A Retributive Argument Against Punishment

This paper proposes a retributive argument against punishment, where punishment is understood as going beyond condemnation or censure, and requiring hard treatment. The argument sets out to show that punishment cannot be justified. The argument does not target any particular attempts to justify punishment, retributive or otherwise. Clearly, however, if it succeeds, all such attempts fail. No argument for punishment is immune from the argument against punishment proposed here. The argument does not purport to be an argument only against retributive justifications of punishment, and so leave open the possibility of a sound non-retributive justification of punishment. Punishment cannot be justified, the paper argues, because it cannot be demonstrated that any punishment, no matter how minimal, is not a disproportionate retributive response to criminal wrongdoing. If we are to hold onto proportionality—that is, proportionality as setting a limit to morally permissible punishment—then punishment is morally impermissible. The argument is a retributive argument against punishment insofar as a just retributive response to wrongdoing must be proportionate to the wrongdoing. The argument, that is, is concerned with proportionality as a retributive requirement. The argument against punishment is set out on the basis of a familiar version of the ‘anchoring problem’, according to which it is the problem of determining the most severe punishment to anchor or ground the punishment scale. To meet the possible criticism that we have chosen a version of the anchoring problem particularly favourable to our argument, various alternative statements of the anchoring problem are considered. Considering such statements also provides a more rounded view of the anchoring problem. One such alternative holds that the punishment scale must be anchored not just in the most severe punishment, but in the least severe punishment as well. Other alternatives hold that it is necessary and sufficient to anchor the punishment scale in any two punishments, neither of which needs to be the most or least severe punishment. A further suggestion is that one anchoring point anywhere along the punishment scale is sufficient, because it is possible to ‘project’ from such a point, so as to determine the correlative punishments for all other crimes, and so derive a complete punishment scale. Finally, the suggestion is considered that one can approach the issue of a punishment scale ‘holistically’, denying any distinction between anchoring and derived (or ‘projected’) punishments.     

Economic freedom, culture, and growth

How do economic freedom and culture impact economic growth? This paper argues that culture, as measured by the World Values Surveys, and economic institutions associated with economic freedom are both independently important for economic prosperity, but the strength of their impact can be better understood only when both are included in the growth regression. Our results indicate that economic freedom is more important than culture for growth outcomes, suggesting substitutability between the two. We posit that culture is important for growth when economic freedom is absent, diminishing in significance once economic freedom is established.     

Using Gas Chromatography with Ion Mobility Spectrometry to Resolve Explosive Compounds in the Presence of Interferents*

Abstract: Ion mobility spectrometry (IMS) is a valued field detection technology because of its speed and high sensitivity, but IMS cannot easily resolve analytes of interest within mixtures. Coupling gas chromatography (GC) to IMS adds a separation capability to resolve complex matrices. A GC‐IONSCAN^® operated in IMS and GC/IMS modes was evaluated with combinations of five explosives and four interferents. In 100 explosive/interferent combinations, IMS yielded 21 false positives while GC/IMS substantially reduced the occurrence of false positives to one. In addition, the results indicate that through redesign or modification of the preconcentrator there would be significant advantages to using GC/IMS, such as enhancement of the linear dynamic range (LDR) in some situations. By balancing sensitivity with LDR, GC/IMS could prove to be a very advantageous tool when addressing real world complex mixture situations.     

Misinterpreting Danger? Stereotype Threat,Pre-attack Indicators,and Police-Citizen Interactions

This paper compares police trainings and materials on pre-attack indicators in police-citizen interactions with similar behavioral indicators of stereotype threat, which is not necessarily a sign of danger. Stereotype threat is a social identity threat in which individuals feel that they may be judged or treated negatively based on a social group stereotype (Steele 1997). This psychological threat can increase the target’s anxiety, physiological arousal, and decrease cognitive capacity. We hypothesize that symptoms of stereotype threat might be similar to pre-attack indicators being taught to police in the USA, which can lead police to potentially misinterpret a citizen’s actions. Using a deductive content analysis, three coders analyzed a sample of pre-attack indicator police trainings for three indicators of stereotype threat: anxiety, arousal, and reduced cognitive capacity. Results found significant overlap between danger indicators taught in trainings and stereotype threat indicators. All 15 identified trainings contained at least one of the three indicators of stereotype threat, and 13 contained at least two indicators. None of the trainings discussed stereotype threat. We argue that stereotype threat should be taught in addition to relevant indicators of danger in trainings, lest officers misinterpret citizens’ stereotype threat-related behaviors solely as manifestations of imminent danger.     

Resources on East Timor

Abstract

Until recently information in the United States on East Timor and the Indonesian occupation was scarce and usually outdated; more English-language material has been available in Australia and Britain. The wide international distribution of the videotape of the Indonesian Army's massacre of more than 270 innocent Timorese civilians in the Santa Cruz Cemetery (12 November 1991) contributed greatly to increasing international awareness of East Timor's plight. More importantly, the publicity surrounding the massacre revitalized solidarity groups around the world. As the groups expanded, so did the literature on East Timor. It is noteworthy that, aside from a few scholarly works, almost all of the available literature on East Timor has been written by activists of one sort or another.     

The Royal Navy,Intelligence and the Spanish Civil War: Lessons in Air Power, 1936–39

This article discusses the Royal Navy (RN)—Royal Air Force (RAF) feud concerning the use of air power in the round through an investigation of each service's appreciations of the lessons being learned about air power during the Spanish Civil War. It reveals that despite such bodies as the Joint Intelligence Committee existing, for the processing of operational and strategic intelligence, there was very little that was joint about the way air power lessons were being used to inform RN and RAF interwar preparations for future conflict. Not only were the RN and RAF rivals, which dragged out the process and skewed the results so that they became useless for planning, but in that non-joint age each service could use the results for its own separate purposes and avoid any synergy among the services for operational and strategic effectiveness.     

Habeas corpus: Bodies of evidence and performed litigiousness – the spectacle of Michael Jackson's trial

Abstract

Drawing on contemporary theorisation of the body and the ways in which the body is staged/performed, this article will consider the received legal tradition of the letter of the law as univocal and binding – enacted through the body of evidence and due process – and look at how, in the 2005 Michael Jackson trial, jurisprudence became imbricated with the staging of Jackson's multivalent body, the pornographic self-depiction of the child ‘victim’, and the television spectacle of dramatised court re-enactments, produced for such channels as E! Entertainment and Sky News. The implications of the latter (as opposed to the permitted live television coverage of the O.J. Simpson criminal trial in 1994) will be investigated in the light of Jean Baudrillard's notion of simulacra: in the case of the television re-enactments, the actual Santa Maria courthouse becomes displaced onto the world of the television set, where all the key members of the various legal teams, including Judge Rodney S. Melville, are played by professional actors. Edward Moss, who plays Michael Jackson, perpetuates and further ramifies the hyperreal performativity associated with the actual pop star, whose image has become so imbued with theatricality, media saturation and forensic prurience that he seems to have become a simulacrum of himself.     

Measuring media oriented terrorism

Although long established, media oriented terrorist events have not been conceptualized or measured in a coherent manner. To forward the empirical study of media oriented terrorism, a measure that can be applied to terrorist events or to terrorist groups was developed and employed to compare terrorist activity for twenty terrorist groups and two hundred terrorist events. The media orientation measure taps into five factors of media orientation and successfully differentiates high from low media orientated events and active and inactive media oriented terrorist groups. The single most important factor regarding any group's individual media orientation level was their base of operation. Terrorist groups that were engaged in regional struggles were found to be less media oriented. Despite the news value of death and injury, the terrorist group with the highest fatality and injury averages ranked ninth in its media orientation score indicating that death and injury was not a necessary indicator of media orientation. Scores further suggest that media savvy well-known terrorist groups did not pursue media oriented activity as a constant strategy.     

Guilty Property: A quantitative analysis of civil asset forfeiture

The objective of this article is to explore how property seized under the federal civil-judicial forfeiture laws for drug law violations is proceeded against by the government. The methodology is primarily exploratory. A sample of federal civil-judicial drug forfeiture cases is described and then analyzed in regard to the relative importance of the cases’ characteristics. The findings raise serious questions about the use of this policy and the government’s intent behind forfeiture. Implications and suggestions for future research are also presented.