Is there a Need for a European Criminology?

Readers were invited in Issue 4, 2000 to give their comments on the subject of European criminology. The Editors also invited some scholars on a personal title. The comments, ranging from 1,200 to 2,000 words are presented in alphabetical order. The comments are written by: Rosemary Barberet, Josine Junger-Tas, Martin Killias, H.-J. Schneider, Alenka élih, Henrik Tham, Bas van Stokkom and Lode Walgrave. Together they offer a view on the ideas and different views on European criminology.     

Sexsomnia – a forensic psychiatric challenge – a case report

In rare penal cases, a defendant makes a claim that he or she was asleep at the time of an alleged crime. This article discusses a case of alleged sexsomnia where a man claimed that he had been asleep during a sexual encounter (rape) with a woman. The question that often arises during an investigation and in court is how complex a behaviour is someone able to perform and still be asleep? To assist the court in answering this question, forensic psychiatric experts may be appointed. But the experts were not present during the act and must therefore consider each case on the basis of the available information and existing research. This paper provides a brief overview of the research regarding sexsomnia. It will also discuss what kind of information is important to elaborate in these cases in order to clarify the premises for the experts’ conclusions to the court.     

Physical restraint in a therapeutic setting; a necessary evil?

Physical restraint of people experiencing mental health problems is a coercive and traumatic procedure which is only legally permitted if it is proportionate to the risk presented. This study sought to examine the decision-making processes used by mental health staff involved in a series of restraint episodes in an acute care setting. Thirty nurses were interviewed either individually or in focus groups to elicit their views on restraint and experience in specific incidents. Four factors which influenced the decision to restrain were identified: contextual demands; lack of alternatives; the escalatory effects of restraint itself; and perceptions of risk. While some of these factors are amenable to change through improvements in practice, training and organisational culture, nurses viewed restraint as a necessary evil, justified on the basis of the unpredictable nature of mental illness and the environment in which they worked.     

Lak?a?ā as a Creative Function of Language

When somebody speaks metaphorically, the primary meanings of their words cannot get semantically connected. Still metaphorical uses succeed in conveying the message of the speaker, since lak?a?ā, a meaning-generating faculty of language, yields the suitable secondary meanings. Ga?ge?a claims that lak?a?ā is a faculty of words themselves. One may argue: “Words have no such faculty. In these cases, the hearer uses observation-based inference. They have observed that sometimes competent speakers use the word w in order to mean s, when p, the primary meaning of w does not make any semantic sense. In all such cases, s is actually related to p. After having observed this, when the hearer hears the utterance of w, and realizes that w’s primary meaning p is semantically unfit for the sentence-meaning, they infer on the basis of their prior observation that ‘the competent speaker must mean s by uttering w’. Thus lak?a?ā becomes a success.” This apparently well-argued reduction does not stand the critical examination; neither in Ga?ge?a’s framework, nor even in the general theory of language. For one can compose and interpret potentially infinite novel sentences based on lak?a?ā while the observational inferences one can make are finite. Ga?ge?a says very clearly that as far as the secondary meaning is concerned, no prior observation is required. This paper will argue that not only does language yield secondary meanings through lak?a?ā, but it also restricts the use of secondary meanings; for one cannot mean just anything by saying something. Lak?a?ā is a creative function with infinite potential within the limits set up by the language faculty.     

Finding a voice – the feasibility and impact of setting up a community choir in a forensic secure setting

This study reports on the feasibility and impact of running a choir for forensic psychiatric inpatients, staff and members of the local community, within the confines of a medium secure psychiatric unit. The choir ran between October and December 2013. Eight weekly workshops and a final concert performance were evaluated through participant observation and focus groups held with the participants. Between 12 and 16 male and female patients attended each workshop and the final concert. All participating patients had received a diagnosis of schizophrenia, schizo-affective disorder or personality disorder, all had committed serious violent or sexual offences and all were legally detained and receiving treatment in a forensic medium or low secure ward, under the Mental Health Act (England and Wales). Considerable benefits were reported by patients, as well as by the participating community choir members and staff. Primary benefits reported by patients included the following: improved happiness and well-being; increased confidence and self-esteem; greater emotional connectedness and reduced sense of stigma. Participating staff also reported increased feelings of well-being and happiness, greater tolerance and more positive perceptions of the functioning and capabilities of forensic psychiatric patients. The longer term benefits of music participation on the mental health and social functioning of forensic psychiatric patients require further investigation.     

To marry a thief? Crime type as a deterrent to cohabitation

Objectives

Using a vignette study, we investigated the relative attractiveness as cohabitation partners of five different types of offenders, male as well as female.

Methods

Respondents advised a hypothetical person whether he or she should start cohabiting with his or her partner who had offended once. Gender and type of offence were systematically varied.

Results

Our findings suggest that violent offenders are equally attractive as serious property offenders. Against expectation, perpetrators of relational violence are not rated as less attractive than other violent offenders, even if they are male, and also when females are the raters. Male violent offenders are rated as less attractive cohabitation partners than female violent offenders. Sex offenders are the least attractive cohabitation partners, particularly those who had offended against a child.

Conclusions

Crime type matters: sex offending impacted consistently negatively on cohabitation advice. This effect may be partly due to the fact that many regard sex offenders as incurable and ‘deviant.’ Violent offending did not elicit markedly negative advice. Perhaps it was considered less of a risk because of the message in the vignette that the prospective cohabitants had a good relationship. It may also be that many young people have been in a fight or have slapped someone in their lives, and, therefore, downplay the seriousness of this offence.

     

Can a Woman Rape a Man and Why Does It Matter?

Under current UK legislation, only a man can commit rape. This paper argues that this is an unjustified double standard that reinforces problematic gendered stereotypes about male and female sexuality. I first reject three potential justifications for making penile penetration a condition of rape: (1) it is physically impossible for a woman to rape a man; (2) it is a more serious offence to forcibly penetrate someone than to force them to penetrate you; (3) rape is a gendered crime. I argue that, as these justifications fail, a woman having sex with a man without his consent ought to be considered rape. I then explain some further reasons that this matters. I argue that, not only is it unjust, it is also both a cause and a consequence of harmful stereotypes and prejudices about male and female sexuality: (1) men are ‘always up for sex’; (2) women’s sexual purity is more important than men’s; (3) sex is something men do to women. Therefore, I suggest that, if rape law were made gender neutral, these stereotypes would be undermined and this might make some (albeit small) difference to the problematic ways that sexual relations are sometimes viewed between men and women more generally.     

How to acquire legitimacy and become a player in a regional innovation ecosystem? The case of a young university

The Journal of Technology Transfer - Universities are recognized as a particular type of public organization. Due to the important role they are acquiring in the development of regional economies,...     

The pregnant woman and the good Samaritan: can a woman have a duty to undergo a caesarean section?

Although a pregnant woman can now refuse any medical treatment needed by the fetus, the Court of Appeal has acknowledged that ethical dilemmas remain, adverting to the inappropriateness of legal compulsion of presumed moral duties in this context. This leaves the impression of an uncomfortable split between the ethics and the law. The notion of a pregnant woman refusing medical treatment needed by the fetus is troubling and it helps little simply to assert that she has a legal right to do so. At the same time, the idea that a pregnant woman fails in her moral duty unless she accepts any recommended treatment or surgery--however great the burden--is also not without difficulty. This article seeks to find a way between these two somewhat polarized positions by arguing that, instead of being a question primarily about whether legally to enforce moral obligations, the 'maternal-fetal conflict' begins with previously unrecognized difficulties in determining when a woman's prima facie moral rights invoked in the treatment context should 'give way' to the interests of the fetus. This difficulty is mirrored within the law. Thus, how can we tell when a pregnant woman has the moral or legal duty to submit to a caesarean section? Seen in this way, the conflict is a problem which lies at the interface between moral and legal rights and duties, showing that there are important conceptual links between the ethics and the law. Against this background, this article explores the limits of a pregnant woman's right to bodily integrity by focusing upon the idea of her moral duty to aid the fetus through her body. Here we find difficulties in determining the existence and extent of this somewhat extraordinary duty. Such a duty is contrasted with both negative and positive duties toward others in the course of 'general conduct.' Attention to the social context of pregnancy and the refusal of treatment within this is also instructive. Overall, the purpose is to foster understanding and acceptance of the current legal position.     

The Grooved Pegboard Test as a Validity Indicator—a Study on Psychogenic Interference as a Confound in Performance Validity Research

This study was designed to replicate an earlier report on the link between low scores on the Grooved Pegboard test (GPB), invalid responding, and elevated self-reported psychiatric symptoms. A fixed battery of neuropsychological tests was administered to 100 consecutively referred outpatients (M_Age?=?38.3, M_Education?=?13.6 years) following traumatic brain injury at a Midwestern academic medical center. Classification accuracy of GPB validity cutoffs was computed against a free-standing PVT and three composite measures of embedded validity indicators. Previously suggested GPB validity cutoffs (T?≤?29 in either hand) produced good combinations of sensitivity (0.25–0.55) and specificity (0.89–0.98) to psychometrically defined invalid performance. Raising the cutoff to T?≤?31 resulted in a reasonable trade-off between increased sensitivity (0.36–0.55) and decreased specificity (0.84–0.94). T?≤?31 in both hands was highly specific (0.93–0.98) to noncredible responding. GPB validity cutoffs were unrelated to psychiatric symptoms or injury severity. Failing PVTs based on forced choice recognition was associated with elevated self-reported depression, somatic concerns, and overall symptomatology. Low scores on the GPB are reliable indicators of noncredible responding. Self-reported emotional distress has a complex relationship with performance validity. Psychogenic interference is a potential mechanism behind PVT failures, and its expression is likely mediated by instrumentation and sampling artifacts. Further research on the topic is clearly needed to advance current understanding of psychogenic interference as a confound in cognitive testing.     

Can a perceptual peer deviance measure accurately measure a peer's self-reported deviance?

Purpose

Social learning theory and self-control theory differ considerably in their interpretation of what qualifies as a “valid” measure of peer deviance. While the two theories are epistemological opposites in regards to how to operationalize the peer deviance construct, their differences are reconcilable. The current study seeks to identify a set of perceptual items that accurately measure a peer's self-reported deviance. This measure would satisfy the preferences of both learning and control theories because the measure is perceptual but also accurate.

Methods

Using data from 2,154 individuals in friendship pairs where each respondent perceived 26 peer behaviors and self-reported the same behaviors, regression, item-response, and mean difference tests are used to perform item deletion.

Results

Five perceptual peer deviance items are identified which are not significantly different from the peer's self-reported deviance. When scaled together and inserted into multivariate regressions, however, the perceptual peer deviance items are still related to the respondent's deviance more strongly than the peer's self-reported deviance.

Conclusions

We are unable to identify a set of perceptual items that is interchangeable with a peer's self-reported deviance. Accordingly, the theoretical debate between Akers and Gottfredson and Hirschi regarding the measurement of differential association may not be empirically resolvable.