Apache web server based hidden service on the Tor network, where the fingerprint is an additive channel that is superencoded with a Reed–Solomon code for reliable recovery. Finally, we discuss the inherent tradeoffs and possible approaches to making the fingerprint more stealthy.     

On identification problems requiring linked autosomal markers

This paper considers identification problems based on DNA marker data. The topics we discuss are general, but we will exemplify them in a simple context. There is DNA available from two persons. There is uncertainty about the relationship between the two individuals and a number of hypotheses describing the possible relationship is available. The task is to determine the most likely pedigree. This problem is fairly standard. However, there are some problems that cannot be solved using DNA from independently segregating loci. For example, the likelihoods for (i) grandparent–grandchild, (ii) uncle–niece and (iii) half-sibs coincide for such DNA data and so these relations cannot be distinguished on the basis of markers normally used for forensic identification problems: the likelihood ratio comparing any pair of hypotheses will be unity.Sometimes, but not in the examples we consider, other sources of DNA like mtDNA or sex chromosomes can help to distinguish between such equally likely possibilities. Prior information can likewise be of use. For instance, age information can exclude alternative (i) above and also indicate that alternative (iii) is apriori more likely than alternative (ii).More generally, the above problems can be solved using linked autosomal markers. To study the problem in detail and understand how linkage works in this regard, we derive an explicit formula for a pair of linked markers. The formula extends to independent pairs of linked markers. While this approach adds to the understanding of the problem, more markers are required to obtain satisfactory results and then the Lander–Green algorithm is needed. Simulation experiments are presented based on a range of scenarios and we conclude that useful results can be obtained using available freeware (MERLIN and R).The main message of this paper is that linked autosomal markers deserve greater attention in forensic genetics and that the required laboratory and statistical analyses can be performed based on existing technology and freeware.     

DIFFERENTIAL SUSCEPTIBILITY? IMMIGRANT YOUTH AND PEER INFLUENCE*

There is reason to suspect that lower levels of exposure to criminogenic peer‐based risks help explain why immigrant youth are less involved in crime and violence. However, it also is possible that if and when they do encounter these risks, immigrant youth are more vulnerable to them than are native‐born youth. Drawing from literature on the adaptation experiences of immigrant adolescents, we hypothesize that immigrant youth will be relatively more susceptible to the effects of both 1) exposure to deviant peers and 2) unstructured and unsupervised socializing with peers when compared with their nonimmigrant counterparts. Using a sample of approximately 1,800 adolescents from the Project on Human Development in Chicago Neighborhoods (PHDCN) study, we find support for our first hypothesis but not the second. Specifically, in both cross‐sectional and longitudinal models, we find that exposure to deviant peers has a greater impact on violence among immigrant youth than it does for native‐born youth. Furthermore, this pattern of results is supported with supplemental, sensitivity analysis using the AddHealth data. In contrast, there are no statistically significant differences across immigrant generation status with regard to the effect of informal socializing with peers on violence.     

Addressing Infant and Toddler Issues in the Juvenile Court: Challenges for the 21st Century

To achieve the goal of permanency for children in the child welfare system, it is critical that different disciplines work together, improve communication, and understand each other's role and expertise in the process. Through a case study, this article attempts to show the problems, conflicts, and solutions in working to ensure a child's best interests from three points of view: a children's attorney from New York City, a judge from Miami, Florida, and an infant mental health specialist and interdisciplinary trainer from Los Angeles. First, we propose that emotional caregiving is a fundamental right of all children and includes a stable, nurturing, and permanent long‐term relationship. Conflicts between the timing of children's needs, parents' needs, and the judge's legal duties are discussed as a tension with which we all must struggle to resolve if we are to successfully address children's “irreducible needs” (Brazelton & Greenspan, 2000). If the provision of custodial care shifts toward including emotional care as a goal for the growing number of infants entering the foster care system, the ensuing conflicts will provide opportunities for all parts of the foster care system—including the courts—to rethink how infants' needs are evaluated and factored into decision making.     

The fourth in a series of reports by David Davies analysing the experiences of those involved in a computer disaster

One of the most fascinating of human traits is their blase approach to possible disaster. Serious road accidents are something that happens to someone else, so drivers carry on taking appalling risks at high speed. In corporate terms management takes a similar approach to disaster, and computer disasters are no exception. “It won't happen to us” or “we'll muddle through somehow” are common excuses for the absence of a disaster recovery plan. Psychologists tell us that this is because we cannot come to terms with something we have not previously experienced: we simply cannot imagine the experience, therefore it has no reality as something that could affect us.In this series I am relaying the experiences of those people who have been involved in computer disasters, the lessons they have learned and the effects of the disaster on their company and on their own lives. If you are one of the great majority without a workable recovery plan, remember as you read: tomorrow this could be you!     

Having the cake and eating it too: efficient penalty clauses in Common and Civil contract law

In this paper we examine one of the areas where there is a marked difference between Civil and Common contract law, that of the enforcement of liquidated damages and more particularly of penalty clauses. Common law judges are quite reluctant to enforce liquidated damages, especially if they believe that they include penalty clauses which are not enforceable. On the contrary, in almost all European contract laws liquidated damages are readily enforced, as are penalty clauses when they are not manifestly excessive. Although most law and economics scholars have criticized Common law courts for the non-enforcement of penalty clauses, there is a sizable minority of scholars who have defended the Common law “non-enforcement” policy on the ground that penalty clauses are inefficient because they hinder efficient breach. However, and despite the merits of the arguments advanced by advocates of the non-enforcement of penalty clauses, we believe that Common law’s rejection of penalty clauses is inefficient. We further show that the Civil law solution to the problem is not only comparatively more efficient, but that it can also appease the worries of those scholars who are afraid that efficient breaches will be deterred. The solution that Civil law systems give to the problem manages to enforce the parties’ wishes and to avoid deterring efficient breaches. However, we point out that in order for the Civil law systems to take advantage of this superiority, the interpretation of their Civil Codes should be guided by economic analysis and the respect to the wishes of the contracting parties.     

Power in Paradise: The Political Implications of Santos's Utopia

When we are planning for posterity, we ought to remember that virtue is not hereditary.
—Thomas Paine, Common Sense
Common sense creates the folklore of the future, a relatively rigidified phase of popular knowledge in a given time and place.
Antonio Gramsci, Selections     

Incidents of discrimination and risk for delinquency: A longitudinal test of strain theory with an African American sample

This article examines the relationship between racial discrimination and delinquency. Using longitudinal data collected on approximately 700 African American children, we begin by establishing an association between exposure to discrimination and delinquent behavior. Next, we use structural equation modeling to test various hypotheses regarding the emotional and cognitive factors that mediate this association. For boys, the association between discrimination and delinquency is mediated by feelings of anger and depression and by the belief that aggression is a necessary interpersonal tactic. The results are somewhat different for girls. Although anger and depression mediate part of the effect of discrimination on delinquency, discrimination continues to display a small but significant direct effect. The implications of these findings for criminological theory are discussed.     

Transfer of advanced manufacturing technology from Canadian universities to industry

Although advanced manufacturing technology (AMT) is a key factor in improving North America's industrial competitiveness, there is a problem in transferring it from university to industry. This study, conducted for a Canadian governmental agency, addresses the problem by querying Canadian professors, university-liaison officers, and administrators of intermediary (broker) organizations in order to uncover the processes of AMT transfer; that is, the ways in which technical knowledge embodied in inventions is converted into outputs used by companies. Four processes, in which the critical entities are professors, universities, intermediary organizations, and spinoffs, account for what has been transferred While the first is by far the most significant currently, the third has a high future potential. An analysis of barriers suggests that while some probably inhibit all four transfer processes, others have their impacts on only one specific process. If we are going to raise the number of transfers, we must work more diligently to pinpoint the causes for low levels of transfer. Studying the barriers to university transfer in general should therefore yield information on which barriers are associated with which processes.     

Preparing individuals for leadership in Australasia,the United States,and the UK

ABSTRACT

Much is said about the importance of leadership in policing. In policing leadership is a key variable in organisational effectiveness, public confidence and employee well-being. We demand that our police leaders are ethical, decisive, skilled, and have the internal and external legitimacy needed to exert influence inside and outside the workplace. There are many advantages to such a pipeline approach to organisational leadership, and it presents organisations with an unparalleled opportunity to develop leaders and leadership talent over an extended period. There are questions, of course, about how much advantage our police organisations really take of this opportunity; how coherently leader development is planned and organised; and how effective our development models are. In this paper, we explore leader development in Australia, the United States and the United Kingdom. Drawing on data collected through semi-structured interviews with established senior police leaders in each country we explore development journeys, opportunities for learning inside and outside of policing, the impact of leader development on leadership-style and decision-making, and how well-prepared leaders feel for their roles having transited their organisational pipelines. Drawing on these data we present a model for leadership development that calls for individual and organisational work. By seeing leadership in terms of organisation capacity, rather than individual capacity, the model encourages a comprehensive and more cohesive approach through police education and other initiatives to developing our organisational leaders, and recognises too that preparing individuals is only part of the story.     

Trends in Corruptions Around the World

The problem of measuring changes in corruption internationally is significantly more daunting than that of estimating their levels. We compute trends in corruption for groups of geographically proximate countries, based on the geographic distribution of cases of cross-border bribes, and confirm that geographic variations in corruption are greater than time variations. They are then compared with changes in perceived corruption, as measured by Transparency International’s Corruption Perception Index. We find that these alternative measures are not significantly correlated with each other. Using a panel data estimation technique, we attempt to explain trends in corruption. We only partially confirm results that are obtained when the purpose is to account for their levels in the context of a cross-sectional study. Overall, we conclude that the study of changes in levels of corruption is still in its infancy.     

Revocation of status of specific products; Group A streptococcus. Direct final rule

The Food and Drug Administration (FDA) is removing the regulation applicable to the status of specific products; Group A streptococcus. FDA is removing the regulation because the existing requirement for Group A streptococcus organisms and derivatives is both obsolete and a perceived impediment to the development of Group A streptococcus vaccines. The regulation was written to apply to a group of products that are no longer on the market. We are taking this action as part of our continuing effort to reduce the burden of unnecessary regulations on industry and to revise outdated regulations without diminishing public health protection. We are issuing the removal directly as a final rule because it is noncontroversial, and there is little likelihood that we will receive any significant adverse comments. Elsewhere in this issue of the Federal Register, we are publishing a companion proposed rule under our usual procedures for notice and comment in the event that we receive any significant adverse comments on the direct final rule. If we receive any significant adverse comments that warrant terminating the direct final rule, we will consider such comments on the proposed rule in developing the final rule.     

Buttressing regulation of cognitive enhancement devices with principles of harm reduction

Maslen and colleagues offer an excellent model for regulating cognitive enhancement devices (CEDs), and we largely endorse their approach of extending medical device policy to include CEDs. Maslen et al. argue that since the risks and benefits of CEDs can be identified, consumers are best placed to evaluate the impact of these effects on their own wellbeing: ‘experts are to assess what the risks are, the consumer how much they matter’. In principle, we agree: consumers should be allowed to decide what risks are worth taking, but the situation is somewhat more complicated, for the evidence that consumers are in a strong position to evaluate the many risks associated with CED use is lacking. Indeed, a glance at online forums on CEDs suggests that undue risks are already being taken. Importantly, given the ease with which devices can be built using easily obtainable parts, overly tough regulation will not effectively curtail use, but rather push it underground. For these reasons, we suggest that any regulatory framework be buttressed by principles of harm reduction, providing real-world users with expert-backed recommendations for safe use. We argue for the development of tools that facilitate this dialogue, while recognizing the challenges in so doing.     

Big Stick,Little Stick: Strategies for Controlling and Combating Environmental Crime

Environmental offences often have rather obscure victims. At the same time, we know that those crimes commonly regarded as the most serious have clearly visible victims. It is difficult for people to relate to environmental offences in the same way as many traditional crimes, and this makes it easier to commit breaches of the environmental regulations. One element in a control strategy ought therefore to be continuous attempts to discover really serious environmental crimes that are easily communicated to the public. Regulations are followed if we believe that others also do so. If we have a sense that cheating is widespread then group solidarity is weakened, and with it the inclination to abide by the rules. How then do individuals and businessmen develop the perception that control measures are working? This happens primarily by means of a perception that observance of the regulations is being monitored. Broadly based control measures and contacts are therefore of considerable importance. By means of risk assessment procedures, interventions can then be concentrated where they are judged to be most necessary. A broad arsenal of measures is needed to persuade companies to observe the regulations; an arsenal from big stick to little stick, from self-regulation and service to administrative sanction charges and criminal offences.