Historicising Criminalisation: Conceptual and Empirical Issues

This paper charts a renaissance in scholarly analysis of criminalisation, and suggests that we do not have the conceptual tools or empirical knowledge to make the claims about 'overcriminalisation' which motivate much of this scholarship. My argument gives further shape to projects under the umbrella of criminalisation, setting out some of the conceptual issues to be resolved before we can work towards an adequate interpretive, and normative, vision of how criminal law has been and might be used. The paper elaborates a number of projects in 'criminalisation scholarship', and suggests there is a failure adequately to distinguish the different senses of 'criminalisation' in the literature, or the varying methods which might be applied within historical, interpretive, analytic and normative studies of criminalisation. In conclusion, the paper argues for a certain genre of criminalisation scholarship, and for a multi-disciplinary criminalisation research agenda informed by history, sociology and political science as much as by law, criminology and philosophy.     

Co-occurring psychiatric and substance use disorders among male detainees in Italy

This paper presents data on the prevalence of co-occurring substance use and psychiatric disorders among newly imprisoned males in Italy. Interviewers conducted semi-structured clinical interviews with n = 302 male detainees seven days after their admission to the prison of Perugia from August 2005 through July 2006. Over half of male detainees (54.3%) had either a substance use disorder or another psychiatric disorder. One of every five detainees (20.9%) had comorbid substance use and psychiatric disorders. Compared to detainees with psychiatric disorder only, substance use disorder only, or no disorder, detainees with comorbid substance use and psychiatric disorders were significantly more likely to have severe impairment in the areas of employment, substance abuse, family and social functioning, and psychiatric symptoms. Findings underscore the need for careful diagnostic screening at intake, access to treatment during detention, and an effective transition to services at the time of release.     

Witness to Rape: The Limits and Potential of International War Crimes Trials for Victims of Wartime Sexual Violence

¹Despite the proliferation of trauma and memory research inrecent years, we know very little about the contribution oftransitional justice mechanisms to psychological healing andsocietal reconciliation in the aftermath of genocide, armedconflict and politicized violence. Many scholars in this areahave argued that the disclosure of traumatic experiences isbeneficial to the psychological recovery process for survivorsof gross human rights violations. This article critically examinesthis therapeutic assumption within a transitional justice paradigm.The article explores the potentials and limitations of internationalwar crimes trials for victims of wartime sexual violence, focusingspecifically on the International Criminal Tribunal for theformer Yugoslavia (ICTY). The article provides a theoreticalframework for analyzing the significance of testimony at internationalwar crimes trials and raises some critical questions relatedto the psychological impact of trials. It is argued that dueto the sheer diversity and heterogeneity of wartime rape victims,the experience of giving testimony is likely to be mixed: whilesome victims may suffer under the constraints of legal process,under the right circumstances, war crimes trials may help othersto make sense of their suffering.     

Ideology and the Economy: Capital Issues Controls,Inflation and the Menzies Government, 1950–51

The Defence Preparations Act 1951 was conceived as a solution to an ideological as much as the constitutional dilemma the Menzies government faced as a result of the inflationary crisis of 1950–51. Drawing on Cabinet Notebooks, we argue that the government used the Act to facilitate peacetime access to capital issues controls under the defence powers, but also to reassure its supporters and the public that turning to direct economic controls was not a vindication of the “socialism” it promised on election to stand against. While the Act enabled the government to convince the High Court that imposing anti‐inflationary controls was linked to defence preparations, it was also a way for it to maintain ideological coherence as it sought to breach a principal tenet of its political philosophy.     

Lost Horizons: Rereading and Reclaiming Victorian Women Writers

"The girls of today cannot see themselves in Miss Yonge and that is their chief demand from literature" -Edith Sichel, Monthly Review, May 1901 The depths to which the reputation of popular conservative Victorian novelist, Charlotte Yonge, had sunk by the end of the nineteenth century are reflected in Oscar Wilde's reaction to being told a condemned man was reading one of Yonge's novels: "My heart was turned by the eyes of the doomed man, but if he reads The Heir of Redclyffe it's perhaps as well to let the law take its course" (Ellman 202).     

Risk assessment in offenders with mental disorders: relative efficacy of personal demographic, criminal history, and clinical variables

Following the meta-analysis by Bonta, Law, and Hanson, (1998) this study examined the ability of personal demographic, criminal history, and clinical variables to predict reoffending in offenders in the United Kingdom who had mental disorders. The efficacy of each variable in predicting rate of general reoffending and violent reoffending was investigated. Age on admission, number of days hospitalized, and number of previous offenses were the most effective variables in predicting re-offending, with number of previous offenses being the strongest predictor. Clinical diagnosis was not predictive of reoffending when the variance attributable to these other predictors was controlled for. None of the variables were able to discriminate between general offenders and violent offenders indicating that the same variables predict both types of reoffending. The results showed that reconviction in offenders with mental disorders can be predicted using the same criminogenic variables that are predictive in offenders without mental disorders.