Race,crime and hegemony: A review essay

Crime, Law and Social Change -     

The future of terrorism research: a review essay

This essay sets forth a research agenda to begin filling some key gaps in terrorism studies. Since the September 2001 Al Qaeda attacks against the World Trade Center towers and the Pentagon that claimed over 3000 lives, interest in terrorism research has increased. After these attacks, the United States and other governments prioritized the scientific study of the causes of and responses to terrorism. Importantly though, our review of the terrorism literature demonstrates that despite this progress, intriguing questions remain underexplored or altogether unexplored. This essay identifies four gaps in terrorism studies: (1) employing non-terrorist comparison groups, (2) broadening the dependent variable (focus of study), (3) exploring exceptions/anomalies to “established” findings, and (4) engaging measurement issues. We discuss these issues and outline a research agenda that could begin to fill these gaps.     

Justice denied and justice delayed: the trials and tribulations of a Victorian solicitor

This paper explores a Victorian cause célèbre, particularly the latter stages, in which a London solicitor, W.H. Barber, battled first to obtain the renewal of his practising certificate and then to claim compensation from public funds for the sufferings he had endured as a result of his wrongful conviction. Barber's misfortunes arose from his unwitting participation in a series of sensational frauds on the Bank of England, leading to his transportation to the penal colony on Norfolk Island in 1844. Pardoned on the basis of confessions from the wrongdoers, his readmission to the profession was unrelentingly opposed by the Incorporated Law Society, and he only prevailed after a series of rebuffs in the courts.

Barber's tribulations, which had first highlighted the defects of the criminal trial, provide an unusual insight into the under-explored and uncertain state of solicitors' professional ethics at this time and the controversial role of the ILS in enforcing them. They also yield valuable information on solicitors' practices and the effects of a royal pardon.     

Demand for civil trials and court congestion

This paper examines interactions between how congested courts are, whether potential plaintiffs decide to sue, and whether potential defendants choose to engage in actions that harm potential plaintiffs. We conclude that in the presence of congestion standard delay reduction efforts (higher filing costs, lower damage awards, out-of-court settlement, greater court capacity) may not be effective.     

The emergence of restorative justice in Sri Lanka: a review essay

Within the framework of retributive justice, crime is understood as an offence against the State and is defined as a violation of law. It represents the punitive approach of reaction to crime, where the offenders are considered as an unwanted group who should be punished. However, with the development of criminology, offenders are identified as the persons needing rehabilitation and reintegration into the society as law abiding citizens. This novel thinking has paved the way to the establishment of the concept of restorative justice where crime is understood to be an infringement on man and human relationship. It involves reintegration of both the offender and victim within the community. The restorative justice principle could be found in community service orders, probation, parole, and other noncustodial measures as alternatives to the traditional incarceration, victim offender mediation, sentencing, peacemaking and healing circles, police cautions, and active participation of victims in the criminal justice process, and so on. This article evaluates Sri Lanka's transformation from retributive justice to restorative justice by incorporating the above-mentioned means and methods to the criminal justice system. Further, it examines how these innovations have affected the crime rate in Sri Lanka.     

A systematic review of drug court effects on recidivism

Drug courts have been proposed as a solution to the increasing numbers of drug involved offenders entering our criminal justice system, and they have become widespread since their introduction in 1989. Evaluations of these programs have led to mixed results. Using meta-analytic methods, we systematically reviewed the extant evidence on the effectiveness of drug courts in reducing future criminal offending. Fifty studies representing 55 evaluations were identified, including both experimental and quasi-experimental comparison group designs. The overall findings tentatively suggest that drug offenders participating in a drug court are less likely to reoffend than similar offenders sentenced to traditional correctional options. The equivocation of this conclusion stems from the generally weak methodological nature of the research in this area, although higher quality studies also observed positive results. Furthermore, the evidence tentatively suggests that drug courts using a single model (pre- or post-plea) may be more effective than those not employing these methods. These courts have a clear incentive for completion of the drug court program.