City/Courthouse Building: A Mirror Game. Examining Connections Between Courthouse Buildings and Location in the Urban Environment

Courthouses are one of the founding pillars of the modern rule of law, being a sovereign body. But courthouses are not just buildings where justice is applied, administered, and written. From Max Weber on, courts have been associated with the urban dimension and the place they occupy in the geography of the cities. As in a mirror game, both city and court building look at each other, both shape each other, they belong to one another. And yet, how often do we think of their intimate interactions? Having this in mind, and by examining a number of geographically disparate cases, I intend to discuss correlated variations of the mirror game between city and courthouse building, where variables such as ‘the proxemics of the courthouse’, the (dis)alignment amid centre and periphery, ‘the sense of loss’ and the significance of control/discipline will be central to comprehend the ‘court/city’ narratives involved. Such semiotic analysis aims to foster reflection on the socio-political weight the location of the court—the connections of the building (comprising its architecture) and the city—may express. I conclude by arguing that courthouse buildings must rediscover their place and legitimacy, not only in the community’s collective imagination, but also in the urban space, promoting a closer dialogue with the cities in which they operate, as essential axes of city life. Particularly at a time when the likely way forward suggests a digital trajectory, possibly without the need for buildings.

     

Data protection law beyond identifiability? Atmospheric profiles,nudging and the Stratumseind Living Lab

The deployment of pervasive information and communication technologies (ICTs) within smart city initiatives transforms cities into extraordinary apparatuses of data capture. ICTs such as smart cameras, sound sensors and lighting technology are trying to infer and affect persons’ interests, preferences, emotional states, and behaviour. It should be no surprise then that contemporary legal and policy debates on privacy in smart cities are dominated by a debate focused on data and, therefore, on data protection law. In other words, data protection law is the go-to legal framework to regulate data processing activities within smart cities and similar initiatives. While this may seem obvious, a number of important hurdles might prevent data protection law to be (successfully) applied to such initiatives. In this contribution, we examine one such hurdle: whether the data processed in the context of smart cities actually qualifies as personal data, thus falling within the scope of data protection law. This question is explored not only through a theoretical discussion but also by taking an illustrative example of a smart city-type initiative – the Stratumseind 2.0 project and its living lab in the Netherlands (the Stratumseind Living Lab; SLL). Our analysis shows that the requirement of ‘identifiability’ might be difficult to satisfy in the SLL and similar initiatives. This is so for two main reasons. First, a large amount of the data at stake do not qualify as personal data, at least at first blush. Most of it relates to the environment, such as, data about the weather, air quality, sound and crowding levels, rather than to identified or even likely identifiable individuals. This is connected to the second reason, according to which, the aim of many smart city initiatives (including the SLL) is not to identify and target specific individuals but to manage or nudge them as a multiplicity – a combination of the environment, persons and all of their interactions. This is done by trying to affect the ‘atmosphere’ on the street. We thus argue that a novel type of profiling operations is at stake; rather than relying on individual or group profiling, the SLL and similar initiatives rely upon what we have called ‘atmospheric profiling’. We conclude that it remains highly uncertain, whether smart city initiatives like the SLL actually process personal data. Yet, they still pose risks for a wide variety of rights and freedoms, which data protection law is meant to protect, and a need for regulation remains.     

On ‘Organized Crime’ in the illicit antiquities trade: moving beyond the definitional debate

The extent to which ‘organized crime’ is involved in illicit antiquities trafficking is unknown and frequently debated. This paper explores the significance and scale of the illicit antiquities trade as a unique transnational criminal phenomenon that is often said to be perpetrated by and exhibit traits of so-called ‘organized crime.’ The definitional debate behind the term ‘organized crime’ is considered as a potential problem impeding our understanding of its existence or extent in illicit antiquities trafficking, and a basic progression-based model is then suggested as a new tool to move beyond the definitional debate for future research that may help to elucidate the actors, processes and criminal dynamics taking place within the illicit antiquities trade from source to market. The paper concludes that researchers should focus not on the question of whether organized criminals- particularly in a traditionally conceived, mafia-type stereotypical sense- are involved in the illicit antiquities trade, but instead on the structure and progression of antiquities trafficking itself that embody both organized and criminal dynamics.     

Population drug use in Australia: a wastewater analysis

Accurate information on drug use in communities is essential if health, social and economic harms associated with illicit drug use are to be addressed efficiently. In most countries population drug use is estimated indirectly via surveys, medical presentations and police and custom seizures. All of these methods have at least some problems due to bias, small samples and/or long time delays between collecting the information and analysing the results. Recently the direct quantification of drug residues in wastewater has shown promise as a means of monitoring drug use in defined geographical areas. In this study we measured 3,4-methylenedioxymethamphetamine (MDMA), methamphetamine and benzoylecgonine in sewage inflows in metropolitan and regional areas of Australia and compared these data with published European data. Cocaine use was small compared to European cities (p<0.001) but was compensated for by much greater consumption of methamphetamine (p<0.001) and MDMA (p<0.05). MDMA was more popular in regional areas (p<0.05) whereas methamphetamine and cocaine were mainly consumed in the city (p<0.05). Greater than 5-fold increases in MDMA use were detected on weekends (p<0.001). This approach has the potential to improve our understanding of drug use in populations and should be further developed to improve prevention and treatment programs.     

Hot spot trafficking: a theoretical discussion of the potential problems associated with targeted policing and the eradication of sex trafficking in the United States

Throughout the United States, legal professionals and advocates have taken measures to address the access to victims of sex trafficking. A commonly accepted practice has been to advocate for the removal of ‘sex for sale’ advertising in free media such as Craigslist and Backpage. Although this action against the solicitation of prostitution has been celebrated by many advocates and legal professionals, the removal of such advertisements does not directly affect the prevalence of sex trafficking. In fact, displacement theory suggests that the removal of solicitation advertisements and targeted policing forces traffickers to simply advertise elsewhere or become more creative in selling the victims, thereby concealing the act of sex trafficking and making it less identifiable. Although we do not advocate for the maintenance of ‘sex for sale’ advertisements, the process of removing these ads is counterproductive, having little positive impact on the incidence of sex trafficking in the United States. Rather, it forces both traffickers and victims to bury deeper in the already hidden world of sex trafficking. Policy implications derived from criminal displacement theory and research are provided.     

A review of recent advances in impurity profiling of illicit MDMA samples

Profiling illicit ecstasy tablets has the potential to become an invaluable tool in the crackdown on drug trafficking, but that potential has yet to be fully realized. The impurity profile of an ecstasy tablet can be used to determine the method employed to synthesize the actual controlled substance, which in most cases, is 3,4-methylenedioxymethamphetamine (MDMA). Tablets can then be linked to a common synthetic route, potentially to a common manufacturer, and possibly even to a common manufacturing batch, based on the impurities present. Current methods for profiling MDMA tablets typically involve extracting the organic impurities for analysis by gas chromatography-mass spectrometry. The potential of profiling the trace metals present in tablets has begun to be investigated while more robust statistical and chemometric procedures are being applied to compare and link tablets. This article reviews the recent advances in MDMA impurity profiling from 2002 up to the end of 2006.     

Women,brokerage and transnational organized crime. Empirical results from the Dutch Organized Crime Monitor

This paper analyzes the role of women in various types of transnational organized crime and tests the ‘gendered markets’ hypothesis by Zhang et al. (Criminology 45(3):699–733 2007) for a wide cross-section of 150 cases from the Dutch Organized Crime Monitor. The main information sources for the Dutch Organized Crime Monitor are closed Dutch police investigations into criminal groups, often spanning a period of several years. Following four data sweeps, a wide cross-section of 150 cases was collected about various forms of organized crime (period 1994–2011): ‘traditional’ drug trafficking cases (cocaine, heroin, and cannabis), but also other—less frequently prioritized—phenomena such as synthetic drugs (production and export), human smuggling, human trafficking, and fraud and money laundering. The paper discusses several important theoretical perspectives from the organized crime literature: the gendered markets hypothesis; the social embeddedness of (transnational) organized crime: and the idea of brokerage. Furthermore, empirical data are presented on how often women play a (prominent) role in different types of criminal activities and which roles they play. These findings are related to the ‘gendered markets’ hypothesis and alternative explanations. Further qualitative analysis is presented on the transnational aspects which can be discerned in the studied cases: transnational marriage and transnational relationships; language and mediation; and migration and legal status. Finally, the main conclusions are discussed as well as their theoretical and empirical relevance.     

Out of Africa: The human trade between Libya and Lampedusa

Smuggling and trafficking in persons is ipso facto illegal. Is this criminal activity organised or diffuse? Recent objective indicators show that between 2000-2005 the reported incidence of people trafficking and smuggling from North Africa to Europe has escalated. The article examines the nature of criminality involved in people smuggling and trafficking with specific reference to the sea route between Libya and the Italian island of Lampedusa, 180 miles north of the Libyan coast. In 2006 almost 19,000 illegal migrants arrived on this small island. Recent major operations conducted by the Italian anti-mafia unit and the state police suggest transnational criminal organisation of the trade. The networks involved in this trade, however, do not conform to mafia-like hierarchical organisations but rather smaller, more complex and fluid criminal networks. The article aims to cast light on how people are smuggled and trafficked. The background to the rise in illegal immigration from Libya is sketched underlining the ‘push’ and ‘pull’ factors involved in the human trade. The article’s chief objective is to provide a greater understanding of the mechanisms and processes involved in smuggling/trafficking. A better knowledge of the processes involved is vital if domestic, regional and international authorities and bodies are to counter the practice and/or to formalise it.     

Lawyering on the margins: lawyers and drug-criminals before Mexican federal courts

This paper explores some of the empirical dimensions of the way in which lawyers litigate drug crime cases in Mexican federal courts. In particular, the aim is to illustrate two aspects of the relationship between the legal profession practice and the crimes related to the trafficking, production, possession and transportation of illegal drugs in Mexico. The investigation focuses on whether the distinction between ‘narco-lawyers’ and ‘lawyers defending other crimes’ could be pertinent and useful for classifying particular forms of legal profession exercise. Moreover, analysis also extends to how narco-lawyers ‘work’ in practice, and what specific practices could distinguish them from their peers. Research findings suggest that lawyers who defend drug-criminals in Mexico (1) do offer a better explanation to their clients regarding the status of the judicial process, (2) present more evidence (witnesses, in particular) to support their client's innocence, and (3) obtain softer sentences (4) in less time than those lawyers who do not represent drug traffickers. Taken together, these findings suggest that drug trafficking may be contributing to a distinctive way of exercising the legal profession in Mexico.     

Do crime hot spots affect housing prices?

ABSTRACT

Our knowledge about what happens to housing values when properties are close to places with high concentrations of crime, often called ‘hot spots’, is limited. Previous research suggests that crime depresses property prices overall, but crime hot spots affect house prices more than crime occurrence does and may affect prices of single-family houses more than prices of flats. Here we employ hedonic price modelling to estimate the impact of crime hot spots on housing sales, controlling for property, neighbourhood and city characteristics in the Stockholm metropolitan region, Sweden. Using a Geographic Information System (GIS), we combine property sales by coordinates into a single database with locations of crime hot spots. The overall effect on house prices of crime (measured as crime rates) is relatively small, but if its impact is measured by distance to a crime hot spot, the effect is non-negligible. By moving a house 1 km further away from a crime hot spot, its value increases by more than SEK 30,000 (about EUR 2,797). Vandalism is the type of crime that most affects prices for both multi- and single-family housing, but that effect decreases with distance from a crime hot spot.     

Independent schools: charitable status,public benefit and UDI

In England and Wales ‘independent schools’ (‘private schools’ or, confusingly, ‘public schools’) almost always have ‘charitable status’. Hence, they are now subject to the new ‘public benefit’ test imposed in the Charities Act 2006. There is much discussion as to whether this test will be a significant hurdle as set by the Charity Commission in interpreting the legislation. Or will the test be in practice one easily met? This article assumes that the public benefit test will be serious, involving a significant cost of compliance for independent schools, and asks at what point for a typical independent school that cost might exceed the value of the tax advantages of charitable status so that the school may prefer to sacrifice charitable status and instead operate in the same way as any other commercial business.     

Examining the effect of dl-3,4-methylenedioxymethamphetamine (MDMA) and methamphetamine on the Standardized Field Sobriety Tests

dl-3,4-methylenedioxymethamphetamine (MDMA) and methamphetamine are commonly used illicit drugs that are thought to impair driving ability. The Standardized Field Sobriety Tests (SFSTs) are utilized widely to detect impairment associated with drugs other than alcohol in drivers, although limited evidence concerning MDMA and methamphetamine consumption on SFST performance exists. The aim of this study was to evaluate whether the SFSTs were a sensitive measure for identifying the presence of the specific isomer d-methamphetamine and MDMA. In a double-blind, within-subject, counter-balanced and placebo-controlled study, 58 healthy and abstinent recreational drugs users were administered three treatments: 100mg of MDMA, 0.42 mg/kg d-methamphetamine, and placebo. For each condition the SFSTs were administered at 4 and 25 h post treatment. d-methamphetamine was not found to significantly impair SFST performance unlike MDMA, which significantly impaired SFST performance in comparison to placebo with 22% of the sample failing the test at the 4h testing time-point. No differences were observed at the 25 h testing time-point for any of the conditions. It was concluded that the SFSTs are not efficient in identifying the presence of low level d-methamphetamine, and are significantly better at detecting the presence of MDMA at the levels assessed.     

Does Hyperthyroidism Increase Risk of Death Due to the Ingestion of Ecstasy?

Ecstasy (3,4-methylenedioxymethamphetamine, MDMA) is a psychoactive amphetamine derivative widely used for recreational purposes. Deaths caused by acute drug intoxication with MDMA are rare but can often involve a severe hyperthermic episode. The factors underlying the increased risk of some ecstasy users to a fatal drug reaction are not known. We present a case report of a 24-year-old woman who developed fatal hyperthermia with multi-organ complications following MDMA use and was found at autopsy to have diffuse thyroid hyperplasia (Graves' disease). An antemortem blood MDMA concentration of 0.68 mg/L was measured in a sample obtained on admission to hospital. Although a cause and effect cannot be established, as the thyroid hormone is a major regulator of thermogenesis, we suggest that hyperthyroidism predisposed the subject to ecstasy-induced hyperthermia and that a pre-existing defect affecting temperature status could be one factor in explaining some ecstasy intoxication deaths.     

Sex Trafficking and Moral Harm: Politicised Understandings and Depictions of the Trafficked Experience

This paper explores notions of harm in sex work discourse, highlighting the extent to which essentialist ideas of ‘good’ versus ‘bad’ sex have pervaded trafficking policy. In a comparative examination of Australian Parliamentary Inquiries and United States congressional hearings leading to the establishment of anti-trafficking policy, we identify the stories that have influenced legislators, and established a narrative of trafficking heavily dependent upon assumptions of the inherent harm of sex work. This narrative constructs a hierarchy of victimisation, which denies alternative discourses of why women migrate for sex work. We argue that it is not sexual commerce that is harmful, but pathological, systemic inequalities and entrenched disadvantage that are harmful. A narrow narrative of trafficking fails to adequately depict this complexity of the trafficked experience.     

Gender,race, bias and perspective: OR,how otherness colours your judgment

This discussion considers assumptions about judges and judging and suggests that despite what is sometimes perceived as increasing diversity on the bench and in the legal profession, outsider decision makers’ membership of the jurisprudential community is still marked by ‘otherness’. The argument draws upon my ongoing interest in the law's concern with the concepts of ‘objectivity’, ‘neutrality’ and ‘perspective’. I argue that the legal system is inherently suspicious of ‘otherness’ and most specifically so when ‘others’ occupy positions of ‘judgement’. The consequence is to render decisions made by ‘otherised’ judges liable to attack for bias in a way that decisions made by insiders simply are not. The argument is illustrated by a review of a number of challenges made on the ground of ‘bias’ or recusal motions to judges whose failure to match the white Anglo hetero-normative standard of ‘the judge’ is seen as a limit on their ability to be ‘impartial’. The examples used range across many jurisdictions, from Australia, Canada, the US and a challenge to the impartiality of a decision of the International Criminal Tribunal for the former Yugoslavia (ICTY).     

论农民进城落户后集体土地“三权”退出

支持引导进城落户农民自愿有偿退出土地承包(经营)权、宅基地使用权和集体土地股权的政策表达与法律规定,尚存农民进城落户后应否以及何时丧失集体成员资格规则不明、丧失集体成员资格前支持引导退出规则不足、丧失集体成员资格后不自愿退出的应对之策缺失、大量农民进城落户且丧失集体成员资格后集体土地所有权归属之惑等问题。在承包地"三权分置"、宅基地"三权分置"与集体产权制度改革中,宜通过健全集体成员资格丧失标准和程序、完善集体土地"三权"之(最先)优先受让权与土地承包经营权和宅基地使用权之股权化方案、借助土地经营权和使用权乃至非本集体成员继承股权之类别股设计、大量农民进城落户且丧失集体成员资格后集体土地适时国有化等方法,化解上述问题。     

Fueling global crime: the mechanics of money laundering

Money laundering has been practiced in one form or another for thousands of years, dating back well before the birth of Christ, when highly motivated merchants moved their wealth beyond the confiscatory grasp of local rulers. Only in the recent past was the name ‘money laundering’ given to this financial hocus‐pocus. Popularly believed to have derived from Mafia ownership of Laundromats through which an endless stream of cash generated by extortion, prostitution and gambling flowed, ‘money laundering’ did not attract serious interest until the 1980s, and even then it fell primarily within a drug trafficking context. The phenomenon has pushed its way into the public consciousness as a mechanism used not only by traditional ‘underworld’ organizations, but some corporate and financial sector entities as well as individuals. Perhaps the events of 11 September 2001 did more to change the perception of money laundering as public discourse is now focused on methods used by terrorists to secure financing for their nefarious deeds. In point of fact, transnational criminality generally is exploding on a global level and money laundering is the lynchpin of their success. This article presents an overview summary of basic money laundering methods and is meant to help lay the foundation for further exploration.     

Human trafficking and criminal investigation strategies in the Amsterdam Red Light District

The subject of human trafficking has recently received a lot of attention from society and the world of politics. The criminal-law approach to human trafficking has also been placed high on the agenda of law enforcers. Human trafficking is, however, a complex crime with several specific characteristics. For example, there is often a complex relationship between victims and perpetrators of human trafficking and victims are often too afraid to file a report. How do the police and the judicial authorities work in the investigation of human trafficking in view of the specific characteristics of human trafficking? What choices are made in practice and what different police investigative strategies can be distinguished? What opportunities and risks are inherent in the choices made? In this article we answer these questions on the basis of four large scale police investigations into human trafficking that we studied closely. The four criminal cases all focused on violent groups of human traffickers that operated in the Amsterdam window prostitution. All criminal cases have since been concluded (in first instance). It turned out that in each of the four investigations the relevant police team applied a different investigative strategy: one investigation focused primarily on the victim statements, one investigation focused on public nuisance, one investigation focused on the evidence against the criminal organisation and one investigation focused on the offences (evidence concerning the exploitation of prostitutes). In this article we compare the four strategies applied and consider the consequences of each strategy for the course of the investigation and the criminal prosecution and what dilemma’s are faced in each strategy. Although the various investigations cannot be easily compared and a uniform ‘best’ strategy cannot be designated, the comparison does show that some choices or decisions entail great opportunities or great risks as regards the successful investigation and prosecution of human trafficking. It concerns, for example, the choice of involving local investigative services (district police) or the choice for short-term or, as the case may be, longer-running investigations.     

Farmers,factories and funds: organised crime and illicit drugs cultivation within the British Vietnamese community

This article explores the growth of organised crime within the Vietnamese community with particular reference to the cultivation of cannabis, money laundering and the smuggling or trafficking of children. The article begins by exploring the history and diversity of the ‘Vietnamese community’ in the United Kingdom and the role of Vietnamese culture in shaping their criminal enterprises. It then draws on research involving two sets of qualitative data: one set is based on 45 interviews with law enforcement personnel based in Vietnam and the United Kingdom as well as with key stakeholders in the Vietnamese community; the other set is based on structured questionnaires issued to 34 Vietnamese residents in Britain, 24 of whom are here illegally. It examines the relationship between illegal immigration of Vietnamese citizens to Britain and the urban cultivation of cannabis, in what has become known as ‘cannabis factories’, and the laundering of the profits abroad to Vietnam. After exposing the logistics of Vietnamese illegal immigration into Britain, the article concludes that those involved in cannabis cultivation, money laundering and people smuggling are primarily motivated by profit rather than ‘lifestyle’ concerns, and operate within what theorists of organised crime refer to as the ‘mono-ethnic criminal network’.     

A ‘Fool’ and His Sugar-Sweetened Beverage are Soon Taxed

Tax policy informed by Libertarian paternalism suggests that taxes should be levied on non-‘rational’ choice (i.e., where a person makes a ‘foolish’ decision by their own internal standards). In respect of excise taxes on sugar sweetened beverages, the regressivity of such policies can then be justified by reference to a progressive health effect, since the poor are more sensitive to changes in price and disproportionately tend to consume sugar sweetened beverages. However, as it currently stands, that conclusion is based merely on a presumption of irrationality of the poor as a class and neither the relative price of goods subject to such taxes, nor the associated ‘welfare loss’ from the levy of the tax, have been systematically measured. Such a presumption of non-‘rationality’ in food choice only holds with respect to persons who are not bound by relative prices of food, namely the wealthy. Accordingly, it is reasonable for scholars to consider the levy of excise taxes on unhealthy food consumed primarily by the wealthy (e.g., foie gras) as a ‘nudge’ toward a healthier food choice. Furthermore, the poor are rational agents capable of analysing and comparing relative prices of food products taking into account the health effects. As various scholars have now proposed in medical journals, any incremental tax levied on the poor in respect of sugar-sweetened beverages should be offset, for example, with a credit for healthy foods including fruits and vegetables.