Is Terrorism a Crime or an Aggravating Factor in Sentencing?

Common law systems, in criminal cases, distinguish between theguilt/innocence proceedings and the sentencing stage. This isnot the case in civil law systems where criminal trial consistsof a single phase, combining the inquiry into guilt with sentencing.Under common law practice many facts relevant for sentencingare considered irrelevant at the stage of finding guilt forthe commission of the crime. Aggravating elements, therefore,address a fundamental distinction of substantive criminal lawbetween guilt and dangerousness: guilt is a determination ofresponsibility for a prior wrongdoing; dangerousness is a speculativefuture determination. The intensification of terrorist activityin the past few years has made terrorism one of today's mostpressing problems. But is terrorism a crime or an aggravatingfactor in sentencing? In this article, the author challengesconventional wisdom regarding the meaning of ‘terroristcrimes’, by providing a conceptual understanding of ‘terrorism’,as well as articulating a theory of guilt. Terrorists seldomexpress ‘guilt’. The word ‘terrorism’describes, instead, an overriding motivation, a way of acting,rather than the objective circumstances of acting. Terrorismis nothing but common crimes although committed with an overridingmotivation of imposing extreme fear on the nation as such. Theauthor presents the conceptual grounds of the phenomenon ofterrorism as it has evolved through history, before enquiringinto the meaning of ‘terrorist crimes’: the overridingmotivation associated with the concept of terrorism constitutesthe degree of cognate dangerousness of terrorist crimes.     

White-Collar Crime in Socialism: Myth or Reality?

Previous research on the determinants of police expenditures has not risen to the level of empirical understanding in large part because it has failed to explain substantively important variation among local jurisdictions. This suggests a need to reevaluate research strategies and to examine closely those cases which cannot be predicted using traditional, social, economic, and environmental approaches. Incorporating deviant case analysis, the authors outline an alternative approach to determine whether policy maker variables should be added to more broadly based models.     

White-Collar Crime and Police Crime: Rotten Apples or Rotten Barrels?

In the research literature on white-collar crime, there seems to be a tendency to claim individual failure rather than systems failure. Occupational crime is often emphasized at the expense of corporate crime. In the research literature on misconduct and crime by police officers, however, there seems to be a tendency to claim systems failure. It is argued that police crime is a result of bad practice, lack of resources or mismanagement, rather than acts of criminals. Based on two empirical studies in Norway of business and police crime, this paper is concerned with the extent to which the rotten apple theory versus the rotten barrel theory can explain crime in business organizations and police organizations.     

Crime or social harm? A dialectical perspective

This paper proposes to examine some of the core philosophical issues to have arisen out of the recent calls to move “beyond criminology”. It will be claimed that the dismissal of crime as a “fictive event” is premature, as crime does indeed have an “ontological reality”. Nevertheless, it will be asserted that the relation between harm and crime is contingent rather than necessary. Accordingly, this paper will argue that there is merit to the claim that we should unify research on social harm through the creation of a new field, a step which would have the added benefit of constructing an alternative venue for crimes of the powerful scholars who wish to explore the destructive practices of states and corporations unconstrained. This paper, therefore, will also offer a dialectical definition of social harm based upon classical Marxist strains of ontological thought.     

National Consensus or Social Anomaly?

The dynamics of mass consciousness in Russia, formed in the wake of the 2014 events in Ukraine and Crimea, testify to the consolidation and radicalization of the popular majority. The national consensus has shaped a high level of public optimism even in the face of deteriorating socioeconomic conditions. However, this process brings to the fore archetypal traits that in many ways run contrary to the modern desire for mass consumption, which in many ways is also contrary to social mobilization. This contradiction will affect the political process, if not in the short- then in the long term, and will significantly affect the sociopolitical situation, making it less stable than in the first decade of the present century.     

Using Social Media to Measure Temporal Ambient Population: Does it Help Explain Local Crime Rates?

A challenge for studies assessing routine activities theory is accounting for the spatial and temporal confluence of offenders and targets given that people move about during the daytime and nighttime. We propose exploiting social media (Twitter) data to construct estimates of the population at various locations at different times of day, and assess whether these estimates help predict the amount of crime during two-hour time periods over the course of the day. We address these questions using crime data for 97,428 blocks in the Southern California region, along with geocoded information on tweets in the region over an eight month period. The results show that this measure of the temporal ambient population helps explain the level of crime in blocks during particular time periods. The use of social media data appear promising for testing various implications of routine activities and crime pattern theories, given their explicit spatial and temporal nature.     

Crime Control in the 2008 Presidential Election: Symbolic Politics or Tangible Policies?

Presidential candidates regularly use crime issues to help win electoral support. Contrary to conventional wisdom, crime control became an issue in the 2008 presidential campaign. Despite decreasing crime rates and public opinion focused only temporarily on illegal immigration, the three major presidential candidates (Obama, Clinton, & McCain) discussed many anticrime initiatives during the campaign. Unlike past research which has found presidential candidates use primarily symbolic rhetoric in their anticrime rhetoric, all three presidential candidates in the 2008 presidential election were found to have employed tangible statements. The article discusses the different findings, making recommendations for future research.     

Sexual Slavery: Do We Need This Crime in Addition to Enslavement?

The article focusses on the crime of sexual slavery in the ICC Statute. It examines the legal definition of enslavement in Article 7 (2) (c) ICC Statute and the Elements of Crimes (EOC) of enslavement and sexual slavery as well as the jurisprudence of the SCSL which was the first to deal with the application of the EOC of sexual slavery to a concrete situation (so-called ‘forced marriage’ phenomenon). The author questions whether there is a necessity to have two crimes against humanity of enslavement and sexual slavery but on the other hand, no war crime of enslavement. Further, she rejects the interpretation that human trafficking has become part of the definition of slavery/enslavement as the footnote in the EOC seems to suggest. The author argues vigorously that the phenomenon of ‘forced marriage’ should be prosecuted as sexual slavery and not under the residual offence of inhumane acts as a ‘new’ international crime.     

Why Should Remorse be a Mitigating Factor in Sentencing?

This article critically examines the rationales for the well-settled principle in sentencing law that an offender’s remorse is to be treated as a mitigating factor. Four basic types of rationale are examined: remorse makes punishment redundant; offering mitigation can induce remorse; remorse should be rewarded with mitigation; and remorse should be recognised by mitigation. The first three rationales each suffer from certain weaknesses or limitations, and are argued to be not as persuasive as the fourth. The article then considers, and rejects, two arguments against remorse as a mitigating factor in sentencing: that the crime, not the offender, is the focus of punishment; and that the truly remorseful offender would not ask for mitigation. The article concludes with a brief consideration of whether a lack of remorse should be an aggravating factor.

Why is it a Crime to be Poor?

This article considers the historical development of certain aspects of poor relief in England and Wales and their connection with the treatment of vagrants. It will argue that it is the historical link between early statutes controlling both the movement of labourers and the destitute in the fourteenth century and the later parochial responsibility for the relief of poverty which led both to the inclusion of vagrancy provisions within the 1601 Poor Relief Act, and the continuing quasi-legal connection between vagrancy provisions and the relief of poverty. A nexus of punishment was created within the operation of the poor law by the two-fold role of justices of the peace; these officials not only adjudicated the settlement laws, but were also responsible for the legal control of vagrancy. The article will argue that this contributed to the harshness of the 1834 poor law reforms, and continues with contemporary approaches to the relief of poverty via Social Security legislation which prioritises the control of claimant fraud above the rights of the individual to relief from want. This revised version was published online in August 2006 with corrections to the Cover Date.     

Deconstructing Crime and Nature or, What Does Post Humanism Have to Do With Criminology?

The aim of this paper is to extend some of the theoretical concerns that Marcus Felson (2006) opens up in Crime and Nature by considering the contribution of post humanist political ecology to the construction of crime and nature that he proposes. Post humanism problematises dichotomous understandings of nature and culture as well as related binaries that follow from that division, suggesting that dominant assumptions about nature and the non human undermine antiracist and feminist efforts. While Felson (2006) takes steps towards troubling the nature/culture binary, he fails to question the constructed character of crime and crime prevention, thereby leaving unarticulated a critical problematisation of the exclusionary logics that underlie dominant practices and ways of thinking as race, sex, class and species fundamentally determine the nature of criminological knowledge. Abstracting crime from social context produces a partial analysis as spaces are reduced to their supposed propensity for criminal activity and some spaces are produced as always already criminal. Without examining and understanding how power relations intersect in the context of crime it is difficult to alter those relations to promote social justice.     

Predictive Crime Mapping: Arbitrary Grids or Street Networks?

Objectives

Decades of empirical research demonstrate that crime is concentrated at a range of spatial scales, including street segments. Further, the degree of clustering at particular geographic units remains noticeably stable and consistent; a finding that Weisburd (Criminology 53:133–157, 2015) has recently termed the ‘law of crime concentration at places’. Such findings suggest that the future locations of crime should—to some extent at least—be predictable. To date, methods of forecasting where crime is most likely to next occur have focused either on area-level or grid-based predictions. No studies of which we are aware have developed and tested the accuracy of methods for predicting the future risk of crime at the street segment level. This is surprising given that it is at this level of place that many crimes are committed and policing resources are deployed.

Methods

Using data for property crimes for a large UK metropolitan police force area, we introduce and calibrate a network-based version of prospective crime mapping [e.g. Bowers et al. (Br J Criminol 44:641–658, 2004)], and compare its performance against grid-based alternatives. We also examine how measures of predictive accuracy can be translated to the network context, and show how differences in performance between the two cases can be quantified and tested.

Results

Findings demonstrate that the calibrated network-based model substantially outperforms a grid-based alternative in terms of predictive accuracy, with, for example, approximately 20 % more crime identified at a coverage level of 5 %. The improvement in accuracy is highly statistically significant at all coverage levels tested (from 1 to 10 %).

Conclusions

This study suggests that, for property crime at least, network-based methods of crime forecasting are likely to outperform grid-based alternatives, and hence should be used in operational policing. More sophisticated variations of the model tested are possible and should be developed and tested in future research.

     

The “Tough on Crime” Competition: a Network Approach to Understanding the Social Mechanisms Leading to Federal Crime Control Legislation in the United States from 1973–2014

The increase in punitive sentiment in America over the last four decades is frequently attributed to changes in criminal justice policies and programs. While scholars have studied the impact of legislation and policy on justice system outcomes, less attention has focused on the role of political actors in legislative bodies who are largely responsible for enacting criminal justice legislation. The current study addresses this gap by examining the social organization of federal crime control policy in the U.S. Congress over a forty-two year period (1973–2014). Drawing from research on social network mechanisms, we examine whether crime control legislation was more politically attractive relative to other legislative topics, and whether Democrats and Republicans pursue these policies by working together or competing against each other. Our results provide novel insight into the mechanisms that contributed to the punitive movement at the federal level.     

Open or closed meetings? Explaining nonstate actor involvement in the international climate change negotiations

When do states allow nonstate actors (NSAs) to observe negotiations at intergovernmental meetings? Previous studies have identified the need for states to close negotiations when the issues under discussion are sensitive. This paper argues that sensitivity alone cannot adequately explain the dynamic of closing down negotiations to observers. Questions that have received little attention in the literature include which issues are considered sensitive and how the decision is made to move the negotiations behind closed doors. This paper examines the practices of NSA involvement in climate diplomacy from three analytical perspectives: functional efficiency, political dynamics, and historical institutionalism. Based on interviews and UNFCCC documents, this paper suggests that to understand the issue of openness in negotiations, institutional factors and the politics of NSA involvement need to be better scrutinized. The paper shows that each perspective has particular advantages when analyzing different dimensions of the negotiations, with implications of how we understand the role of NSAs in global environmental governance.     

Enduring Love? Attitudes to Family and Inheritance Law in England and Wales

This paper reports on the findings from a large-scale study of public attitudes to inheritance law, particularly the rules on intestacy. It argues that far from the assumption that the family' is in terminal decline, people in England and Wales still view their most important relationships, at least for the purposes of inheritance law, as centred on a narrow, nuclear family model. However, there is also widespread acceptance of re-partnering and cohabitation, producing generally high levels of support for including cohabitants in the intestacy rules and for ensuring that children from former relationships are protected. We argue that these views are underpinned by a continuing sense of responsibility to the members of one's nuclear family, arising from notions of sharing and commitment, dependency and support, and a sense of lineage.     

Cross-Jurisdictional Differences in Punitive Public Attitudes?

With more information the Dutch public becomes less punitive. However, recent studies showed a remaining punitiveness gap between the general public and judges, despite the provision of detailed case information. Moreover, it has been demonstrated that the Dutch public overestimates the courts’ punitiveness. This is not in line with studies abroad. These contradictions raise questions, on the one hand, about the possibility of actual cross jurisdictional differences, on the other hand, about methodological explanations. A limited set of survey questions from studies abroad was therefore replicated with a new Dutch public sample. It focused on questions and methodologies that produced findings most directly at odds with earlier studies in the Netherlands. Using the same measurement approach, findings abroad were reproduced with the new Dutch sample for perceptions of punitiveness of judges and the courts. Thus using a different methodology new findings support conclusions that are opposite to our earlier conclusions. On the other hand, also with methodologies that have produced opposite conclusions abroad, the Dutch public does remain more punitive than judges. In the discussion it is argued that some of the remaining contradictions may be perfectly reconcilable, as long as conclusions are stated in a qualified manner.