Detention Short of Arrest For Questioning in England: An Update

This research sampled 163 nations of the world to determine the use and non-use of capital punishment for 1980–85. The first conclusion was that the majority of the nations do have a legal device to administer capital punishment (77% with Yes; N = 126). The 22 nations who executed averaged 4.2 executions, per year. When the other nations are factored in, the average is 1.57 “official executions” per year (N = 163). Many nations have the legal device to execute, but few do. The top nations reporting were South Africa with 111, and Mauritius with 25 (per year 1980–85).

The average age for execution for the 42 reporting nations was 18. The United States of America was the only nation reporting for less than 16 years old. The following “methods of execution” were reported:

1.

Hanging (N = 26, 57%)

2.

Shooting (N = 11, 24%)

3.

Beheading (N = 7, 15%)

Nations also excluded from the death penalty for the following reasons:

1.

Mental Illness

2.

Juveniles

3.

Pregnant Woman

Only 7 nations reported “open” or “public” executions.     

Book reviews

Handbook of Legal Information Retrieval Edited by J Bing, Norwegian Research Centre for Computers and Law, Oslo, in co‐operation with T Fjeldvig, T Harvold and R Svoboda North‐Holland 1984, US $96.25

Information Technology: The Challenge to Copyright. James Lahore, Gerald Dworkin and Yvonne Smyth Sweet & Maxwell and The Centre for Commercial Law Studies 1984, £12.00

Data Processing and the Law Edited by Colin Campbell Sweet and Maxwell 1984, £20.00

Le droit des Contrats Informatiques — Principes — Applications Centre de Recherches informatique et droit des Facultes Universitaires de Namur Maison Ferdinand Larder (Brussels), 1983, 45 FB

Computer Insecurity Adrian R.D. Norman Chapman and Hall 1983, £14.95

The Data Protection Act Richard Sizer and Philip Newman Gower Publishing, 1984, £16.95

The Data Protection Act 1984 Professor Bryan Niblett Oyez Longman Publishing, 1984, £18.00

The Data Protection Act 1984 — A Guide to the New Legislation J. A. L. Sterling CCH Editions, 1984, £15.00

Privacy and Data Protection — An International Bibliography Professor David H. Flaherty Mansell Publishing, 1984, £23.50

Computer Contracts R Morgan & G Stedman Oyez Longman Publishing 1984, 2nd Edition, £27.50

Computer Contracts Handbook Michele Rennie Sweet & Maxwell 1984, £15.00

Computer Contracts — An International Guide to Agreements and Software Protection Hilary Pearson Financial training 1984, £14.95     

Corrections in Israel and the United States: A Comparative Analysis

The general underlying philosophical intent of corrections in both Israel and the United States is the restoration of the offender to a productive role in the community. Since the correctional intent is essentially the same, it is not surprising that the systems established to implement this aspiration are rather similar and exhibit many of the same ambiguities, weaknesses, and frustrations. The focus of the paper is on two correctional alternatives: incarceration and probation.

As in America, Israel's prisons are overcrowded; most of the correctional facilities are unfit for human habitation; sanitary conditions are poor; occupational, vocational, and educational opportunities are virtually non-existent; and rehabilitation exists in name only. The recidivist rate of criminal offenders is as high in Israel as in the U.S. Various Israeli commissions in recent years have decried the prison conditions and have called for reform but, again as in the U.S., the problem has defied an acceptable solution.

Israel's probation services are part of the country's social services delivery system rather than the penal or judicial systems. That is the case because, unlike the U.S. conception, probation in Israel is not considered a punishment. Probation services are utilized by the Criminal Justice System, but organizationally they are not part of it. Still, the functions carried out by the Israeli probation officers very much resemble those of their counterparts in the U.S. Probation services in Israel have not expanded in recent years, even though the number of incarcerated offenders has increased.

Corrections has never been a priority in Israel and will not be so long as the country remains preoccupied with security matters. On the other hand, the crime rate continues to increase and so does the prison population. Consequently, the country's correctional problems and policies, in all their dimensions, should be re-examined, and the sooner the better.     

Book reviews

An Artificial Intelligence Approach to Legal Reasoning Anne Von Der Leith Gardner MIT Press 1987. £20.25

Design—The Modern Law and Practice Ian Morris and Barry Quest Butterworths. 1987. £45

Computers and the Law Richard Mawry and Keith Salmon BSP Professional Books,(Oxford, London, Edinburgh) 1988, £19.95

Television by Satellite—Legal Aspects Stephen de B. Bate (ed.) ESC Publishing Limited. 1987. £32.75.

Computer Software: Legal Protection in the United Kingdom Henry Carr E.S.C. Publishing Ltd 1987, £32.50.

Patents in Chemistry and Biotechnology Philip W Grubb Clarendon Press 1987. £12.50.

The International Handbook on Computer Crime Computer‐related Economic Crime and the Infringements of Privacy Ulrich Sieber John Wiley & Sons 1987. £24.95.

Computer Law: Theory and Practice Naomi Assia Advocate     

Information technology in complex civil litigation in England and Wales

The use of information technology in civil litigation in England and Wales is in its infancy. In particular, litigation support systems are used by few,¹ and only within some solicitors’ offices and barristers’ chambers. The process of litigation support has not yet been taken from the solicitor's office into the court room.

Complex litigation is an area of legal practice particularly apt to benefit from the use of modern information technology both before trial and during the trial. Complex litigation involves such a diversity of issues, allegations of fact, and divergent opinions as to be difficult to retain within the short term memory of one human brain for the length of time taken by the exposition of the evidence and argument followed by judicial analysis and expression of the judgment.

This type of litigation also benefits from intervention by the Court in the preparations for trial, and in that endeavour information technology would also be most helpful.

In this article I shall try to review in very general terms what is done and what could be attempted. I shall generally concentrate on civil rather than criminal litigation.

The views expressed are my views alone.     

Book reviews

Electronic Contracting, Publishing, and EDI Law Michael S Baum and Henry H Perritt, Jr Wiley Law Publications 1991. ISBN Q 471 53135 9

The Law of Electronic Commerce: EDI, Fax and E‐Mail Technology, Proof and Liability Benjamin Wright Little, Brown and Company 1991. ISBN Q 316 95632 5 $95

Crime and the Computer Martin Wasik Oxford University Press 1991. ISBN 0 19 825621 3 £35

Broadcasting: the New Law Nicholas Reville Butterworths ISBN 0 406 001375 £16

Regulating the Media Thomas Gibbons Sweet and Maxwell ISBN 0 421 37450 0 £27.50

Legal Protection of Computer Software Ranald Robertson Longman 1991. ISBN 0 851 21684 6 £35

The Computerised Lawyer: a Guide to the Use of Computers in the Legal Profession Philip Leith Springer‐Verlag 1991.

Winning with Computers: Trial Practice in the 21st Century John C Tredennick Jr, Editor ABA Section on Law Practice Management 1991. ISBN 0 89707 658 3 $90

The Age of Information Stephen Saxby Macmillan 1990. ISBN 0 333 54832 9 £25

Computer Security: Hackers Penetrate DOD Computer Systems: Testimony before the Subcommittee on Government Information and Regulation, Committee on Governmental Affairs, United States Senate (A General Accounting Office Report) James Brock, Jr 1991. GAO/T‐IMTEC‐92–5

Computer Contracts Morgan and Stedman (4th Edition) Longman Commercial Series 1991. ISBN 0–85121–6854 £60     

Book reviews

Computer Law (4th edition) Colin Tapper Longman ISBN CSD 0 582 05932 1 £22.50 PPR 0 582 02491 1 £35.00

Further Computer Contracts M‐T Michèle Rennie Sweet and Maxwell 1989. ISBN 0 421 40330 6

Formalism in AI and Computer Science Philip Leith Ellis Horwood 1990. ISBN 1 3325549 2

Electronically Recorded Evidence ‐ A Guide to the Use of Tape and Video Recordings in Criminal and Civil Proceedings Sybil Sharpe Fourmat Publishing 1989. ISBN 1 85190 071 3

Computer Law Chris Reed(ed) Blackstone Press Limited 1990. ISBN 1 85 431037 2

EDI and American Law: A Practical Guide Benjamin Wright Electronic Data Interchange Association 1989. ISBN 0 96 238750 9

Computer Software Protection and Semiconductor Chips Dr Dirk Schroeder (Butterworth's Current EC Legal Developments Series) 1990. ISBN 0 406 04021 4

Computers and the Law David I Bainbridge (Pitman) 1990. ISBN 0 273 03170 8     

Book reviews

Word Processing for Solicitors, Kevin Townsend and Kate Taphouse, Gower Publishing, 1983 £12.50

Computer Law, Colin Tapper, Longman, London and New York, 1983 Third Edition, £9.50

Understanding Computer Contracts, Martin Edwards, Waterlow Publishers, 1983 £6.50

Data Protection: Perspectives on Information Privacy, Edited by Colin Bourn & John Benyon, Department of Adult Education, University of Leicester, 1983 £5

The Computer in Court, Alistair Kelman and Richard Sizer, Gower Publishing Company, 1982 £15.50

Principles of Database Systems, Jeffrey D Ullman, Pitman Publishing Ltd, 1982 Second Edition £13.95

Computers and the Law Teacher, A report of the proceedings of a conference held at North Staffordshire Polytechnic, Edited by David V Marshall, North Staffordshire Polytechnic, 1983 £3     

Self-injury group psychotherapy intervention for young offenders: a pilot study

Objective: Self-injury (SI) is a significant and growing problem with the prison estate and a particularly acute issue with young offenders. Despite this, there are no evidence-based interventions for Young Offenders with SI difficulties. The Self-Injury Group Psychotherapy Intervention (SIGPI) was developed to target this.

Method: Drawing on existing evidence, the group was developed and piloted on a sample of 12 male Young Offenders (mean age 19.85 years) in custody with a history of SI. Participants were measured on observable SI behaviour, SI thoughts and urges and psychological distress. A within subject design was utilised with measures at baseline, 6 months and 1 year.

Results: At 12 months follow-up, a significant reduction in SI acts, time spent on SI monitoring, severity of urges and difficulty resisting SI. Psychological distress was also reduced.

Conclusions: SIGPI could be a potentially promising intervention and further investigation into its efficacy is warranted.     

Book reviews

Transborder Data Flows (Proceedings of an OECD Conference) Edited by Hans‐Peter Gassmann North Holland (Elsevier Science Publishers) 1985, US$74.00

Plastic and Electronic Money: New Payment Systems and Their Implications Patrick Frazer Woodhead Faulkner Limited 1985 £35

A User's Guide To Computer Contracting: Forms, Techniques and Strategies Davis, Allen, Bowman and Armstrong Harcourt Brace Jovanovich 1985, $75

Legal Protection of Computer Programs and Data C. Millard Sweet & Maxwell/Stevens 1985, £24

Piracy of Phonograms Gillian Davies ESC Publishing Ltd. 1986. 2nd edition. £17.95.

Biotechnology and Patent Protection—An International Review F. K. Beier, R. S. Crespi and J. Straus O.E.C.D. 1985, £5

Protecting Privacy in Two‐Way Electronic Services David H. Flaherty Mansell Publishing Company 1985, £23.50

High‐Tech Espionage Jay Tuck Sidgwick and Jackson Ltd 1980, £10.95     

Book reviews

Computer Software — Legal Protection in the United Kingdom, 2nd edition Henry Carr and Richard Arnold Sweet and Maxwell 1992. ISBN 0 421 44380 4 £45

Legal Protection of Computer Programs in Europe — a Guide to the EC Directive Bridget Czarnota and Robert J Hart Butterworths 1991. ISBN 0 406 00542 7

Intellectual Property Rights in Sound Recordings, Film and Video J A L Sterling Sweet and Maxwell 1992. ISBN 0 421 4570 9

The European Market Place James Hogan Macmillan 1991. ISBN 0 333 51858 6

Intellectual Property D Bainbridge Pitman 1992. ISBN 0 273 034265 X     

Analysis and counter‐policies on elderly criminals in Korea

The second counter‐policy is an establishment of a proper network of legal systems, including the establishment of accurate statistical data and well‐structured criminal law and defense systems for the elderly — comparable to the currently operative systems established to process and to deal with crimes of teenage and female offenders.

Research on indigence, health, recreation, housing and other welfare areas of the elderly is common in Korea, but research on elderly criminals is rare. Projecting that their crime rates will rise, this preliminary research was conducted in order to understand their crime status and to establish proper counter‐policies.

This research focuses on the analysis of the present elderly population and changes of their status, in addition to criminal theories and criminal trends. Analysis on criminal statistics is done through classifying criminal offenses and special offenses according to the present governmental criminal classification methods of Korea. Criminal offenses are further separated into serious and estate‐related offenses.

The result of analysis on elderly criminals in Korea indicates that the most common crimes are assaults and related offenses, including battery and bodily injuries. Most assaults or related charges were, however, not decidedly serious. Among estate‐related offenses, misappropriation and property‐damage were the most common. Among special offenses, constructional violations have the highest rate. The majority of estate related offenses were less serious and produced less than W‐ 1,000,000 (approximately $1150 US dollars) in damages.

Destruction of traditional society is the major source of criminal activities. While younger generations demand less authoritarian and more interdependent relationships, the elderly insist upon adhering to their traditional ways of thinking. The elderly commit crimes out of the animosity and exasperation created from a perceived incompatibility with modern society. Their diminishing social and family hierarchies, along with carelessness and lack of recreation, lead the elderly into feeble or fatuous life styles, eventually leading to various offenses.

There is no simple solution to prevent the elderly from committing crimes since complex social and/or personality problems cause these deviant behaviors. The government needs to understand the overall problems and establish necessary counter‐policies with regard to the elderly. Even if their present crime rates seem insignificant now, the numbers are growing rapidly.

Conclusively, the first counter‐policy is to eliminate the source of the problems. Some specific policies that can be adopted to eliminate these sources include the expansion of employment and related educational opportunities to improve their economic conditions; realignment of medical benefit systems; broader access to effective recreational activities through volunteer and other civic programs; and social adjustment programs that can guide the elderly to better adjust to the evolving social changes.     

The Correlates of Female Criminality in Nigeria

There is a great need to study female criminality in African Societies. Therefore, this paper investigates the general characteristics of Nigerian female offenders incarcerated in a major woman's prison in Nigeria. In a preliminary study of female offenders in Nigeria, Oloruntimehin (1982) suggests that female criminality in Nigeria may be correlated with socioeconomic and family background variables. Consequently, the major task of this study is to find out the relationship between socioeconomic and family bond measures and female criminality in Nigeria. The offenses the inmates committed form the dependent variables.

The data show that most of the inmates had a loose attachment to their families prior to the time they committed the offense that led to their imprisonment, most of the offenders are lower-class persons. There is an inverse correlation between socioeconomic measures and involvement in property crimes (p =.01) and crimes without victims (p=.001). Also, there is no significant relationship between socioeconomic measures and crimes against persons. Family bond measures are significantly correlated with involvement in property crimes (p=.001), crimes without victims (p =.001), and personal crimes (p =.01). But there is no significant relationship between family bond measures and involvement in smuggling contrabands.

The inmates' criminality can be explained in terms of the breakdown of kinship ties and poor economic conditions in Nigeria.     

Measures Tending to Combat Recidivism Among Women Offenders

[Editor's Note] Traditionally crime has been the domain of males for a number of reasons, chief of which is the fact that they have had more responsibility in both domestic and occupational areas. In the administration of justice differential treatment has been practiced in accordance with age, sex, social status, race, ethnicity, wealth, education, prestige, and other idiosyncrasies of individuals. Females have a distinct advantage over males in the following areas: 1) the public's report to the police; 2) police arrest; 3) the court's sentence; 4) incarceration. There is evidence to show that because of this males not only risk becoming offenders more than females, but also risk becoming victims of that offense.

To cite some examples, in 1972 male arrests outnumbered female by almost six to one in the United States, and only 18 percent of the arrests for Crime Index offenses were women. According to an F.B.I. report approximately 20 per cent of total property crime arrests in 1972 were female. Yet it should be noted that some crimes are committed more by females than by males, such as offenses against chastity and common decency, prostitution, embezzlement and fraud, forgery and counterfeiting, larceny and theft. Recently the F.B.I. reported a rise in female offenses, particularly among those under the age of 18. According to this report, well over half the runaways apprehended are young women.

As a result of a higher educational level among women, more women remaining single due to professional and occupational interests, and the Contemporary Women's Liberation movement, a gradual increase in criminality among women is anticipated, although this is disputed by the French correspondent in the following article who argues for a reverse trend. Yet with more women competing with men in the future and becoming more active politically to achieve equality, crime as a predominantly male pattern of behavior may change.

Crime among women has yet to be thoroughly studied. Some criminologists maintain that female criminality is “masked” or “suggestive” behavior because to a great extent female criminals are hidden or unreported, or in some instances men commit crime on behalf of women. Any meaningful assessment of female criminality must take into account complex physiological, psychological and socio-cultural factors.

The meeting of the International Council of Women in conjunction with the Third United Nations Congress on the Prevention of Crime and the Treatment of Offenders in 1965 marked only a small beginning in the understanding of this segment of criminal behavior. This article deals only with recidivism among women offenders, and readers are advised to discover how other societies treat female criminals. Although several recommendations are made as to how women offenders can best be served, much more research into female criminality must be done before reaching any definite conclusions. Some causal factors paralleled the male counterpart, but before this segment of criminality can be treated effectively, causal elements of a more general nature must first be established. [Source: “Measures Tending to Combat Recidivism Among Women Offenders,” article submitted by the International Council of Women, Standing Committee for Social Welfare to the 3rd United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Stockholm, A/CONF. 26/NGO/2, 4 May 1965.]     

Validating Niederhoffer's Cynicism Scale: The Case for Black Officers

Previous methodological reports in the literature about cynicism have concluded that the Niederhoffer Scale is unreliable and meaningless in predicting police officer behavior. The entire research has rested on small samples of white officers, despite the increasing presence of black officers in urban departments.

Past literature has examined the relationship between the cynicism scale and other attitudinal constructs. Despite the fact that the scale is intended to predict behavior, correlations between the scale and behavioral criterion variables have not been reported.

In this paper we present the results of conventional reliability analysis on a sample of black police union activists. The twenty item scale is resubjected to a five factor varimax solution. Only eight items are observed to reload on factors initially observed by Regoli (1976) and indicate little stability within internal factor configurations.     

The Closed Mind and the Judgement of Crime: A Replication of the Sellin-Wolfgang Index

The judgement of the seriousness of delinquent events was interpreted as a “measurement of consensus regarding social norms and cultural values. Therefore, it was hypothesized that the evaluative mode of orientation would be used in the judgement process and that personality variables (which use the cognitive mode of orientation) would not influence consensus obtained using the Sellin-Wolfgang psychophysical method. Sex and dogmatism were tested as independent variables.

The hypothesis was supported in cases where the element of damage in the delinquent event was clear. In cases where the amount of damage presented a problem, the independent variables explained significant amounts of variation in the dependent variable. It was concluded that in these latter cases, the cognitive mode of orientation is used, producing less consensus.

Methodological difficulties inherent in the use of psychophysical scaling are discussed. It is concluded that these difficulties should be overcome before using the Sellin-Wolfgang index to measure cultural norms and values.     

University visitor revisited. Part 2

The House of Lords not convinced by the New Zealand innovation

     

Crime and Delinquency Prevention in Some European Countries

As part of a larger study on crime and delinquency prevention programs in North America, the authors visited four European countries, Belgium, France, Germany and Switzerland in order to compare prevention programs and their evaluation.

The authors found that the systematic study of the programmatic effectiveness and efficiency of crime and delinquency prevention is unknown to European practitioners and researchers.

The authors describe in this article six European crime and delinquency prevention programs: family case-work, leisure activities, community organization, crisis intervention centers, information for victims and prevention police activities.