From ugly duckling to Swan. The rise of data protection and its limits

This article considers the development of data protection laws from a position on the periphery of legal consciousness to the situation where it is the subject of intensive legal and media publicity. Focusing on the recent controversies surrounding the use of Facebook apps for political purposes, the article will consider the role and limitations of data and privacy protection laws. The question will be posed – if not answered – whether national or regional laws can be effective in what increasingly is a global information society.     

The legal geographies of transnational cyber-prosecutions: extradition,human rights and forum shifting

This article describes legal and human rights issues in three cases of transnational online offending involving extradition requests by the United States (US). These cases were selected as all suspects claimed the negative impacts of autism spectrum disorders (ASDs) were sufficient to deny extradition on human rights grounds. We demonstrate how recent developments in UK and Irish extradition law raise human rights and prosecutorial challenges specific to online offending that are not met by established protections under domestic and internationally sanctioned approaches to extradition or human rights law. In these cases, although the allegedly unlawful conduct occurred exclusively online and concurrent jurisdiction enables prosecution at both the source and location of harm, we demonstrate why national courts hearing extradition challenges are extremely reluctant to shift the trial forum. We conclude by discussing the implications of the new geographies of online offending for future criminological research and transnational criminal justice.     

An examination of the experience of cryptocurrency use in Russia. In search of better practice

This study concerns the use of crypto-currency with specific reference to the situation in Russia. A variety of such systems exist; Bitcoin, however, is perhaps the best-known example and will be used as synonymous with the concept throughout this article. Our findings not only show how the views of Russian government bodies are formed and developed, but also sheds light on the specific innovative methods which legal entities use for development of the economy. Consideration will be given to recent developments within Russia which has been more active than many countries in seeking to clarify the status of Bitcoin and providing for the regulation of the technology.     

Knowledge Management and Open Innovation in United Kingdom Local Authorities

The article examines the performance of UK local authorities in relation to knowledge management and open innovation. Data were acquired using a mail survey of non-metropolitan local authorities in England and Wales. The results indicate that certain factors influence the effectiveness of the knowledge management process. Authorities engaged in open innovation have developed more effective knowledge management processes. Hence, of instead of implementing a strategy solely based upon cutting services and reducing staffing levels, local authorities seeking to survive in the face of government spending cuts might also consider the benefit from optimizing the effectiveness of their knowledge management processes and participation in open innovation.     

Punishing Drug Possession in the Magistrates’ Courts: Time for a Rethink

A lively drug policy debate is going on in the UK, and a central theme emerging is the punishment of drug offenders. The main contributing voices draw attention to the largely futile position of prosecuting offenders through the criminal justice system who are drug addicted and/or who are caught in possession of small quantities of drugs for personal use. This paper adds to this discussion by reporting findings from observations carried out in London Magistrates’ Courts. It notes the relatively high prevalence of small quantity drug possession cases that appeared before the courts over the study days, and questions the value of this type of crime arriving here in the first place. It examines the resultant financial penalties that are most commonly dispensed, and asks whether they can be reasonably justified. It states these are harsh and depriving given the already economically disadvantaged status of most defendants. In addition, case details revealed issues of policing approach involving ‘stop and search’ and the variable application of police discretion. The paper calls for thought to be given to the damage caused to peoples’ lives through pursuing criminalising drug policies, and to the time and economic cost to stretched policing and criminal justice resources. It suggests we learn lessons from other European jurisdictions who assign drug possession for personal use cases, to an arm of the prosecution service where they are processed as ‘out-of-court’, ‘administration offences’.     

Toward a comprehensive theory of child sexual abuse: A theory knitting perspective

Abstract

In recent years a number of multifactorial theories of child sexual abuse have been developed. The most influential are Finkelhor's (1984) Precondition Model of child sexual abuse; Hall and Hirschman's (1992) Quadripartite Model; and Marshall and Barbaree's Integrated Theory (1990). While all three of these important theories have a number of strengths, each has serious weaknesses that limit its ability to provide a satisfactory explanation of child sexual abuse. In this paper we attempt to integrate the best elements of the three theories into a comprehensive etiological theory, or at least the beginnings of such a theory. After outlining the concept of theory knitting we briefly summarise each of the multifactorial theories and their major strengths and weaknesses. We then develop a comprehensive theoretical framework (the Pathways Model) integrating both the overlapping and unique elements of these broad perspectives with some additional concepts derived from various psychological domains. In the final section of the paper we consider the adequacy of the Pathways Model.     

A critique of hall and hirschman's quadripartite model of child sexual abuse

Abstract

The aim of the current article is to critically examine an extremely influential multi-factorial theory of child molestation. Hall and Hirschman's (1992) quadripartite model. This innovative model was originally presented as a theory of rape and later extended to explain the onset of child sexual abuse. Despite its prominent status the adequacy of its basic ideas have never been systematically evaluated. First, I describe the quadripartite model in detail and outline its core assumptions. Next, these ideas are subject to critical analysis and I highlight its strengths and weaknesses. Finally, I conclude with some brief comments about the model and the role of theory development in the sexual offending area.     

Criminogenic needs and human needs: A theoretical model

Over the last two decades, empirical evidence has increasingly supported the view that it is possible to reduce reoffending rates by treating or rehabilitating offenders rather than simply punishing them. In fact, this shift from a punishment to a rehabilitation model is arguably one of the most significant events in modern correctional policy. Criminogenic needs, dynamic risk factors, have been the focus of a considerable amount of research and are viewed as primary intervention targets. Drawing from the correctional, psychological, philosophical, and social policy literature, we distinguish between instrumental and categorical needs. The latter are derived from assumptions about human nature and provide the theoretical grounds for the former, as well as for criminogenic needs. We argue that an enriched concept of needs embedded in the notion of human well being, can provide a coherent conceptual basis for rehabilitation and also avoid the problems apparent in the concept of criminogenic needs. From this perspective, criminogenic needs are usefully construed as the internal and external obstacles associated with need distortion. Therefore, they are directly linked to basic need distortion and the absence of the internal and external conditions necessary for a person to lead a fulfilling life. Finally, we outline a possible framework utilising categorical needs and discuss the clinical and policy implications of our perspective.