Cyberfraud and the implications for effective risk-based responses: themes from UK research

The nature of the risk or threat posed by ‘cyberfraud’ - fraud with a cyber dimension – is examined empirically based on data reported by the public and business to Action Fraud. These are used to examine the implications for a more effective risk-based response, both by category of fraud and also responding to cyberfraud generally, not just in the UK. A key characteristics of cyberfraud is that it can be globalised, unless there are major national differences in attractiveness of targets or in the organisation of control. This does not mean that all cyberfraud is international, however: not only do some involve face to face interactions at some stage of the crime cycle, but in online auction selling frauds, it appears to be common for the perpetrators and victims to reside in the same country. After reviewing patterns and costs of victimisation and their implications for control, the paper concludes that any law enforcement response must begin by being strategic: which other public and private sector bodies should be involved to do what; what should be the specific roles and responsibilities of the police and where ‘problem ownership’ should lie; what are we willing to pay for (in money and effort) for greater cybersecurity and how to reduce ‘market failure’ in its supply; and, how that security is going to be organised for and/or by the huge numbers of businesses and people that are (potentially) affected.     

Toward a phenomenology of terrorism: implications for research and policy

The central theme of this paper is that the phenomenology of perception can contribute to conceptualizing terrorism, in terms of both a research orientation and policy applications. This means that counter-terrorism needs to be grounded in a holistic perspective that has meaning from the point of view of those engaged in terrorism. A critique of the “war on terror” counter-terrorism practices is followed by a discussion of phenomenology and its implications for a holistic perception of counter-terrorism. Four cases are presented that show how a phenomenological approach can facilitate counter-terrorism study and policy.     

The Police and CMHCs: The Transition from Penal to Therapeutic Control

The deinstitutionalization of chronic mental patients and the establishment of Community Mental Health Centers creates a new role for the police—i.e. agents of therapeutic control. In this new role, police must move beyond their traditional behaviors as agents of penal control, and play an active part in initiating patients to psychiatric treatment. Social scientists and mental health professionals recognize the need for police training in this area. Yet, little research has been devoted to the penal-therapeutic transition per se. This paper examines the social structural factors necessary for such a transition, and it illustrates the methods by which CMHC professionals can manipulate their social control environments so as to fulfill these social structural "requirements". We also discuss some non-structural barriers to police acting as agents of therapeutic control and the prospects for overcoming them.     

Implications for the prevention of aggressive behavior within psychiatric hospitals drawn from interpersonal communication theory

Although interpersonal style is a defining feature of personality and personality disorder and is commonly identified as an important influence on aggressive behavior, treatment completion, and the development of an effective therapeutic alliance, it is rarely considered in practice guidelines for preventing, engaging, and managing patients at risk of aggression. In this article, the authors consider three potential applications of interpersonal theory to the care and management of patients at risk of aggression during hospitalization: (a) preventing aggression through theoretically grounded limit setting and de-escalation techniques, (b) developing and using interventions to alter problematic interpersonal styles, and (c) understanding therapeutic ruptures and difficulties establishing a therapeutic alliance. Interpersonal theory is proposed to offer a unifying framework that may assist development of intervention and management strategies that can help to reduce the occurrence of aggression in institutional settings.     

刑罚进化论——从刑事政策角度的批判

刑罚进化论对刑罚制度的线性发展持乐观态度 ,认为越是到现代 ,刑罚越人道和轻缓 ,这种观念影响较大 ,但是很值得质疑。作者通过对近现代刑罚改革思潮进行分析后指出 :所谓的刑罚进化论是不能成立的 ;刑罚的正当性与进化论无关 ,而只与刑事政策的运用 ,以及规范有效性的维持、规范的稳定有联系。坚持刑罚进化论命题 ,在刑事法领域会产生负面效果。一方面 ,刑罚进化论强制人们忍受残酷、多余的刑罚制度 ;另一方面 ,它也会导致阻碍刑罚改革的惰性思维的产生。     

Glocal targeted open innovation: challenges,opportunities and implications for theory,policy and practice

In line with the growing number and type of innovation sources and partners, companies’ institutional set up to manage the potential problems of multiple sources and partners for innovation is increasingly challenged to develop and maintain effective and efficient corporate innovation activities. The paper highlights recent developments of open innovation in companies. Findings are based on company case studies involving companies from different industries and company representatives. It shows that open innovation is actually a paradigm long practised but the main efforts are targeted to continuously developing the organization and managerial model of companies to meet the new innovation challenges.     

Transgression and Standard Theories: Contributions Toward Penal Abolition

In this paper I propose a transgression theory and a standard theory toward penal abolition. I argue that given the ubiquity of “crime” in human relationships, to speak of “criminal behavior” as deviant nullifies the concept deviance (abnormal, out of the ordinary, etc.). After demonstrating that empirically the opposite is the case, I argue for a transgression theory (that most human beings regularly act in ways that transgress the norms and laws they establish) and propose a standard theory (that human beings are both maintainers and transgressors of the social orders they establish). My paper challenges the foundational language (constructions) of “criminal justice” logic that ignore the continuity of the past in the present (white supremacy, neocolonialism, racial capitalism, and gendering enslavement), and that fortify discourse and practice from recognizing, eliminating and standing accountable by rectifying centuries of white privilege, heteronormativity, and the oppression of nonwhite bodies.     

Penal harm medicine: state tort remedies for delaying and denying health care to prisoners

In prison and jail subcultures, custodial personnel are committed to the penal harm movement, which seeks to inflict pain on prisoners. Conversely, correctional medical personnel are sworn to the Hippocratic Oath and are committed to alleviating prisoners' suffering. The Hippocratic Oath is violated when correctional medical workers adopt penal harm mandates and inflict pain on prisoners. By analyzing lawsuits filed by prisoners under state tort law, this article shows how the penal harm movement co-opts some correctional medical employees into abandoning their treatment and healing mission, thus causing denial or delay of medical treatment to prisoners. This revised version was published online in July 2006 with corrections to the Cover Date.     

Wikitopia: Balancing intellectual property rights within open source research databases

Wiki “communities” based on the open access ideology allow any visitor to easily add, remove or edit content. However, there are a slew of ethics and policy challenges inherent in their use. Open source software developers are faced with the dilemma of openly sharing their intellectual property and prevent others from claiming proprietary rights from the code they freely shared to the public? Intellectual Property rights licensing, ironically, is the route by which open software developers have chosen to regulate their free code in cyberspace. Open source code is generally free on the surface; but in reality, it comes with obligations which are enforceable by law. Aside from the potential liability for intellectual property infringement, the use of open software raises competition law and tort liability issues. The European Union has developed the European Public License which is written in conformity with the copyright, product liability and consumer protection laws of the 27 member states. The EU Commission has also proposed a new Directive which will extend the principles of consumer protection rules to cover licensing agreements of products like software. This paper will address the various legal issues that may arise in open source community sharing.     

Reform from within: the Grendon example

In Salduz v Turkey (27 November 2008, No. 36391/02), the Grand Chamber of the European Court of Human Rights (ECtHR) stated:

...in order for the right to a fair trial to remain sufficiently ‘practical and effective’… Article 6 § 1 requires that, as a rule, access to a lawyer should be provided as from the first interrogation of a suspect by the police, unless it is demonstrated in the light of the particular circumstances of each case that there are compelling reasons to restrict this right…The rights of the defence will in principle be irretrievably prejudiced when incriminating statements made during police interrogation without access to a lawyer are used for a conviction.     

Wife assault theory,research, and treatment: A literature review

Treatments for wife assaulters and their victims have been based on a variety of psychological and sociological theories. Tests of theory based on investigation of assailant and victim characteristics as well as evaluation of treatment effects based on empirical outcome studies have yielded diverse results. In reviewing the literature it appears that development of assailant typologies based on extent of psychopathology, severity of violence, and context of violence has potential utility in guiding future treatment decisions for assaulters. Further development of similar typologies for classifying responses of assaulted women could yield similar results. Population screening and matching programs to individual characteristics could be expected to improve clinical outcomes.     

Penal Excess and Surplus Meaning: Public Torture Lynchings in Twentieth-Century America

The most notorious lynchings that occurred in the United States between 1890 and 1940 involved publicity, crowds, ritual, and abnormal cruelty. Several hundred of these "public torture lynchings" took place, most of them in the Deep South. The author develops an interpretation that takes seriously the specific forms and discourses that lynchers and their supporters used to describe and justify these events—characterizing them as criminal punishments, albeit summary, informal ones that were shaped by a white supremacist culture and a politics of racial domination. An interpretation of the penal context and meanings of these public torture lynchings helps us understand their specific forms and their claims to legitimacy. The penal character of these lynchings increased the probability that they would be tolerated by local (and even national) audiences and thus made them a strategic form of violence in struggles to maintain racial supremacy. The author argues that a consideration of these events should lead us to revise our standard narratives about the evolution of modern punishments.     

Selectively Incapacitating Frequent Offenders: Costs and Benefits of Various Penal Scenarios

A small number of offenders are responsible for a disproportionate share of total crime. Policy makers have been seeking to reduce crime more efficiently by targeting corrections at these frequent offenders. Thus far, both macro- and micro-level research have yielded mixed results regarding the effects of these kinds of selective policies. The current study uses data from the Netherlands Criminal Career and Life-course Study to estimate the incapacitative effects of alternative selective prison policies. Using the rolling cohorts method, implementations of various penal scenarios differing in selection rate, sentence disparity and selective accuracy are simulated. Results show that it is hard for selective policies to yield a positive societal result: costs of imprisonment typically exceed benefits gained from crimes prevented.

从技术到情感：刑民交叉案件管辖

司法与戏剧都是以台上表演、宣讲台词的形式来表达人性化的情感。司法入口的刑民二分法与司法过程的逻辑三段论一样都不能排除情感因素作用。刑民交叉案件很显然是在严格刑民二分观点透视下的模糊和边缘地带。遵循司法制度的合成理论和司法过程的辩证理论，反映世界潮流，体现司法民主，切合和谐主题，采“超越极端，回归情感”的思路，为积极回应和适时流转当事人诉求，把刑民交叉案件管辖的一些历史沉淀和实践探索的边缘性制度逐步固定下来，从而增加现行制度的弹性和适应力。从本质上说，以情取胜而不是以力服人也是司法和竞技的主要差别。