Crime‐Control in the Post‐Wall Era: The Menace of Security

Over the past ten to fifteen years, an increasing number of social issues have become linked, and then subordinated, to security policy. This policy area has witnessed a paradigm shift, with the emergence of a new security mentality. The crumbling of the walls built up during the Cold War, and the collapse of the Soviet empire, meant the disappearance of the East versus West polarity. And as this world order, based on a balance of terror, passed into history, the nature of the global threat situation was transformed. The antagonisms of the Cold War had hardly had time to cease creating fear before new threat images emerged onto the scene. Unlike the Cold War situation, where world peace was threatened by a frenetic arms race between two highly concrete superpowers, the perceived threats of the 1990s became increasingly vague. The military menace was superseded by what was said to be a much more diffuse criminal threat. For what is it that lies concealed behind such concepts as ‘cross‐border crime’, ‘organized crime’, ‘terrorism’ and the like? Previously, security policy analysts had been able to localize the source of a given threat with precision. Their benchmark was now gone, however. Once the established geographical demarcations between Us and Them ceased to apply, it was found that the enemy might instead be in our midst.     

Penal and Prison Policy on the “Sunny Side of the Alps”: The Swan Song of Slovenian Exceptionalism?

The article considers penal and prison policy in Slovenia by illustrating and confronting the roots, development and main features of Slovenian vis-à-vis Scandinavian penal “exceptionalism”. It first explores economic, social and political developments that made both Scandinavian and Slovenian penal regimes, in terms of stability and leniency of penal policy, low imprisonment rates and quality of prisoner treatment, to some degree exceptional if confronted with regimes of the vast majority of western countries. Further, the authors explore what consequences and implications the recent punitive tendencies have for Slovenian exceptionalism and whether they jeopardize or perhaps even threaten mild penal order, which the country on the “sunny side of the Alps” has been building since the 1970s. Finally, the authors try to find out whether, in spite of the declining welfarism and rising punitiveness, Slovenian-style penal exceptionalism has a chance to revive and endure.     

The Paradigm of the War on Crime: Legitimating Inhuman Treatment?

Since 11 September 2001, a new paradigm has developed in criminallaw. Parallel to the idea of the ‘war on terror’,a paradigm based around ‘war on crime’ has emerged.Inevitably, however, a paradigm of war leads to abandoning scientificapproaches based on a legal-moral vision (crime, guilt and punishment)in favour of a merely pragmatic vision, which associates nationalsecurity with social defence. Based on an unclear concept ofdangerousness, presumed by simple membership in a group labelled‘enemy’, the goal is to neutralize, or even eliminate,the criminal/deviant. When combined with a denial of internationalprotections, deconstructing national criminal law thus runsthe risk of pushing a black hole through the rule of law. Manyhave criticized such a paradigm; however, the author pointsout that the paradigm of the war on crime (and more generallythe war on terror), provided that it respects internationallaw, can be useful, because it shows the need to overcome thebinary opposition between war and peace, as well as betweenwar crimes and ordinary crimes. Nonetheless, it must be clearthat this paradigm can only be one of transition. To overcomethe war–peace dichotomy in a global community and to reconstructthe relationship between terrorism and torture, neither a ‘warcrimes’ nor a ‘war on crime’ paradigm is trulysufficient. Only through the amplification of a paradigm of‘crime against humanity’ (itself unstable and evolvingbut free from the war metaphor) can we reconstruct humanityas a value and make it the cornerstone of any legal system.     

An Evaluation of Hawaii’s Healthy Start Program Using Child Abuse Hospitalization Data

This retrospective study had a twofold focus: (1) to assess the utility of a perinatal screening and assessment protocol for identifying families with an elevated child maltreatment risk and (2) to assess the effectiveness of an intensive home visitation program designed to prevent severe maltreatment. Among 15,864 families screened and assessed for child maltreatment risk, elevated risk was identified in 4,464 families, 1,738 of whom received intensive home visiting services and 2,728 who did not. Subsequently, data on hospitalizations with a child maltreatment diagnosis were used as outcome measures. Among the 1,738 served by home visitors, there were five hospitalized cases of child maltreatment; among the 2,278 families not served, there were 34 cases. The results of chi squared analyses suggest that the screening and assessment protocol successfully differentiates between families with greater and lesser degrees of risk for maltreatment and that hospitalization occurred significantly more often among unserved families (p?=?<.001).     

Mental Health Problems among Prison Inmates: the Effect of Welfare Deficiencies,Drug Use and Self‐Efficacy

In this paper, we investigate the differential contribution of accumulated welfare deficiencies, drug use, and self‐efficacy on inmates' current symptoms of mental health problems. Few studies so far have investigated inmates' mental health based on empirical data covering both social and psychological predictors. Our analyses are aimed at the following research questions: (a) what is the relationship between welfare deficiencies, drug use, and symptom reporting among prison inmates? (b) is this relationship influenced by inmates' perceived self‐efficacy? and (c) how might this information be used to inform the discussion of challenges in prisoner re‐entry? Findings are based on a national survey among prison inmates in Norway, focusing on living conditions generally, as well as mental distress, drug use, and self‐efficacy. The findings indicate serious accumulation of disadvantage, and more welfare deficiencies among drug users and those suffering from mental distress. When it comes to prediction of mental distress, accumulation of welfare deficiencies and self‐efficacy both turned out as significant contributors. The findings are discussed both in terms of practical implications, and in terms of how they illustrate some of the shortcomings inherent in a traditional welfare research perspective.     

The Impact of Children on Intimate Partner Abuse Victims’ Service-Seeking

Intimate partner abuse is a major problem. This is especially true when there are children present. In attempt to stop the cycle of abuse, it is of critical importance to understand the impact children have on the relationships and the decision-making process of those involved. This research is part of a larger project examining the help-seeking behaviors of victims of intimate partner abuse. Face-to-face interviews were conducted with 26 victims of intimate partner abuse who eventually sought services. This paper reports on how children affect the decision of their parent to either seek services while in an abusive situation or to postpone seeking services. This study focuses on 19 of those respondents with children. Both quantitative and qualitative data analyses were conducted. This paper utilizes part of the qualitative data relating to the import of children in the decision-making process. Analysis reveals that for all respondents, children were important to their decision-making process. Several themes related to children were identified, including those who identified leaving the situation and seeking services because of their children and those who postponed seeking services because of their children. Implications for prevention and intervention in cases of intimate partner abuse will be discussed.     

The Psychological Impact of Previous Victimization: Examining the “Abuse Defense” in a Sample of Harassment Litigants

The present study examines the impact of previous sexual victimization on emotional distress in a sample of women (n?=?492) involved in a sexual harassment class action lawsuit. Sexual harassment was found to predict symptoms of PTSD and general symptoms of anxiety, over and above the effects of previous victimization and other relevant personal variables; it also predicted depression and self-esteem, although previous victimization had a stronger impact on these variables than did sexual harassment. The effects of previous victimization and sexual harassment on emotional distress appeared to be independent and cumulative. The legal and clinical relevance of these findings are discussed.     

Deserved Delayed Release? The Communicative Theory of Punishment and Indeterminate Prison Sentences

Indeterminate sentencing is a sentencing practice where offenders are sentenced to a range of potential imprisonment terms and where the actual release date is determined later, typically by a parole board. Although indeterminate sentencing is often considered morally problematic from a retributivist perspective, Michael O’Hear has provided an interesting attempt to reconcile indeterminate sentencing with the communicative version of retributivism developed by Antony Duff. O’Hear’s core argument is that delayed release, within the parameters of the indeterminate sentence, can be seen as an appropriate retributivist response to the violations of prison rules. This article highlights several problems in O’Hear’s proposal and argues that the communicative theory is not easily reconciled with his proposed model for indeterminate sentencing. In conclusion, it is argued that proponents of the communicative version of retributivism should resist indeterminate prison sentences.     

Assessing the Risk of Future Psychological Abuse: Predicting the Accuracy of Battered Women’s Predictions

Building on a handful of studies demonstrating battered women’s accuracy in assessing their risk of being physically reabused, this study examined how accurately victims assess their risk of future psychological abuse. Participants’ ratings of the likelihood that their partner would engage in controlling/dominance behaviors or efforts to humiliate/degrade them in the coming year and their reports 18 months later of whether this had actually occurred were used to create a four category version of accuracy (true positive, false positive, true negative, false negative). Victims were more likely to be right than wrong in their assessments of risk; PTSD symptoms, the recency of physical violence, and the degree of stalking and psychological abuse in the relationship predicted membership in the four accuracy categories. These findings overlap considerably with those examining victim accuracy in predicting physical abuse and inform ongoing debates about the value of incorporating victims’ insights into risk assessment efforts.

The Influence of Community‐Oriented Policing on Crime‐Reporting Behavior∗

This research examines the influence of community‐oriented policing (COP) on citizens’ crime‐reporting behaviors. The study’s data consist of incidents of violence obtained from the Area‐Identified National Crime Victimization Survey that were linked to city‐level measures of police involvement in COP. Multinomial logistic regression analyses reveal that although third‐party police notification is more likely in cities with large numbers of full‐time COP officers, victims residing in such cities are significantly less likely to report to the police than they are to report to non‐police officials. However, in cities where the training of police officers in COP is relatively extensive, victims demonstrate a preference for police notification (relative to both non‐police notification and non‐reporting). Lastly, multiplicative models indicate that police involvement in COP has less of an influence on the reporting behaviors of residentially unstable victims who likely lack strong social ties to the communities in which they reside.     

Award for The Best Proposal Outlining a Program of Research in Jurimetrics—The Scientific Study of Law

Law and Human Behavior -     

The crime of the century? The case for the Holocaust

With the twentieth century now ended the Holocaust is surelya leading contender for the title of ``The Crime of the Century.'Although a massive literature exists on the Holocaust, very littleof this literature has been produced by criminologists. Somereasons for this relative neglect are identified and a case ismade for the claim that criminology can contribute to anunderstanding of the Holocaust and that the Holocaust cancontribute to the development of a more profound criminology. Thispaper draws upon an integrative criminological approach toconstruct a framework for understanding the Holocaust. This multi-disciplinary framework links philosophical, sociolegal,sociological, behavioral and criminological dimensions todiscriminate between unique and non-unique aspects of the Holocaustas a case of genocide and as crime. The paper closes with someobservations on the relevance of the Holocaust for challengesconfronting a twenty-first century criminology.     

When Should the Police Investigate Cases of Non-recent Child Sexual Abuse?

Non-recent child sexual abuse (CSA) and child sexual exploitation (CSE) have received recent attention. Victims often do not report their ordeal at the time the incident occurred, and it is increasingly common for agencies to refer concerns to the police years, or decades, after the event. The combination of the non-recent nature of the offence, the lack of engagement by the (potentially vulnerable) victim, and the huge resource burden of investigation make deciding whether to proceed with investigation complex and ethically challenging. Although there will always be a presumption in favor of investigation, for some cases the reasons against investigating will outweigh this presumption. We examine the considerations at stake in making a decision about whether to make contact with the victim and proceed with investigating a particular non-recent CSA case. Arguing for a “broad rights” approach, we identify considerations relating to (1) the victim, (2) criminal justice and crime prevention, (3) limited resources, and (4) legitimacy. We argue that, all other things being equal, non-recent and current investigations are equally worthy of investigation. We assess the implications of suspects being persons of public prominence. We outline a principled decision-making framework to aid investigators. The Oxford CSA Framework has the potential to reduce unnecessary demand on police resources.     

Crossing the Rubicon? The implications of RCEP on anti‐monopoly enforcement on dominant E‐commerce platforms in China

The rapid development of e-commerce has markedly influenced the daily lives of the Chinese people over the last two decades. The rise of dominant e-commerce platforms and accompanying alleged abusive practices may impair competition and cause harm to online consumers. Although China's Anti-Monopoly Law and E-commerce Law provide a legal basis to deal with these practices, Chinese competition regulators rarely undertake investigations into these platforms. The inability of the law to keep pace with digital advancements is compounded by outdated rationales and traditional practices. China's problems relate to e-commerce competition and its regulation, such as the old-fashioned anti-monopoly rationale and some abusive practices conducted by dominant platforms. The Regional Comprehensive Economic Partnership (RCEP), concluded in late 2020, provides specific provisions regarding e-commerce and competition, requiring its 15-member states to promote a competitive and integrated e-commerce market in the region. This article critically examines the potential implications the RCEP may have on China's anti-monopoly enforcement of dominant e-commerce platforms and argues that, despite China's recent efforts to regulate e-commerce competition, these developments are still insufficient to fulfil the requirements of the RCEP.     

Adherence to Scheduled Sessions in a Randomized Field Trial of Case Management: The Criminal Justice–Drug Abuse Treatment Studies Transitional Case Management Study

The Transitional Case Management (TCM) study, one of the projects of the Criminal Justice Drug Abuse Treatment Studies (CJ-DATS) cooperative, was a multi-site randomized test of whether a strengths-based case management intervention provided during an inmate’s transition from incarceration to the community increases participation in community substance abuse treatment, enhances access to needed social services, and improves drug use and crime outcomes. As in many intervention studies, TCM experienced a relatively large percentage of treatment-group participants who attended few or no scheduled sessions. The paper discusses issues with regard to participation in community case management sessions, examines patterns of session attendance among TCM participants, and analyzes client and case manager characteristics that are associated with number of sessions attended and with patterns of attendance. The average number of sessions (out of 12) attended was 5.7. Few client or case manager characteristics were found to be significantly related to session attendance. Clinical and research implications of the findings and of adherence in case management generally are discussed.