Researching the use of force: the background to the international project

This article provides the background to an international project on use of force by the police that was carried out in seven countries. Force is often considered to be the defining characteristic of policing and much research has been conducted on the determinants, prevalence and control of the use of force, particularly in the United States. However, little work has looked at police officers’ own views on the use of force, in particular the way in which they justify it. Using a hypothetical encounter developed for this project, researchers in each country conducted focus groups with police officers in which they were encouraged to talk about the use of force. The results show interesting similarities and differences across countries and demonstrate the value of using this kind of research focus and methodology.

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Methodological aspects of the Dutch National Threat Assessment

This paper discusses issues related to measuring organized crime as they have become manifest in the Dutch contribution to the EU Organised Crime Threat Assessment (OCTA). It intends to convey to a wider academic community certain issues of definition, methodology and accountability, understanding the NTA process in terms of the communication of risks in a context of competitive defining institutions.

Torn between two targets: German police officers talk about the use of force

Considering earlier research into police use of force as well as the judicial and practical frame of police work in Germany, the article presents the results of an empirical study on the individual and collective legitimization of the use of force by German police officers. There are numerous justifications for the use of force expressed by focus group participants in eight German Federal States who were responding to a hypothesized scenario. In the discussions observed within the groups, reference is first made to the state’s duty to prosecute alleged offences and the measures or formal actions to do this—hence, the legal authority to use force. In the course of the discussions, however, it became obvious that illegal violence may occur, although it was not perceived as such by the officers. Overall, and after an intensive analysis of the focus group discussions, it can be stated that use of force (whether legal or not) depends on the police officer’s perception of the resistance of the person being engaged with. In this regard, different social–cultural or physical–material factors can be identified. They have different influences on the individual legitimization of police actions, intertwined with the perception of the situation as constructed by the officer. Three ways of perceiving the situation can be deduced, resulting in different patterns of justification for the use of force.

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Shoot to kill – understanding police use of force in combatting suicide terrorism

More than a year after the killing of an innocent man, Jean Charles de Menezes, wrongly suspected by the Metropolitan Police of being a suicide bomber, the authors consider police accountability in combating terrorism. The authors argue that traditional policing styles in the UK are based on notions of reasonableness, compromise and respect for the individuals’ rights. A central tenet of our consent to be policed is the considered and rare use by police of coercive force, which is premised on a continuum ranging from negotiation at one extreme to lethal consequences at the other. Combating suicide terrorism in the UK using developed policies like Operation Kratos means that police are restricted to shooting to kill. Although there is undoubtedly a consensus that combating terrorism requires a robust and overt response, the authors ask whether it is ever possible to achieve a balance between liberty, security, and police accountability when dealing with difficult terrorist incidents. Police accountability is assessed in the context of operational policy-making and how that impacts on specialist police forces engaged in anti-terrorist operations. The authors conclude that since the introduction of Operation Kratos the nature of policing, and also its structure, is changing from being covert, understated and reasonable, to a zero tolerance, military, overt and oppressive style. In other words, traditional reactive policing styles have given way to a proactive military approach. Military styles of policing with overt displays of force tend to overlook civil rights and make more mistakes. We must be able to trust our police, because a trustworthy police is one which acknowledges our civil rights.

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Singing the same tune? International continuities and discontinuities in how police talk about using force

This article focuses on a research project conducted in six jurisdictions: England, The Netherlands, Germany, Australia, Venezuela, and Brazil. These societies are very different ethnically, socially, politically, economically, historically and have wildly different levels of crime. Their policing arrangements also differ significantly: how they are organised; how their officers are equipped and trained; what routine operating procedures they employ; whether they are armed; and much else besides. Most relevant for this research, they represent policing systems with wildly different levels of police shootings, Police in the two Latin American countries represented here have a justified reputation for the frequency with which they shoot people, whereas at the other extreme the police in England do not routinely carry firearms and rarely shoot anyone. To probe whether these differences are reflected in the way that officers talk about the use of force, police officers in these different jurisdictions were invited to discuss in focus groups a scenario in which police are thwarted in their attempt to arrest two youths (one of whom is a known local criminal) by the youths driving off with the police in pursuit, and concludes with the youths crashing their car and escaping in apparent possession of a gun, It might be expected that focus groups would prove starkly different, and indeed they were, but not in the way that might be expected. There was little difference in affirmation of normative and legal standards regarding the use of force. It was in how officers in different jurisdictions envisaged the circumstances in which the scenario took place that led Latin American officers to anticipate that they would shoot the suspects, whereas officers in the other jurisdictions had little expectation that they would open fire in the conditions as they imagined them to be.

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Majority shareholder protection by variable qualified majority rules

In this paper, we analyze judicial review according to the German Stock Corporation Act (Aktiengesetz, §§ 243 et seqq.) and its blocking effect with the help of concepts of cooperative game theory. In particular, we suggest variable qualified majority rules as ingredients of arrangements which balance the interests of a majority shareholder and of the minority shareholders.

Contracts obtained by means of bribery: should they be void or valid?

This paper argues that contracts obtained by means of bribery should be valid. Nullity and voidability decrease the incentive for voluntary disclosure, assist corrupt actors with enforcing their bribe agreements and provide leeway for abuse. Thus, they run counter to effective anti-corruption. It is argued that other instruments are more suitable for preventing corruption.

Building a clean government in Turkey: pillars,perils, and prospects

Corruption is a serious and enduring problem in Turkey. As such, a series of sustained and synchronized actions are needed to promote integrity, and to prevent and punish corrupt practices in public life. In most recent years, subsequent cabinets have promulgated a set of laws, regulations, and measures in the name of fighting against corruption. Yet, building a clean government remains as a daunting, if not insurmountable, task for policy makers and the public at large in Turkey. The current paper begins with a brief introduction, summarizing the need for new, more effective anti-corruption policies and practices in the country. Then, it succinctly describes and assesses the main ‘pillars’ of the ‘national integrity system.’ The paper moves on to identify and evaluate the chief ‘perils,’ challenges and risks associated with efforts aiming to contribute to integrity, transparency and accountability in Turkish society. Finally, the paper discusses the ‘prospects’ for building a clean government in Turkey in the near future. Among the issues brought to the present debate are: the need for a credible commitment by the ruling elites for establishing a well-functioning integrity regime; effective coordination and collaboration among a wide range of institutional actors; developing a set of coherent principles and policies; and creating capacity to prevent, prosecute, and punish corrupt behaviors. It is also argued that building a clean government in Turkey requires a strong and sustainable coalition among the clean, the competent, and the competitive.

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Thinking Critically About Rural Gender Relations: Toward a Rural Masculinity Crisis/Male Peer Support Model of Separation/Divorce Sexual Assault

After decades of neglect, a growing number of scholars have turned their attention to issues of crime and criminal justice in the rural context. Despite this improvement, rural crime research is underdeveloped theoretically, and is little informed by critical criminological perspectives. In this article, we introduce the broad tenets of a multi-level theory that links social and economic change to the reinforcement of rural patriarchy and male peer support, and in turn, how they are linked to separation/divorce sexual assault. We begin by addressing a series of misconceptions about what is rural, rural homogeneity and commonly held presumptions about the relationship of rurality, collective efficacy (and related concepts) and crime. We conclude by recommending more focused research, both qualitative and quantitative, to uncover specific link between the rural transformation and violence against women. This paper was presented at the 2006 annual meeting of the American Society of Criminology, Los Angeles, California. Some of the research reported here was supported by National Institute of Justice Grant 2002-WG-BX-0004 and financial assistance provided by the College of Arts and Sciences and the Office of the Vice President for Research at Ohio University. Arguments and findings included in this article are those of the authors and do not represent the official position of the US Department of Justice or Ohio University. Please send all correspondence to Walter S. DeKeseredy, e-mail: walter.dekeseredy@uoit.ca. All of the names of the women who participated in DeKeseredy and colleagues’ rural Ohio study and who are quoted have been changed to maintain confidentiality.

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The prosecution of Chinese organized crime groups: the Sister Ping case and its lessons

This article analyzes the investigation and prosecution of contemporary Chinese criminal organizations through the study of one major human smuggling case: the trial of “Sister Ping.” Data were obtained from media reports, court documents, and from interviews with parties familiar with the case. It is argued that modern human smuggling groups such as the one run by Sister Ping are informal and decentralized organizations against which the RICO statute may be of little use.

All in Favour? Attitudes of Stakeholders and Drug Users Towards Judicial Alternatives

Different judicial alternative sanctions and measures exist on the three levels of the criminal justice system. These alternative sanctions and measures can be applied to a specific target group, namely drug users. The current study is a qualitative assessment of the application and execution of alternative measures and sanctions for drug users, based on semi-structured face-to-face interviews in which stakeholders (magistrates, judicial assistants and social workers) and drug users were asked for their attitudes towards these sanctions and the factors that influence them in their convictions and beliefs. In conclusion we can state that the interviews have increased the insight in the attitudes of decision makers, social assistants, judicial assistants and drug users towards alternative sanctioning. From the interviews we learn that there are strong similarities between the three profiles, which provide for a strong basis for the continued functioning of alternative sanctioning.

The impact of the US legislation on company measures of control and prevention

The spectacular business scandals in recent years have led both the legislative and business companies to rethink and redesign their strategies. This article analyzes the worldwide impact of reforms in economic crime legislation emanating from the USA. Empirical data are reported showing that the US regulations are generating a spillover effect spreading beyond its sphere of operation. It is particularly notable that international stock-exchange-listed companies are orienting themselves increasingly toward the legal standards of the USA. Translated from the German by Jonathan Harrow, Bielefeld.

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Criminal victimization in contemporary China: a review of the evidence and challenges for future research

The rapid economic growth in China over recent decades has been accompanied by higher levels of crime, but there have been few studies of the Chinese experience of criminal victimization. A recent victimization survey of a representative sample of households in Tianjin represents a major effort to fill this gap in the literature. The present paper reviews the research based on the Tianjin survey along with other studies of crime and criminal victimization in China that have been published since 1990. We summarize the major findings, discuss the theoretical perspectives and methodological strategies that have been applied, identify the limitations of the research to date, and offer suggestions for future research.

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Working with People Who Are Violent to Their Partners: A Safety Building Approach

This article offers a new perspective on the assessment, treatment and management of adults who are violent to their partners. Using a worked case example, it describes how a solution-focused approach is used to develop, and evidence, safety for all family members.

Crime and Residential Choice: A Neighborhood Level Analysis of the Impact of Crime on Housing Prices

Crime serves as an important catalyst for change in the socio-economic composition of communities. While such change occurs over a long period of time, crime is capitalized into local housing markets quickly and thus provides an early indicator of neighborhood transition. Using hedonic regression, we quantify this “intangible cost” of crime and extend the crime-housing price literature in several important ways. First, we disaggregate crime to the census tract level. Second, using longitudinal data, we examine changes in crime in addition to the neighborhood levels of crime. Third, we differentiate between the effects of property crime and violent crime. Fourth, we also disaggregate our sample into groups based on per capita income of the census tract. Finally, we show that it is vital to account for the measurement error that is endemic in reported crime statistics. We address this with an instrumental variable approach. Our results indicate that the average impacts of crime rates on house prices are misleading. We find that crime is capitalized at different rates for poor, middle class and wealthy neighborhoods and that violent crime imparts the greatest cost.

Why football players may benefit from the ‘shadow of the transfer system’

Transfer restrictions have a long tradition in professional sports but came under heavy attack in recent years (e.g. Bosman ruling, Monti system). Based on a bargaining model with stochastic player productivity, we show that less restrictive transfer rules reallocate ex post bargaining power from players to clubs. This reallocation is efficient and in the ex ante self-interest of players. The right to charge transfer fees enables clubs to insure their players. The players, in turn, benefit by converting risky future income into riskless current income. Overall, player utility is higher under more than under less restrictive transfer rules.

Revisiting Kantian Retributivism to Construct a Justification of Punishment

The standard view of Kant’s retributivism, as well as its more recent reworking in the ‘limited’ or ‘partial’ retributivist reading are, it is argued here, inadequate accounts of Kant on punishment. In the case of the former, the view is too limited and superficial, and in the latter it is simply inaccurate as an interpretation of Kant. Instead, this paper argues that a more sophisticated and accurate rendering of Kant on punishment can be obtained by looking to his construction of the concept of justice. In so doing, not only is a superior account of Kant furnished, but also one up to the task of resolving the vexed issue of justifying legal punishment.

First degree murder and complicity—conditions for parity of culpability between principal and accomplice

The Law Commission for England and Wales has published for consultation a proposal for an offence of first degree murder. A person found guilty of this offence whether as a principal or an accomplice will receive a mandatory sentence of life imprisonment. It is argued that the conditions for liability as an accomplice put forward by the Commission do not fulfil the Commission's aspiration for a "parity of culpability" between principals and accomplices. The discussion has general implications for the reform of complicity laws.

Hommage à Gérard Cornu

Sans résumé

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Judicial Review,Irrationality, and the Legitimacy of Merits-Review

The definition of the irrationality ground of judicial review recognises the constitutional principle of the separation of powers, in allowing for judicial control of the executive only very rarely. The author in a previous article in this study found that the courts, on occasions, had intervened in circumstances where administrative decisions arguably were not irrational. To this end, the purpose of this article is to assess the constitutionality of these seemingly low standards of irrationality. The author does so by reference either to the manner of review employed—the use of the proportionality principle, for example—or the context of the administrative decision under scrutiny, such as the infringement of the applicant’s fundamental rights. The author finds that the cases from the previous article where low standards of irrationality were arguably adopted were, in fact, legitimate according to these chosen methods of evaluation. However, this is an interim conclusion because, for reasons of word length, the author is unable to complete a full assessment here. It is therefore proposed that a subsequent article will continue to examine the constitutionality of these cases. Furthermore, the author will also try and establish a zone of executive decision-making, for reasons of democracy, where the courts are excluded from irrationality review. If the author is unsuccessful in this regard, the final conclusion of this study will inevitably be that low standards of judicial intervention exist without limit—a clear assault on the constitutional principle stated above.