Gender,madness and crime: The reproduction of patriarchal and class relations in a psychiatric court clinic

This paper examines how forensic clinicians, particularly psychiatrists, help maintain the “constructed normality” of capitalist, patriarchal relations in contemporary liberal democratic states. The specific focus is a comparison of decision-making about accused women and men at a Canadian pre-trial clinic. Using quantitative and qualitative data, the authors argue that clinicians rarely express overt bias towards “clients”, but their assessments for the courts are shaped by intertwined assumptions about class and gender embodied in familial ideology which condemn most of the assessees to negative outcomes. Thus, forensic psychiatrists make moral judgements about accused persons which are transformed by technocratic, medico-legal discourse into “scientific” ones. In this way, clinicians individualize and depoliticize the deviance of their “clients” and provide the rationale for decisions made by other carceral agents to sanction offenders.     

Nanotechnology and the US national innovation system: continuity and change

A substantial literature on nanotechnology innovation and commercial development has characterized several elements of these phenomena as constituting new developments in the US national innovation system. Among these elements are the (asserted) “post-academic” nature of US universities’ involvement with nanotechnology R&D, and federal funding of nanotechnology R&D on goals related to economic competitiveness. This paper challenges the “novelty” of these elements, while suggesting that other elements of nanotechnology R&D, including the extensive patenting of the results of nanotechnology-related research and the emphasis within many university-industry collaborations on patent-based channels for “technology transfer,” may indeed be new and raise questions for the long-term efficiency and innovative performance of nanotechnology-related R&D.     

Use of DNA profiles for investigation using a simulated national DNA database: Part II. Statistical and ethical considerations on familial searching

Familial searching consists of searching for a full profile left at a crime scene in a National DNA Database (NDNAD). In this paper we are interested in the circumstance where no full match is returned, but a partial match is found between a database member's profile and the crime stain. Because close relatives share more of their DNA than unrelated persons, this partial match may indicate that the crime stain was left by a close relative of the person with whom the partial match was found. This approach has successfully solved important crimes in the UK and the USA. In a previous paper, a model, which takes into account substructure and siblings, was used to simulate a NDNAD [1]. In this paper, we have used this model to test the usefulness of familial searching and offer guidelines for pre-assessment of the cases based on the likelihood ratio. Siblings of “persons” present in the simulated Swiss NDNAD were created. These profiles (N = 10,000) were used as traces and were then compared to the whole database (N = 100,000). The statistical results obtained show that the technique has great potential confirming the findings of previous studies. However, effectiveness of the technique is only one part of the story. Familial searching has juridical and ethical aspects that should not be ignored. In Switzerland for example, there are no specific guidelines to the legality or otherwise of familial searching. This article both presents statistical results, and addresses criminological and civil liberties aspects to take into account risks and benefits of familial searching.     

The sociopathic police personality: Is it a product of the “Rotten Apple” or the “Rotten Barrel?”

The “Rotten Apple” theory states that deviant police officers are those who psychological testing fails to screen out. This concept is favored by police administrators because it offers a quick and easy solution to police deviant behavior. However, there is a growing body of literature that suggests that it is the stressful occupation that is policing that is the fertile soil from which police deviant behavior springs otherwise known as the “Rotten Barrel” theory. This article shall explore police deviant behavior from the perspective that it is the “Rotten Barrel” that leads to police deviant behavior.     

The importance of “spillovers” in the policy mission of the advanced technology program

Government policies like the Advanced Technology Program (“ATP”) are intended, at least in part, to remedy the “market failure” inherent in the fact that a significant portion of the social benefits of new knowledge and technology are not captured by a firm that invests in R&D. ATP’s project selection, and its evaluation of the impact of its program, can be made more effective by explicitly incorporating the analysis of such “spillovers.” For project selection, this means identifying technological, organizational and economic factors that tend to oint to a large “spillover gap,” or deviation between the social and private rates of return to a proposed project. For program evaluation and assessment, it means adapting existing study methods that measure social returns to innovation in ways that explicitly capture spillover effects. This paper is based on a study that I performed for the ATP, Economic Analysis of Research Spillovers: Implications for the Advanced Technology Program, NIST GCR 97-708. I have benefited from comments and useful discussions with Zvi Griliches, Jeanne Powell, Rosalie Ruegg, and Richard Spivack. Some of the ideas in this paper grew out of previous joint research with James Adams. The views expressed herein are my own, however, and should not be attributed to any of these individuals or to the ATP.     

Interdisciplinary research on international relations theory and international law in China over the past 10 years

From the origin, there has been a strong connection between international relations and international law. In the development of the history of different academic subjects, the research on international relations and international law are interdependently promoting each other. As a result, the realization of interdisciplinary research on international legal theory and the study of international law is inevitable. As a matter of fact, even though the interdisciplinary research of the two subjects has been separated for almost half a century, the need for the development of the subject and the changing world political and economical status give them a new chance for reunification. Recently, the interdisciplinary research on international relations theory and international law by the Western academic is becoming the order of the day, which has become the latest shining point of the recent development of the two subjects, which is even regarded as the new revolution of international relations theory and the study of international law. In this context, the past ten years is a period of emergence of Chinese international relations and the interdisciplinary research of international law. In the past ten years, some scholars have overcome “the difficulty of interdisciplinary research,” “the prejudice within the subject” and “the gap among different subjects,” and made pioneering research in the field of “systematic connection” and “issues in overlapping field.” Moreover, they gradually make the interdisciplinary research to be a popular method and a common recognition. Based on the current studies, interdisciplinary research will have a broad future in the fields such as “the interchange of concepts,” “the exchange of method,” and “the mutual assistance of materials,” which will provide scholars in this area with a broad space for research.     

Credit card fraud under Chinese criminal law

Credit card fraud is a new type of fraud amended into the Criminal Law of China in 1997. The “credit card” under credit card fraud is interpreted as a very board concept, which includes debit card and virtually all electronic payment cards used in ordinary payment, credit loan, transfer and settlement of account, cash deposit and withdrawal. Therefore, it is necessary for the legislature to revise “credit card” under this special fraud into “electronic payment card,” and “credit card fraud” into “electronic payment card fraud,” which will be understood easily and precisely. “Use” and “fraudulent use” of credit card under this fraud is defined as ordinary use of credit card, including withdrawal cash with authentic or forged credit card from ATMs. It is unreasonable to define “malicious overdraft” as a form of credit card fraud under the Chinese Criminal Law. In the future amendment, this kind of criminal conduct shall be separated as independent named as “malicious overdraft” or “abuse of credit card” under the Criminal Law with less stiff statutory punishment than that of credit card fraud. Besides, under the Chinese Criminal Law, stealing credit card and using it is held as “theft,” which is neither reasonable nor logical. Therefore, it should be revised in the future criminal law.     

The “Conventionalization” of Safety Crimes in the Post-Communist New Member States of the European Union

This article begins by presenting a brief overview of the neglected area of “safety crime” in the post-communist states of Central and Eastern Europe. Quantitative and qualitative evidence is reviewed, suggesting both the widespread nature of safety crimes, and a deteriorating work environment, in which safety crimes are routinely tolerated. Evidence of the “institutionalized tolerance of non-compliance” is provided through a case study of labor inspection in the new member states, focusing on Latvia, currently the worst performer in health and safety in Europe. Against a background of general violations of labor rights, current innovations in European-level regulatory strategies are critiqued, in particular, the shift towards “soft law” and compliance-based strategies, relying on appeals to corporate social responsibility, together with the encouragement of various forms of voluntary initiatives. It is suggested that such (self)-regulatory strategies may be inappropriate as forms of crime control in the new member states of the European Union. In effect, a convergence domestic and European Union policies may open the door to the further “conventionalization” of safety crimes in the new member states.This article is based on a paper first presented to a seminar, “Regulating Corporate Crime and White-Collar Crime: Developments across Europe”, Finnish Police College, Helsinki, 3–4 September, 2004. Financial support for the research was provided by a European Commission Marie Curie chair award (no: 509727). The author would like to thank Kit Carson and Steve Tombs, as well as the participants in the Helsinki seminar for their helpful comments. Any errors remain those of the author alone.     

The Media, the Politics of Truth, and the Coverage of Corporate Violence: The Westray Disaster and the Public Inquiry

This paper studies the relationship between news sources, knowledge claims and the social construction of truth surrounding the public inquiry into the Westray mine disaster from 1995 to 1998. We draw on Michel Foucault’s concept of the “politics of truth” and Stanley Cohen’s ideas about “states of denial” to demonstrate how formal media processes constituted “regimes of truth” about Westray. We argue that news discourse about the public inquiry was framed differently from news coverage in the immediate aftermath of the explosion (1992–1993). Later press reporting constructed a new “regime of truth” around political scandal but corporate crime was written out of existence in the truth-telling exercises of the press.     

Human Leukocyte Antigen alleles as an aid to STR in complex forensic DNA samples

Human biological samples with multiple contributors remain one of the most challenging aspects of DNA typing within a forensic science context. With the increasing sensitivity of commercially available kits allowing detection of low template DNA, complex mixtures are now a standard component of forensic DNA evidence. Over the years, various methods and techniques have been developed to try to resolve the issue of mixed profiles. However, forensic DNA analysis has relied on the same markers to generate DNA profiles for the past 30 years causing considerable challenges in the deconvolution of complex mixed samples. The future of resolving complicated DNA mixtures may rely on utilising markers that have been previously applied to gene typing of non-forensic relevance. With Massively Parallel Sequencing (MPS), techniques becoming more popular and accessible even epigenetic markers have become a source of interest for forensic scientists.The aim of this review is to consider the potential of alleles from the Human Leukocyte Antigen (HLA) complex as effective forensic markers. While Massively Parallel Sequencing of HLA is routinely used in clinical laboratories in fields such as transplantation, pharmacology or population studies, there have not been any studies testing its suitability for forensic casework samples.     

我国刑事赔偿制度之改革

In reference to the United Nations International Covenant on Civil and Political Rights (hereinafter referred to “the Covenants”), the state compensation system of China in criminal justice shall be reformed as such: Compensation for a miscarriage of justice should not be determined by the results of first instance or second instance, but no guilty through retrial in the final trial upon finding of new evidences. If policemen, prosecutors and judiciaries take lawful measures, causing loss to the suspected due to arrest, detention or other enforcement in the criminal proceedings, the suspected should not get the state compensation for that even if he is decided no guilty in the final trial. If the suspected is cooped up illegally, he should get the state compensation even if being decided guilty finally. The measures of search and seizure should be included in coercive measures, hence differentiating the lawful search and seizure and the unlawful infringement of the property rights. Yang Yuguan, Professor of the Procedure Law Institute in China University of Political Science and Law, whose research mainly covers procedure law and human rights law. He wrote many books and essays, for instance, “Computer and Crime” (1986), “On Plea Bargaining” (1986), “Basic Education in Prisons in China” (1995), “The United Nations Crime Prevention and Criminal Justice Policy” (1996), “On the Ratification and Implementation of the International Covenant on Civil and Political Rights” (2000), “On Hearsay” (2001), “On Exclusionary Rule” (2002), “Human Rights Law: Study On International Covenant on Civil and Political Right” (2003), “The International Criminal Court: Idea, reality and Prospective” (2007), “Death Penalty Control with Procedural Law” (2006), “On Due Process of Law and Human Rights Protection” (2005). He was once a researcher fellow of Ministry of Justice of China, a member of the Crime Prevention Branch of the United Nations Office at Vienna, and an editor-in-chief in some books, such as “The United Nations Criminal Justice Norms and Standards”, “The United Nations Human Rights Treaty Bodies and their Comments”, “A Study On UN Convention of Anti-corruption”.     

What is Inhuman Treatment?

In this article, I propose and argue for a conception of inhuman treatment. In the human rights context, I claim, inhuman treatment is that which is grossly degrading. Relative to “cruel,” “inhumane,” and “degrading,” “inhuman” has received little attention from moral philosophers. My aim here is to analyze this concept in greater depth in order to determine what it brings to discussions about punishment and other kinds of treatment. I begin by drawing distinctions between “inhuman,” “inhumane,” and “degrading.” Then, I discuss analyses of “inhuman treatment” proposed by Jeremy Waldron and John Vorhaus. Although I find both conceptions problematic, discussing each helps me to set the stage for my proposal. After articulating and arguing for my own conception, I conclude by briefly explaining some of its implications.     

Developmental Pathways into Social and Sexual Deviance

Path analysis was used to assess the contribution of four exogenous developmental variables (sexual abuse, physical abuse, exposure to violence, exposure to pornography—each occurring prior to age 13) and four personality constructs (“psychopathic and antagonistic attitudes,” “psychosocial deficits,” “pedophilia,” “hostile masculinity”) to the prediction of non-sexual delinquency and number of male child victims in a sample of 256 adolescent males with a history of “hands-on” sexual offending. “Psychosocial deficits” was found to partially mediate the effects of the exogenous variables on both outcomes. Exposure to violence both directly, and indirectly through “psychopathic and antagonistic attitudes,” contributed to the prediction of non-sexual delinquency. Sexual abuse by a male directly, and indirectly through “hostile masculinity” and “pedophila”, contributed to prediction of number of male child victims. Clinical implications of the findings are discussed.     

Young Children’s Competency to Take the Oath: Effects of Task,Maltreatment, and Age

This study examined maltreated and non-maltreated children’s (N = 183) emerging understanding of “truth” and “lie,” terms about which they are quizzed to qualify as competent to testify. Four- to six-year-old children were asked to accept or reject true and false (T/F) statements, label T/F statements as the “truth” or “a lie,” label T/F statements as “good” or “bad,” and label “truth” and “lie” as “good” or “bad.” The youngest children were at ceiling in accepting/rejecting T/F statements. The labeling tasks revealed improvement with age and children performed similarly across the tasks. Most children were better able to evaluate “truth” than “lie.” Maltreated children exhibited somewhat different response patterns, suggesting greater sensitivity to the immorality of lying.     

Towards a global critical justice problematic

This paper argues that a global perspective is demanded by neo-Marxist methodological considerations, pointing out that traditional comparative criminology has been seriously flawed in its assumptions and preconceptions. A critical comparative criminology must be based on a world system and/or dependency model, coupled with human rights concerns. The crucial concerns of critical criminology are re-identified within a problematic of the concepts: “reproduction”, “production”, “the state”, and “transformation”. Their relevance to a comparative criminology is underscored, by way of critiquing north/western (including Canadian) critical criminology. The paper ends by drawing out some of the implications of this approach for justice theory and research in Canada.     

Classification Typology and Assessment of Five Levels of Woman Battering

Family violence is a prevalent, dangerous, and often life-threatening social and public health problem. It is an indiscriminating crime that knows few boundaries, as recent annual estimates indicate that over 8.7 million women are battered by husbands, boyfriends, and other intimate partners [Roberts, 2002; Roberts & Roberts, 2005]. This article examines a new five-level classificatory schema or typology detailing the duration and severity of woman battering. Five hundred and one battered women completed in-depth interviews which formed the basis for a new classification typology ranging from short-term to chronic to homicidal levels. The current research on different types of battering relationships provides clinicians and forensic specialists with psychosocial indicators that can be utilized as a basis for early intervention and prevention of lethal consequences. The concept of the unknown prevalence of women abuse, or the “dark figure,” is also addressed in this article. Additionally, practical suggestions are made for implementing crisis intervention protocols.     

The commercialization of academic patents: black boxes,pipelines, and Rubik’s cubes

Drawing on histories of technological innovation originating from research by faculty at The Pennsylvania State University and Johns Hopkins University, this paper presents evidence for a “technology” as well as an “intellectual property rights” research approach to the commercialization of academic patents. By describing how inventor and firm activities and strategies affect the technical development and commercial positioning of university patents, a technology focus adds depth to the general proposition that university patents are embryonic technologies. It likewise serves as an analytical probe to reconsider other mainstream propositions about university technology transfer.     

Japan,Korea, the Philippines,China: four syndromes of corruption

Both generalizations about “Asian corruption”, and claims about greater or lesser amounts of corruption, tend to overlook the many variations existing among and within Asian societies, and among the corruption problems they experience. I suggest that deeper influences in social, political and economic development, and contrasting institutional settings, create four distinctive syndromes of corruption, each with its own set of implications for relationships between wealth and power. Japan is an example of “influence markets” in which private interests buy or rent influence over relatively specific policy outcomes within a strong state. Korea is a case of “elite cartels”, in which collusion and corrupt incentives enable several kinds of elites to cooperate in governing, enriching themselves, and resisting rising political competition. The Philippines is marked by “oligarchs and clans”, with powerful families and their entourages plundering a weak state in a climate of uncertainty and insecurity. China experiences “official mogul” corruption, in which officials abuse state power with impunity, although that process is becoming increasingly fragmented. The four syndromes may help us understand why corruption and rapid growth have coexisted in some, but not all, Asian states for long periods of time, and may also help us understand why some of those states will adapt to new global realities only with some difficulty. They also show how “consensus”-driven reforms emanating from the west may not only be ineffective, but may actually make matters worse.     

The Supreme Array Scripture: A New Interpretation of the Title “Gaṇḍavyūha-sūtra”

This article argues for a new interpretation of the Sanskrit compound gaṇḍa-vyūha as it is used in the common title of the Mahāyāna text the Gaṇḍavyūha-Sūtra.The author begins by providing a brief history of the sūtra’s appellations in Chinese and Tibetan sources. Next, the meanings of gaṇḍa (the problematic member of the compound) are explored. The author proposes that contemporary scholars have overlooked a meaning of gaṇḍa occurring in some compounds, wherein gaṇḍa can mean simply “great,” “big” or “massive.” This general sense is particularly common in the compound gaṇda-śaila (a “massive rock” or “boulder”) and is found in such texts as the Bhāgavata Purāṇa, the Harivaṃśa and the Harṣacarita. Following the discussion of Gaṇḍa, the author examines the term vyūha (“array”) as it is used in the Gaṇḍavyūha-sūtra. The article concludes with the suggestion that a more appropriate translation of the Gaṇḍavyūha-sūtra would be “The Supreme array Scripture.”     

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.