Green Criminology and Dirty Collar Crime

As a contribution to literature drawing together green criminology and studies of organised and corporate crime, this paper provides a case study of crimes and public health harms linked to the Naples garbage disposal crisis. The context is the inability of modern consumer society to cope with the problem of mass production of waste. In turn this leads to opportunities for both legal and criminal entrepreneurs to offer services that promise but fail to ‘dispose’ of the problem. The analysis draws upon environmental law and classic studies of organised crime.     

Regulatory competition in European company law

States have customarily tended to compete with one another. Not always, however, is this tendency, or the underlying methods put to use, obvious. That states (provincial divisions in the US) were competing to attract incorporations by relaxing their regulatory standards, couldn’t be seriously observed and highlighted until mid-1970s. Today, a few would doubt the existence of regulatory competition in corporate law in the US. In this paper, the author examines the issue whether the EU is (likely to be) engaged in regulatory competition in the area of company law. Answering the question in affirmative, the author proceeds to examine the strength of the race to the bottom and the race to the top theories, as developed and argued in the US, for the European setting. Since the legal systems of Member States of the EU have certain very disparate “core values” along which those systems have historically developed, relaxation of standards in the EU would take place against different variables. Because of the multitude of variables, comparable variables are unlikely to yield comparable results; either of the race theories is unlikely to satisfactorily predict the regulatory behaviour of EU Member States. Instead, since “laxation” in respect of one variable would be met by “optimisation” in respect of the other, there is likely to be simultaneous races to the top and to the bottom among the EU Member States.     

Earth system governance: a research framework

The Earth System Science Partnership, which unites all major global change research programmes, declared in 2001 an urgent need to develop “strategies for Earth System management”. Yet what such strategies might be, how they could be developed, and how effective, efficient and equitable such strategies would be, remains unspecified. It is apparent that the institutions, organizations and mechanisms by which humans currently govern their relationship with the natural environment and global biochemical systems are not only insufficient—they are also poorly understood. This article presents the science programme of the Earth System Governance Project, a new 10-year global research effort endorsed by the International Human Dimensions Programme on Global Environmental Change (IHDP). It outlines the concept of earth system governance as a challenge for the social sciences, and it elaborates on the interlinked analytical problems and research questions of earth system governance as an object of study. These analytical problems concern the overall architecture of earth system governance, agency beyond the state and of the state, the adaptiveness of governance mechanisms and processes as well as their accountability and legitimacy, and modes of allocation and access in earth system governance. The article also outlines four crosscutting research themes that are crucial for the study of each analytical problem as well as for the integrated understanding of earth system governance: the role of power, knowledge, norms and scale.     

The Right to an Impartial Hearing Trumps the Social Imperative of Bringing Accused to Trial Even ‘Down Under’

Accused persons who are subjected to a saturation level of negative media coverage may be denied an impartial hearing, which is perhaps the most important aspect of the right to a fair hearing. Despite this, the courts have generally held that the social imperative of prosecuting accused trumps the interests of the accused. The justification for an impartial hearing stems from the repugnance of convicting the innocent. Viewed dispassionately, this imperative is not absolute, given that every legal system condones procedures which result in the conviction of some innocent people. While the importance of guarding against wrongful convictions has been overstated, the imperative to bring to trial all accused has been even more exaggerated. The legal system has displayed a capacity to deal with cases where the guilty walk free. The institutional integrity of the criminal justice system would be significantly compromised by convictions that are tarnished by pre-judgment. Confidence in the criminal justice system is more important than individual criminal accountability. The inability to receive an impartial hearing should result in a permanent stay. The only exception is where the alleged crime has the capacity to cause widespread fear or social unrest. This only applies in relation to serious acts of terrorism. This article focuses on recent legal fair trial developments in Australia, however, the analysis, reasoning and conclusion applies in relation to all jurisdictions where juries determine guilt and innocence.     

Barricaded Captive Situations in Schools: Mitigation and Response

Although not common occurrences, schools are occasionally the site of barricaded captive events. To date little research has examined these acts of school violence. The purpose of this article is to describe 19 school barricaded captive events that occurred between February, 1998 and September, 2007 in the United States. Data were analyzed by examination of news reports of each incident, and include the following variables: Incident location (state, community), school level and size, time of day of the event, location of the event within the school, age and sex of the subjects, information about the captives, presence of school resource officers, student screening mechanisms, behavioral changes of the subjects, the subject’s expected outcomes, injuries or fatalities, demands and deadlines, captive escapes and releases, weapons, incident resolution, tactical team response, and negotiations. Results pertain to incident demographics, prevention/mitigation, and response.     

Spanish legislation against trafficking in human beings: punitive excess and poor victims assistance

The article seeks to provide a perspective of human trafficking as one of the fastest growing criminal activities of the last few years in the area of organised crime and one that affects human beings’ most basic rights. In the main, the response to the problem has been its criminal prosecution, but without tackling the issues of need that underlie this conduct and which the traffickers take advantage of to abuse, assail and exploit the people they traffic. In this context, the evolution of Spanish legislation in terms of the criminalisation of this problem has made it one of the most repressive, although there is no clear evidence of its effectiveness. This punishment, which covers a wide range of criminal conducts, has not however been accompanied by any policies to support and integrate the victims of trafficking, which has led to a large number of victims being subjected to slavery who, in the majority of cases, fall under the control of the trafficking networks again.     

The Effect of Retention Interval on the Confidence–Accuracy Relationship for Eyewitness Identification

Recent research using a calibration approach indicates that eyewitness confidence assessments obtained immediately after a positive identification decision provide a useful guide as to the likely accuracy of the identification. This study extended research on the boundary conditions of the confidence–accuracy (CA) relationship by varying the retention interval between encoding and identification test. Participants (N = 1,063) viewed one of five different targets in a community setting and attempted an identification from an 8-person target-present or -absent lineup either immediately or several weeks later. Compared to the immediate condition, the delay condition produced greater overconfidence and lower diagnosticity. However, for choosers at both retention intervals there was a meaningful CA relationship and diagnosticity was much stronger at high than low confidence levels.     

Counterfeiting as corporate externality: intellectual property crime and global insecurity

Corporate negative externalities occur when corporations place some of the costs of their profit-seeking activity onto society. This paper suggests that the current global problem of intellectual property crime is such an externality, and that it has not been recognised as such because corporations present product counterfeiting and piracy as crimes which reduce their revenue, rather than as predictable side effects of corporate production and merchandising, including branding activity, which have considerable socially deleterious consequences. It is argued that corporate actors are responsible for the socially harmful effects of the global counterfeiting problem in the following respects. Branding, advertising, and other corporate activities drive the market for goods which have a fashion value over and above their use value. While corporations ‘create’ this desire, they cannot prevent it being applied to the desire for fake or replica goods. Outsourcing of corporate production activities to developing countries to take advantage of cheap manufacturing and labour costs presents considerable opportunities to producers in those countries to copy and distribute the goods in an unauthorised way. Serious measures are not taken against product counterfeiters by rights-holding corporations, since market expediency dictates that the costs of counterfeiting are not so adverse to corporations to incentivise them to change their business methods. Counterfeit and pirated goods cause a range of social harms above and beyond the spuriously-costed financial damage corporate rights-holders suggest they suffer - these include the health and safety issues created by some fake goods, and the creation and maintenance of highly profitable organised crime activity in international markets for fake goods.     

Environmental implications of trade liberalization on North American transport services: the case of the trucking sector

The paper offers an assessment of the environmental impact of trade liberalization on the cross-border trucking sector in North America. Specific policies in the realm of transportation, environment and trade are investigated with data directly related to the time of implementation that varied across ports on each of the two international borders in North America subsequent to the North American Free Trade Agreement (NAFTA). The data on truck flows, wait times, air quality and trade value are analyzed using econometrics for quantitative analysis. Results show various policies do have a positive impact on reducing air emissions through changes in trucking characteristics (technology, patterns) in particular ports where they have been implemented.     

Assessing the Relative Importance of the Child Sexual Abuse Interview Protocol Items to Assist Child Victims in Abuse Disclosure

This study identifies (1) the importance of using the Child Sexual Abuse Interview Protocol for multiple disciplines to obtain detailed information of what the alleged child victims say and claim, and (2) the concurrence of multiple professionals about the relevance of items in the protocol in their practice. A survey with 100 items based on the Child Sexual Abuse Interview Protocol was self administered by 36 professionals working at a child advocacy center including administrators, attorneys, child advocates, support persons, physicians, police, psychologists, and social workers. These respondents unanimously felt it was very important for interviewers to complete two specific items during the course of an investigative interview: “showing the interviewer is listening to the child” and “showing patience with the child.” As indicated by the average rating scores, 89 items were perceived between very important and important, and nine items as somewhat important. No item on this scale was rated as doesn’t matter or unimportant. Social workers and police officers did not differ significantly in their ratings of the importance of these items. Both quantitative and qualitative results support four major considerations when using an interview guide: 1) flexibility in opening and closing the interview, 2) professional and appropriate use of the anatomical dolls, 3) assessment of the age and mental state of the child, and 4) determination of the order of questions based on severity of incidents. This study provides data to identify the importance of using a comprehensive interview protocol for multidisciplinary professionals who work with alleged victims of child sexual abuse. The use of these 100 items will enhance the effectiveness of conducting a one-time interview to avoid repeated interviews. This study that was originally aimed at comparing differences among professionals has, in fact, demonstrated the similarities across disciplines, as agreement among various professional groups was substantial. This finding dissolves the myth that multiple disciplines brought forth diverse opinions and instead encourages the “working together” concept of a team.