That Was Then, This Is Now, What About Tomorrow? Future Directions in State Crime Studies

Research and theorizing on state crime has come to play an important role in the fields of criminology and criminal justice for understanding the worst of crimes: those of powerful state agencies and agents. Since William Chambliss’ (1989) ASC presidential address, scholars of state crime have made advances in theoretical modeling and analyzing core enactment and etiological factors of crimes of the state (e.g., Barak 1991; Friedrichs 1998; Grabosky 1989; Kauzlarich and Kramer 1998; Kramer and Michalowski 2005; Kramer et al. 2005; Michalowski and Kramer 2006; Mullins and Rothe 2008a, b; Pearce 1976; Ross 1995, 2000; Rothe 2009; Rothe and Mullins 2006, 2008). Nonetheless, the study of state crime still has a long way to go before it ever reaches the magnitude or legitimacy afforded to the study of traditional street crime. It is with this in mind that several leading scholars of state criminality have come together and reevaluated the state of state crime and the ways in which the field must move forward. This kind of inventory, where scholars examine the past, present and future of the field, is not without precedent. For example, almost a decade ago (Ross et al. 1999) explored the difficulty of conducting state crime research and made a series of recommendations on how it could be improved. Nearly 7 years later (Rothe and Friedrichs 2006) re-evaluated the state of state crime and called for more attention to those beyond US crimes of the state and include crimes of globalization and also international controls such as the International Criminal Court (Friedrichs and Friedrichs 2007; Rothe and Mullins 2006; Rothe et al. 2006, 2008). Since that time, there has been substantial movement by scholars of state crime in these other areas, yet, as we note, there still remains key issues that need to be addressed and overcome: it is with this that we again revisit the field of state crime. We wish to thank all of those that contributed to our discussions and thoughts during the American Society of Criminology Roundtable on State Crime I and II, November 2007.

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The fallacy of perfect regulatory controls: Lessons from database surveillance of migration in West Germany from the 1950s to the 1970s

Surveillance studies have long argued that electronic databases are designed to maximize state surveillance as a “superpanopticon” or “surveillant assemblage.” But how are databases being implemented in practice, and do they actually enhance control? This article addresses these questions by examining the case of the German Central Foreigners Register (Ausländerzentralregister [AZR]). Established in 1953, the AZR was one of the first databases on migrants in the western liberal world, and remains a pillar of Germany's migration control system today. By analyzing internal ministerial records from the 1950s to the 1970s – the time when this database was introduced, expanded, and automatized while still relatively free from legal or public constraints – this article examines whether, or how, databases enhance state control. I argue that the AZR did not provide the “perfect surveillance” it was intended to deliver; rather, it produced major bureaucratic and political challenges and a series of malfunctions. This case study confirms that database surveillance, such as the German AZR in the 1970s and European databases today, depends on three basic conditions: shared expectations regarding data usages, cooperation in data supply, and capacities of data storage and maintenance. Moreover, databases serve the additional symbolic function of reassuring the self-imagination of sovereign, modern state power.     

Rejoinder to Professor Ruback's article: Warranted and Unwarranted Complexity in the U.S. Sentencing Guidelines

Professor Barry Ruback critiques the U.S. sentencing guidelines for their complexity, their lack of articulated purpose, and their unreliability. In a brief rejoinder to the complexity argument, this article points out that the complexity of previous sentencing practices helped drive the complexity of the guidelines the federal Sentencing Commission developed. Further, it notes that while the commission failed to articulate a philosophical purpose to the guidelines, the commission did develop guidelines that are a modified just desert model. Finally, the complexity of the guidelines does increase the risk of miscalculation and thus unreliability compared to simpler guidelines, but this discussion shows that a fairer benchmark is to past sentencing practices.     

Heteroplasmy in mtDNA in a set of dizygotic twins

The authors report on a case of a dicygotic female twin pair, one of them containing a T/C heteroplasmy in two (heart and brain) of five analysed organs at position nt204 of the HV2 region. Results and especially the evidence of an unequal distribution of the heteroplasmy are discussed.     

Hair analysis of opiates in mothers and newborns for evaluating opiate exposure during pregnancy

The increasing interest in toxicological hair analysis as a marker of human exposure to xenobiotics such as illicit substances or therapeutic drugs, has been made feasible by the extension of mass spectrometry, a highly sensitive method of detection. A newborn exposed to drugs in utero can suffer from a varying degree of withdrawal syndrome, a few days after birth. If of opiate origin, the withdrawal syndrome can be treated with morphine, among other therapeutics, but it is not easy to diagnose because of atypical symptoms presented by neonates and especially when maternal drug addiction has not been revealed. To assess and measure toxicological factors linked with the appearance and the severity of this syndrome, maternal and neonatal matrices such as urine, meconium and hair were collected during a protocol approved by the ethical committee. Opiates in particular were measured with GC-MS and potential combined dependences (cannabis, cocaine, amphetamine, LSD and benzodiazepines) and/or substitutive therapeutics (methadone or buprenorphine) were also assessed in 17 mother/neonate couples. Gestational opiate exposure profiles were drawn up and linked with the observed withdrawal syndromes. A withdrawal syndrome seems to appear more frequently after foetal exposure to an association of opiates/substitutive molecules (8 out of 10 withdrawal syndromes observed in this study), although the impact of cocaine and benzodiazepines must also be taken into account. The results obtained in neonatal hair make it possible to affirm foetal drug exposure and are in accordance, for the majority, with the appearance of a neonatal withdrawal syndrome (NWS). Neonatal hair analysis could contribute to assess in utero exposure to opiates, particularly when results in urine and meconium are negative or when these matrices are not available.     

Vehicle-assisted suicide resulting in complete decapitation

A rare case of vehicle-assisted suicide in a 43-year-old man is presented. The man had tied a rope between a fence and his neck and, while seated on the driver's seat, accelerated the vehicle, which resulted in complete decapitation. Earlier that day, the man had tried to bleed himself to death by bottling his own blood in his flat, thus defining the case as secondary complex suicide.     

'Good Faith' in the WTO Jurisprudence - Necessary Balancing Element or an Open Door to Judicial Activism?

The purpose of the article is two-fold: first, it seeks to clarifyand structure those contexts in which the principle of goodfaith has entered the WTO jurisprudence; and second, it presentsan analysis of the potential effects and risks accompanyingthis entrance, such as the allegation of judicial activism onthe part of the panels or the Appellate Body and the viabilityof a distinction between violation and non-violation cases.It attempts to define the framework within which a suitableconcept for the application of good faith must be found andexplores the conclusion that thus far the Appellate Body hasapplied good faith with the necessary caution. However, it cautionsthe necessity of avoiding an overbroad use of the concept andmandates the requirement for the judicial bodies to articulatemore clearly the content attributed to the concept in a particularcase and the legal consequences thereof than it has done thusfar. Finally this article urges the judicial bodies to avoidthe idea of an abstract obligation of good faith that adds somethingto the obligation under the WTO Agreements. This would accordwith the traditional international law understanding of whatthe application of the good faith principle implies.     

EFFECTS OF SKILL-BASED VERSUS INFORMATION-BASED DIVORCE EDUCATION PROGRAMS ON DOMESTIC VIOLENCE AND PARENTAL COMMUNICATION

This study used a pre- and postevaluation with a control group to compare the effectiveness of two divorce education programs: skill-based Children in the Middle (CIM) and informationbased Children First in Divorce (CFD). Each treatment group consisted of approximately 125 divorcing parents mandated to attend divorce education in Florida. The control group consisted of 64 divorcing parents not mandated to attend divorce education in Alabama for lack of a program. Treatment and control parents lived in comparable cities with comparable demographics. Results indicate that CIM, not CFD, improved parental communication. Both CIM and CFD reduced child exposure to parental conflict. Neither program had effects on domestic violence, actual parental conflict, or child behavior problems. Across all groups, parents with greater divorce knowledge and communication skills experienced more reciprocal discussions with the other parent, less parental conflict, less domestic violence, and they exposed children to less conflict.