The Trip – A Case of Problematic Friendship?

In Sweden, there have been several cases in recent years where local politicians and officials have been accused of corrupt behaviour. This article concerns one such case, where a Chairman of the Municipal Board and a County Governor were invited by a wealthy business man to the inauguration of a vacation facility abroad. Their travel costs and lodgings were paid for by the business man, whose firm also sold equipment to the municipality as well as the county. When the trip became known to the prosecutors at the Swedish National Anti-Corruption Unit, a police investigation was conducted and charges raised against them for giving (the business man) and receiving (the Chairman and the County Governor) bribes. Eventually, after two trials (District Court and Court of Appeal), the Chairman, County Governor, and the business man were cleared of all charges against them. The trip was viewed by the courts as a gift, not a bribe. It is argued that the case raises interesting questions about entangled friendship relations and the blurred boundaries between private and professional roles which are important for understanding local corruption (and allegations of corruption) in Sweden. Therefore, the article's main focus concerns what could be described as actions in the grey zone.     

It��s Good to be Autonomous: Prospective Consent, Retrospective Consent, and the Foundation of Consent in the Criminal Law

What is the foundation of consent in the criminal law? Classically liberal commentators have offered at least three distinct theories. J.S. Mill contends we value consent because individuals are the best judges of their own interests. Joel Feinberg argues an individual’s consent matters because she has a right to autonomy based on her intrinsic sovereignty over her own life. Joseph Raz also focuses on autonomy, but argues that society values autonomy as a constituent element of individual well-being, which it is the state’s duty to promote.     

Energy Crime,Harm, and Problematic State Response in Colorado: A Case of the Fox Guarding the Hen House?

Crime related to energy extraction is an emerging area of interest among green and critical criminologists. This paper contributes to that developing work by examining the political economy of harm and crime associated with the oil and natural gas industry in rural Colorado. Specifically, we examine problematic state regulatory response to citizens’ complaints regarding a range of harms caused by private industry (e.g., water pollution, adverse human health consequences, and domestic livestock death). In this paper, we draw on content analysis of formal complaints filed by citizens to the state, ethnographic work, and intensive interviews with citizens seeking relief from problematic or abusive industry practices. Our analysis illuminates how the state documents these practices, how citizens experience them, and how the state dilutes and deflects the externalities of energy extraction to produce additional harm.     

The Concept of “Political Prisoner”: A Critique

The term “political prisoner” plays an important role in contemporary affairs. But how coherent is the concept behind the term, and is use of this term essentially unobjectionable? As it turns out, the most influential contemporary definitions of the concept of “political prisoner” are fundamentally flawed, and the use of the term itself may do more harm than good. One basic problem with the concept of “political prisoner” concerns the most current definitional criteria, which all prove either arbitrarily narrow or excessively broad. Even more worrisome than these definitional issues, the use of the concept contributes nothing to the moral assessment of detentions and punishment, and deflects attention from other considerations that are more relevant in evaluating their legitimacy. There is, finally, a third fundamental problem with the concept: it serves to arbitrarily privilege one class of prisoners vis-à-vis all the others.     

The Role of “Problematic” and “Improved” Indicators of Risky Lifestyles in the Self-Control/Lifestyle Framework of Victimization Among Filipino Adolescents

Pratt and Turanovic (European Journal of Criminology, 13(1):129–146, 2016) argue that previous studies operationalizing risky lifestyles as mere “going out” (problematic indicators of risky lifestyles) were misspecified and that “improved” indicators of risky lifestyle (risky behaviors) would perform better than “problematic” indicators in models that explain victimization. This study examines these propositions by testing the self-control/lifestyle framework of victimization using the data from a random sample of Filipino high school students at a state university in Dumaguete City, Philippines. Results show strong support to Pratt and Turanovic’s claims. Self-control has stronger effects on improved indicators than on problematic ones. And, improved indicators have stronger effects than problematic indicators on property, violent, peer/sibling and sexual victimization. Moreover, the findings provide partial support for the self-control/lifestyle framework of victimization.     

“Neutral reportage” and its second decade: A marketplace perspective

Since its inception in 1977, the neutral reportage libel defense has ridden a rocky road. While initially received optimistically by many as a sign that courts would reinforce the commitment to the wide‐open and robust debate of public issues, many courts—most notably the United States Supreme Court—have yet to adopt the doctrine. To reflect on the two decades since creation of neutral reportage, this article reviews its history—particularly over the past 10 years—and assesses its sporadic adoption from the perspective of the marketplace of ideas. It is posited that courts may be more apt to recognize and adopt the neutral reportage privilege when viewed from the position of its ability both to increase the public's knowledge of important issues and to enhance the debate surrounding those issues.     

A systematic analysis of Decker's “A systematic analysis of diversion: Net widening and beyond”

A recent article, entitled “A Systematic Analysis of Diversion: Net Widening and Beyond,” carries on the tradition of condemning diversion by a labeling process rather than by a thorough analysis of consequences. In addition to objecting to the logical foundations of that article, this critique raises questions about the research design and statistical analyses upon which its results are based.     

“研发至上”:CNB强势推出安霸A5高清摄像机

<正>全球领先的视频监控系统制造商CNB携其IP高清及HD-SDI高清产品盛装登陆本届北京安防展。据喜恩碧电子(深圳)有限公司品牌经理关春立介绍,此次北京安防展会CNB推出的IP高清产品主要是以美国安霸处理芯片为主的高清产品,采用安霸A5DSP,具有1/3寸CMOS逐行扫描、20x光学变焦镜头、具有1100TV Lines超高分辨     

Human Dignity of “Offenders”: A Limitation on Substantive Criminal Law

The paper argues for attaching a significant role to the dignity of offenders as a limitation on the scope of substantive criminal law. Three different aspects of human dignity are discussed. Human dignity is closely connected with the principle of culpability. Respecting the dignity of offenders requires that we assign criminal liability according to the actual attitudes of the offenders towards the interests protected by the offence. The doctrine of natural and probable consequence of complicity, which allows us to assign liability for mens rea offenses to a negligent offender, violates the dignity of the offender; it treats the incautious offender as if she had willfully expressed disrespect towards the protected interest. The human dignity core of privacy is invaded by criminalizing the private possession of child pornography. By extending the prohibition of the creation, sale and distribution of child pornography to the private possession of pornography, the State attempts to control the way the individual expresses an essential part of the self—his sexual fantasies—within himself. Dignity demands that our actions convey an attitude of respect towards human beings. The expressive meaning of disrespect is culture-dependent. The historical association with totalitarian regimes explains our reluctance to impose a legal duty to report past crime: the individual who is legally required to turn a suspect into the police is viewed as an “informant.”     

“How an Ordinary Jury Makes Sense of it is a Mystery”: Barristers’ Perspectives on Rape,Consent and the Sexual Offences Act 2003

The Sexual Offences Act 2003 introduced significant reforms to the offence of rape, amid concerns regarding the low reporting and conviction rates for rape. One of the key aims of the Act was to improve the law relating to consent, in order to assist a jury in their decision making process. In addition, disquiet had been expressed with regards to the subjective nature of the mens rea of rape. Consequently, the 2003 Act reformulated the law so as to introduce an objective test. This article discusses the findings of a qualitative research project undertaken with 14 Barristers in the North West of England, in order to investigate counsels’ opinions regarding the 2003 reforms. Drawing upon data collected from semi-structured interviews, the article examines barristers’ perspectives with regards to the definition of consent, the ‘consent presumptions’, and the reformulated mens rea. In conclusion, it will be argued that while the barristers were not overly optimistic about the reforms introduced by the 2003 Act, they were also opposed to further reform to the substantive law and increased jury directions. Barristers argued that the law relating to rape should remain as simple as possible.     

Commentary on “Studying Eyewitness Investigations in the Field”: A Look Forward

Schacter et al. (2007, this issue) address the controversy surrounding an Illinois pilot project that attempted to compare sequential versus simultaneous police lineup formats. The statement by these experts will guide the design and execution of future field lineup experiments. This commentary discusses three aspects of field studies that pose challenges as lineup experiments are interpreted: the imprecise meaning of the dependent measure (eyewitness decisions), the limitations of single studies, and the necessity to devise public policy from incomplete knowledge. A combination of laboratory and field information provides the means to determine best practices in eyewitness identification procedures.     

“Iraqnophobia”: A Biomedical History of State-Rearing and Shock Doctrine in Iraq

The history of Western foreign policy in the Middle East has long assimilated Arab culture to sickness. Specifically, the biological episteme of “contamination” has shaped American foreign policy in the Gulf for decades. In so doing, the US Government continually borrowed references from the natural sciences to frame its foreign policy, leading some commentators to claim that biology supplanted philosophy and religion as the primary political category. The article analyses the semantics of Iraqnophobic metaphors, from the British experience of “nursing” Arabs at the close of the First World War to the recent “shock doctrine” of American therapists. First, the paper will concentrate its attention on the metaphors of disinfection and surgical resection. Second, it will address the metaphors of lustration, State-rearing and scientific recovery. Finally, it will explore Iraqis’ rebellion against their self-appointed tutors and doctors. Elaborating on the belligerents’ nursing and biomedical metaphors, the following pages address the life cycle of foreign “legal transplantation”, “antibody” resistance and “immunosuppressant” counterinsurgency in Iraq.