Computers in criminal justice — Realising the potential: Part II: The future

A number of trends are apparent from the current development of existing Criminal Justice computer systems (CJS). Apart from in probation, the first systems in each criminal justice agency in this country have been designed to assist with routine clerical and administrative tasks — book-keeping in the magistrates' courts, wordprocessing and finance in prisons, etc, which although effective at easing the clerical and administrative tasks have made little overall impact on the operation of criminal justice. They have not, for example, reduced the delays in the criminal justice process, or reduced the overcrowding in prisons. This is in contrast to the US, where computerisation in some courts, for example, has significantly reduced delay and has helped with the operation of sentencing guidelines to bring about a great consistency of sentencing. In Part II of his article A D Maclean looks at what the future holds as far as computers in criminal justice and concerned.     

The construction of allegedly abused children’s narratives in Scottish criminal courts

This study investigated lawyers’ use of social narratives surrounding child sexual abuse when questioning 66 5- to 17-year-old alleged victims in Scottish criminal courts using a mixed-methods approach. Thematic analysis found that the use of beliefs and stereotypes varied depending upon the lawyers’ role (defense/prosecution), children’s age, and the alleged victim-defendant relationship. These findings were investigated further using narrative analysis, which showed that, with increasing age and decreasing familiarity with defendants, narratives increasingly focused on the characteristics and actions of the victims rather than the defendants. Older children contributed more to narratives than younger children, but their contributions were only incorporated into the prosecutors’ narratives. Defense lawyers adopted more victim-blaming tactics as the narratives developed. Findings suggest that the criminal justice system, practitioners, and researchers must do more to recognize and guard against the reinforcement of stereotypes that may influence public rhetoric and jury decision-making.     

Tobias Asser’s Legacy: The Pertinence of the Institut de droit international to The Hague

Netherlands International Law Review - This article is occasioned by this year’s visit of the Institut de droit international to The Hague. It addresses the seminal role that the Institut (f....     

The magic kingdom syndrome: trials and tribulations of life in Disney’s celebration

This paper critically analyzes the political elements of the new town planning trend, New Urbanism, through a study of the Disney Company’s development of Celebration, Florida. Celebration, as both a high‐profile example of the New Urbanism and as a product of Disney’s skill at “Imagineering,” provides an important example of utopian thinking and planning within the context of the political economy of consumption. Through interviews and archival research, this paper looks at the political and social implications of commodity utopianism as planned communities and the ethic of consumption continue to occupy prominent places within the popular American psyche.     

Avoiding the emperor’s prophecy: a case for the primacy of emergency management in criminal justice and human security studies

Recent events have illustrated the reciprocal nature of the relationship between emergency management actors and law enforcement agencies. Emergency management and disaster studies, as fields of practice and academic scholarship are inherently interdisciplinary. Primary among the fields impacting their development is criminal justice. This relationship is confirmed as criminal justice departments continue to include specialized Homeland Security curriculum. However, even as universities and colleges around the country are integrating emergency management into traditional criminal justice programs, there remain gaps in recognition of the unique practical skills and perspectives disaster scholars bring to criminal justice programs. In many ways, disaster scholarship complements existing law enforcement-focused programs by expanding the breadth of what is considered public or community safety. During each phase of the disaster management cycle (preparedness, response, recovery, and mitigation), emergency management research highlights the assistance of volunteer community disaster response organizations that are utilized to assist victims and survivors, and to distribute necessary aid and information. This essay provides a discussion of the linkages between emergency management, disaster studies, and criminal justice, and supports a call for a broadened, integrative approach to human security that fully recognizes the role of each.     

Why criminal harms matter: Plato’s abiding insight in the Laws

Commentators have contested the role of resulting harm in criminal law since the time of Plato. Unfortunately, they have neglected what may be not only the best discussion of the issue, but also the first—namely, Plato’s one-paragraph discussion in the Laws. Plato’s discussion succeeds in reconciling two, seemingly irreconcilable viewpoints that till now have been in stalemate. Thus, Plato reconciles the view, that an offender’s desert is solely a function of his subjective willingness to act in disregard of the legitimate interests of others, with the view that criminal sentences can appropriately be made to depend upon how indignant, angry, and upset society is at an offender based upon the results of his culpable conduct. In doing so, Plato casts light on retributive theories of punishment by suggesting that an adjudicator can be committed to retribution and yet rightly believe that it is inappropriate to give an offender the full punishment he deserves. He also lays a basis for the view that causation, rather being predicates for the just punishment of offenders toward whom the public is intuitively angry for harm, is the consequence of the public’s being intuitively angry at offenders for harm.

Victor’s justice or restorative justice: exploring the value of participation for Bangladesh’s future reconciliation process

Participation is a widely accepted process value in restorative justice, but its nature varies from context to context. This study explores the nature of participation in the context of Bangladesh’s future reconciliation process. Case study and qualitative interviews are employed to understand the phenomenon; the deductive and inductive data are analyzed with NVivo 10 software. On the basis of findings from three in-depth qualitative interviews, and examples from Rwanda’s gacaca courts and the Extraordinary Chamber in the Courts of Cambodia, this study argues that engaging and inclusive participation from all stakeholders is essential for a future reconciliation process in Bangladesh. It contends that the involvement of the United Nations would ensure rule of law, due process, and safety and security of the victims and perpetrators. Four inductive themes of participation – engagement, inclusiveness, stakeholders, and safety and security – are particularly highlighted.     

The law and practice in maritime boundary delimitation: lessons for the resolution of dispute between Cote d’Ivoire and Ghana

Definitions of terrorism in the United Kingdom and other Commonwealth countries tend to provide that behaviour can constitute terrorism only if it is politically, religiously or ideologically motivated. Critics argue that this complicates prosecutions, distorts trials, and encourages racial profiling. Defenders argue that the requirement helps yield a definition which corresponds to common understandings of what terrorism entails, and limits the danger of terrorism‐related powers being abused. Part 1 of this article examines the antecedents of the requirement, part 2 examines its legal significance, and part 3 argues that it is unnecessary and undesirable. While many of the criticisms of the motivation requirement are either unpersuasive or exaggerated, defences of the requirement are not altogether convincing. While the requirement excludes from the definition some behaviour which ought not be treated as terrorism, it also excludes some socially dangerous activities which should be.     

Inducing state compliance with international fisheries law: lessons from two case studies concerning the Republic of Korea’s IUU fishing

International Environmental Agreements: Politics, Law and Economics - Despite the expansion of international fisheries law, fish stocks are still threatened by illegal, unreported and unregulated...     

The progressive policy shift in the debate on the international tax challenges of the digital economy: A “Pretext” for overhaul of the international tax regime?

This contribution presents a critical overview of the policy and legal debate (primarily from a tax treaty law perspective) surrounding the challenges raised by the digitalisation of the economy for the international tax regime. The article addresses some key policy challenges inherent in the proposals for reform currently under consideration. It focuses in particular on the difficulties associated with fitting the concept of “value creation” within the pre-existing framework based on “source” and “residence”; a gradual transition from a primarily “supply” approach to a “supply and demand” approach in the understanding of “source”; and an implicit drift in the policy debate on the tax implications of the digitalised economy from a targeted analysis aimed at incrementally reforming the existing regime to a full-blown reconsideration of some of its fundamental tenets.     

Predicting charges and convictions for rape suspects in Denmark: characteristics associated with the notion of the ‘credible criminal’

In recent years, focus on the high attrition rates and low conviction rates in sexual assault cases in Scandinavia has increased. Attrition refers to the dropout of cases through the criminal justice system. However, only limited research exists on the importance of suspect characteristics for the legal outcomes in these cases. The present study is the first in Scandinavia to investigate legal and extralegal suspect variables relating to charges and convictions in the criminal justice system regarding suspected offenders in rape and attempted rape cases. All reported cases of rape and attempted rape in the Eastern Jutland Police District from 2008 to 2010 with an identified rape suspect (N = 175) were analysed through binary logistic regression analyses to examine which variables might increase the likelihood of charges or convictions. Results show that suspects with one or more prior sexual assault charges were more likely to be charged and convicted of a rape offence. The results of the present study help improve the understanding of the judicial processing of cases of rape from a different perspective than the victims’ and partially lend support to the hypothesis of ‘the credible criminal’ in terms of investigative and prosecutorial decision-making in rape cases.     

The Role of the People’s Armed Police in Chinese Policing

This study examines the role of the People’s Armed Police (PAP) in Chinese policing. While the PAP has been in existence for over five decades, very little research has paid attention to the critical position that the PAP occupies in Chinese policing. The history of the PAP between 1949 and 1982 was highlighted by a number of changes in name and a constant change of direct control between the military and the public security. The PAP experienced a great expansion and became more stabilized in organizational structure and missions after 1983. While it is part of China’s military forces, the PAP is currently involved in a wide variety of law enforcement, order maintenance, and service activities. Its law enforcement function is carried out chiefly through preventive patrol in urban areas. The most important order maintenance function shouldered by the PAP is the disposition of mass incidents, which have increased dramatically in number and size and have become better organized over the past two decades. The Chinese government also often mobilizes the PAP to undertake emergency rescue and disaster relief tasks. The PAP will continue to be a critical force in the Chinese police system. Its leaders as well as the government should seek ways to improve the legitimacy of the force.     

Secure pathways for women in the UK: lessons from the women’s enhanced medium secure services (WEMSS) pilots

Abstract

Women’s enhanced medium secure services (WEMSS) is a model of care aimed at providing a more appropriate level of security for women and, in so doing, reducing the number of women in high secure psychiatric services. In 2007, three Department of Health commissioned WEMSS pilots became operational. This study compared the clinical outcomes of women in WEMSS with control women in six standard medium secure services and one high secure service matched on key clinical and risk characteristics, in order to examine their pathways of care. Our findings confirm that the WEMSS pilots were successful in transitioning women from high secure services who had previously been thought unsuitable for medium secure services. However, WEMSS showed no additional clinical benefit, suggesting that these women could be cared for equally well within standard medium secure services. We make recommendations about WEMSS and the future shape of women’s secure care in England.     

Rwanda’s involvement in Eastern DRC: A criminal real options approach

This paper applies an alternative model to analyze criminal behaviour by countries based on real option models. Criminal options incorporate a richer framework than traditional cost-benefit models and allow examining the optimal timing of a crime as criminals have the possibility but not the obligation to commit a crime in the near future. From the model, we show how criminal states can actively manage their criminal options. More importantly, we show how the international community can optimally intervene pro-actively, by reducing the incentives for criminal states to execute their criminal options. These novel insights are then applied to two episodes of criminal behaviour by Rwanda in the Democratic Republic of Congo (DRC): the massive killing of Hutu refugees by the Rwanda Patriotic Army (RPA) in late 1996-early 1997 and the illegal exploitation of Congolese resources from August 1998 onwards. This article describes and assesses these activities from this real option perspective.     

The Situation in Libya and the ICC’s Understanding of Complementarity in the Context of UNSC-Referred Cases

The PTCI’s decision on the admissibility of the case against Saif Al-Islam Gaddafi and the subsequent AC Judgement are the first expressions of the ICC’s understanding of complementarity in Article 13(b) cases. Admissibility decisions display how the ICC attempts to strike the balance between international justice and states’ right to exercise their territorial criminal jurisdiction. In relation to cases triggered by UNSC referrals, these decisions also mark the delicate moment in which the ICC’s interaction with the politics UNSC is unveiled. In the case against Saif Al-Islam Gaddafi the ICC seems to have taken deferent approach toward the highly authoritative mechanism that triggered the case. Legally speaking, these decisions might appear as a missed opportunity. They fail to provide a conclusive clarification of the parameters of the ‘same case’ test. First, the AC did not subscribe to the offence-specific interpretation of the ‘same conduct’ test embraced previously by PTCI and, in the name of consistency with the Court’s previous case law, reverted to the incident-specific approach adopted in Lubanga. However, the case-by-case approach adopted by the AC undermines the legal certainty that the AC meant to achieve in the definition of the admissibility test. Moreover, the AC has failed to appraise the PTCI’s conclusion that domestic implementation of international crimes is not necessary for the purposes of successfully challenging the admissibility of a case. Finally, in light of the constraints imposed by Article 17(2) on the relevance of due process violations, the PTCI’s decision to reject on the grounds of ‘inability’ as opposed to ‘unwillingness’, which again the AC did not consider, could be seen as evidence of a deferent stance toward the UNSC.     

Japan’s position in international climate policy: navigating between Kyoto and the APP

The emergence of technology-oriented agreements such as the 2005 Asia-Pacific Partnership on Clean Development and Climate (APP) may have significant implications for the future of global climate governance, as these agreements could be perceived as an alternative for the existing international climate regime. It is, therefore, important to examine what has moved countries to be involved in these agreements alongside the UN climate regime. This article seeks to identify possible factors contributing to Japan’s participation in both the UN climate regime and the APP, looking at the position of domestic interest groups, the distribution of climate policy-making at the government level and varying international pressures. It concludes that Japan’s participation in both the APP and the UN climate regime flows from a policy-making process that tries to accommodate conflicting viewpoints at the domestic and international levels. To what extent Japan’s participation in both fora can be regarded as constructive will depend on the partnership’s ability to support the implementation of a future climate regime.

Determinants of prisoners’ perceived need for care in association with criminal recidivism

This study explored determinants of perceived need for care among male inmates of general prison wards in Amsterdam (N = 208) with a normative need for care. Also, it assessed the relation between perceived need for care and criminal recidivism. Normative need for care was defined as having a mental health problem, assessed with the Brief Jail Mental Health Screen, or being substance dependent. Perceived need for care was defined as a subjective problem experience and a wish to receive care. Mental health and/or addiction problems were highly prevalent (68%). Of those inmates, only 29% had a perceived need for care. Age and borderline personality disorder were associated with perceived need for care, prior care utilization intermediated these associations. No direct relation between perceived need for care and criminal recidivism was observed. All inmates should be well screened and the benefits of mental health care should be promoted.