Facial recognition technology,democracy and human rights

On 4 July 2023, the Third Section of the European Court of Human Rights (ECtHR) delivered the first judgment on the compatibility of facial recognition technology with human rights in Glukhin v. Russia. The case concerned the use of facial recognition technology (FRT) against Mr Glukhin following his solo demonstration in the Moscow underground. The Court unanimously found a violation of Article 8 (right to respect for private life) and Article 10 (freedom of expression) of the European Convention of Human Rights (ECHR). Regarding FRT, the Court concluded that the use of highly intrusive technology is incompatible with the ideals and values of a democratic society governed by the rule of law. This case note analyses the judgment and shows its relevance in the current regulatory debate on Artificial Intelligence (AI) systems in Europe. Notwithstanding the importance of this decision, we argue that the Court has left crucial questions unanswered.     

Anxiety in prisoners today.

Models based on modern theories of anxiety were used to develop a hypothesis concerned with the relationship of anxiety and/or the tendency to aggressive behavior and the tendency to depressive reactions in prisoners. Anxiety, aggression and depression scales were the instruments used in this study. Special emphasis was placed on the question as to whether there is a quantitative difference in anxiety and aggression in non-working as compared with working prisoners. Significant differences were found between working and non-working prisoners with regard to anxiety and depression. A difference was also calculated for the parameter of reactive aggression. In the following the far-reaching implications of these results for penological practice and perspectives for further studies are discussed.     

Psychopathology and tattooing among prisoners

Tattooing has always been associated with criminals. Indeed, it is both an administrative and clinical problem in prisons. This article looks at the relationship between psychopathology and tattooing infractions within prison. Using a sample of 8,574 male inmates in the Colorado Department of Corrections, initial admission personality testing was compared to tattooing infractions within the next 2 years. Personality types more likely to engage in tattooing included Antisocial, Sadistic, Negativistic, and Borderline. Compulsive personality types engaged in relatively less tattooing. Clinical syndromes associated with more tattooing included Mania, Drug Abuse, Post-Traumatic Stress disorder, and Thought Disorder.     

Psychopathy among prisoners in England and Wales

Most research into psychopathy among prisoners is based on selected samples. It remains unclear whether prevalences are lower among European populations. This study aimed to measure the prevalence of psychopathy, and the distribution and correlates of psychopathic traits in a representative national sample of prisoners. Psychopathy was measured using the revised Psychopathy Checklist (PCL-R) in a second stage, cross-sectional survey of prisoners in England and Wales in 1997 (n = 496). Poisson regression analysis was carried out to examine independent associations between correlates and PCL-R total and factor scores. The prevalence of categorically diagnosed psychopathy at a cut off of 30 was 7.7% (95%CI 5.2–10.9) in men and 1.9% (95%CI 0.2–6.9) in women. Psychopathic traits were less prevalent among women. They were correlated with younger age, repeated imprisonment, detention in higher security, disciplinary infractions, antisocial, narcissistic, histrionic, and schizoid personality disorders, and substance misuse, but not neurotic disorders or schizophrenia. The study concluded that psychopathy and psychopathic traits are prevalent among male prisoners in England and Wales but lower than in most previous studies using selected samples. However, most correlates with psychopathic traits were similar to other studies. Psychopathy identifies the extreme of a spectrum of social and behavioral problems among prisoners.     

Self-reported crime rates of women prisoners

This paper presents findings from the first study of female prisoners' self-reports of criminal activity. Using the criminal career paradigm to frame the analysis, self-reported estimates of crime participation and frequency rates were examined for eight felony crimes. Important similarities between women and men were found in overall patterns of crime. Specifically, a small proportion ofboth women and men described committing a large portion of the total crimes reported. These data also suggest that women and men are similar in violent crime participation — a finding that varies from the current literature. Once active in a crime type, women and men committed assault, theft, and forgery at significantly different rates; no gender differences were found in the annualized frequency rates of burglary, robbery, motor vehicle theft, fraud, and drug dealing. However, although statistical differences were not found in the overall frequency of drug dealing, specific patterns of drug dealing reflected considerable gender variation, with a larger proportion of the female sample committing very frequent (daily) drug dealing activity. The findings reflect the value of the criminal career paradigm for the study of gender differences. Future research should include largescale quantitative designs that allow detailed analyses of correlates of the distinct criminal career dimensions.Points of view are those of the author and do not necessarily reflect the official position of the U.S. Department of Justice.This research was funded in part by the National Institute of Justice, Grant 87-IJ-CX-0048.     

Human Rights in the Scottish Courts

This article looks at the use made of the human rights legislation in the Scottish courts since the devolution of legislative and executive power to Scotland, based on research undertaken in all the ordinary courts, but excluding tribunals. It concludes that the incorporation of the Convention via the human rights legislation has had significant effects within the Scottish court system and on policy development without amounting to a major upheaval.     

苏格兰的检察系统

最近,作者赴英国期间对苏格兰的检察系统进行了考察,结合苏格兰提供的第一手资料,现将有关情况介绍如下:一、一般概况苏格兰中央设皇家检察院,地方设地方检察官服务处,独立地负责案件的公诉以及死亡案件的调查。它们是苏格兰最高行政会议的下属机构,归检察总长领导。根据苏格兰     

Radicalization of U.S. prisoners

Research Summary
Concern has been expressed that prisoner radicalization poses a high probability threat to the safety of the United States. Although the threat of terrorist acts planned in prison is known to be above zero because of a nearly executed terrorist plot hatched in a state prison, the central finding of this research is that the actual probability is modest. The reasons for a modest probability are fourfold: Order and stability in U.S. prisons were achieved during the buildup period, prison officials successfully implemented efforts to counter the "importation" of radicalism, correctional leadership infused antiradicalization into their agencies, and inmates' low levels of education decreased the appeals of terrorism.
Policy Implications
The prison environment permits a great deal of information to be collected on the activities and, more difficult to detect, planned activities of inmates after they are released. This environment requires the attentive observation of staff, collection of information from inmates, and efforts at different levels of a correctional agency to assemble, collate, and assess information; much of it is likely to be false and some will be vital.     

Organization and education among Salvadoran political prisoners

During twelve years of war, the Salvadoran government imprisoned thousands of activists. Confronting massive violations of their human rights, prisoners struggled against prison authorities to resist the abuses to which they were subjected. They also educated themselves mutually, applying the principles of popular education widespread in the Salvadoran popular movement, which emphasized close integration between pedagogy and politics both in the content of education and in the political process. In opposing oppressive confinement and in mutually educating themselves, prisoners continued the political struggle they had been waging outside. Human rights movements working to protect them against violations of their rights used a rhetoric which presented them as helpless victims, but the prisoners' own testimonies reveal that they were active protagonists opposing injustice even in prison.     

The lay component in Scottish juvenile justice

A recently completed study of the Scottish juvenile justice system, employing a variety of methodological approaches, is used as a source of information on the behavior and attitudes of the lay volunteers who make up children's panels and are responsible for decisions concerning young people who are alleged to have committed an offense or are believed to be in need of care and protection. The reported data relate to the beliefs of panel members as to the causes of delinquency and the objectives of intervention and alternative disposals; the topics they raise for discussion in children's hearings and the factors which influence the decisions they make; and the manner in which they are perceived by the children and parents who have appeared before them.     

Gender and perception of prisons and prisoners

An analysis of national opinion survey revealed that women, as compared to men, favored punishing serious offenders. Women, more often than men, believed that most offenders could be reformed through early intervention programs. Men, on the other hand, favored the ideas of increasing taxes for building more prisons and granting conjugal visitation to some inmates. Finally, it was argued that the differences between men’s and women’s opinions regarding punishment and rehabilitation was more a function of respondents’ race/ethnicity, education, income, the source of the crime news, and the TV crime shows they watched, than gender itself.