Stateless Crimes,Legitimacy, and International Criminal Law: The Case of Organ Trafficking

Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions of genocide or crimes against humanity. Although the United States Code characterizes trafficking as “a transnational crime with national implications,” (22 U.S.C. § 7101(b)(24) (2010)), trafficking is rarely prosecuted in domestic courts. It has thus functioned in practice largely as what might be judged a “stateless” offense, out of the purview of both international and national courts. Yet these forms of organ trafficking remain widespread—and devastating to those who are its victims. In this article, we begin by describing what is known about the extent of organ trafficking and trafficking in persons for the purpose of removal of organs. We then critically evaluate how and why such trafficking has remained largely unaddressed by both international and domestic criminal law regimes. This state of affairs, we argue, presents a missed chance for developing the legitimacy of international criminal law and an illustration of how far current international legal institutions remain from ideal justice.     

The Stable Isotope Ratios of Marijuana. II. Strontium Isotopes Relate to Geographic Origin

Abstract:  Effectively addressing marijuana trade is aided by understanding marijuana geographic sources. We analyzed the ⁸⁷Sr/⁸⁶Sr of marijuana samples grown in 79 counties across the United States to determine if a primary geologic signal is retained in marijuana, which could therefore be useful for geographic sourcing. The marijuana results were compared with modeled bedrock ⁸⁷Sr/⁸⁶Sr values based on ⁸⁷Rb decay rates and a generalized geologic map of the U.S.A. A significant correlation was observed between marijuana ⁸⁷Sr/⁸⁶Sr and modeled bedrock ⁸⁷Sr/⁸⁶Sr. Although values clustered near the 1:1 relationship, there was a predominance of positive anomalies, perhaps attributable to carbonate bedrock. A small number of negative anomalies were also observed, which were generally associated with granitic bedrocks. These results suggest that strontium isotopes in marijuana record the geographic origins of marijuana, and that refinement of the base strontium map (or strontium isoscape) and improved understanding of other strontium sources would be productive.     

A comparative analysis of trade and economic integration in East Asia and Latin America

This paper provides an analysis of the two channels of regional integration: integration via markets and integration via agreements. Given that East Asia and Latin America are two fertile regions where both forms of integrations have taken place, we examine the experiences of these two areas to illustrate our conclusions. There are three related results. First, East Asia has been integrating via the markets long before formal agreements have been in vogue in the region. Latin America, on the other hand, has primarily been using formal regional trade treaties as the main channel of integration. Second, despite the relative lack of formal regional trade treaties until recently, East Asia is more integrated among itself than Latin America. Third, from a purely economic and trade standpoint, the proper sequence of integrations seems to be first integrating via the markets and subsequently via formal regional trade agreements. One interpretation of the relative success of the East Asian approach is that regional trade agreements often serve multiple constituents. Integrating via markets first can be helpful because this can give a stronger political bargaining power to the outward-looking economic-oriented forces within the country.     

The Battlefield Behind Bars: How Mental Disorder and Suicidal Behavior Impacts the Prison Experience for Veterans

American Journal of Criminal Justice - Military veteran status has been associated with a variety of criminal justice outcomes as well as higher rates of mental illness and suicide when compared to...     

A reflection on the priorities of a data protection authority

Eric Howe, the first Data Protection Registrar, was setting up his Office about the same time as the first appearance in 1985 of this journal, whose distinguished editor Professor Saxby is now retiring. That is this author's excuse for looking back to the early years of United Kingdom data protection and reflecting on what a data protection authority is actually for. As this article hopes to make clear, using the early United Kingdom experience as an example, Data Protection Authorities are faced with an unclear role running the risk of creating false expectations among the general public. The author concludes that representations to government are often minimally effective and that with the limited resources available a DPA should give priority to encouraging compliance by data controllers and assisting individuals with a complaints resolution service.     

Service Use and Needs Among Female Survivors of Intimate Partner Violence Attending Community College

Community college (CC) students make up 45% of American undergraduates, but little is known about their experiences of intimate partner violence (IPV), or accompanying service use and needs. The current study used a sequential confirmatory mixed methods design among a simple random sample of female CC students (n?=?435), of whom 112 have experienced IPV in the past 12 months. Of these IPV survivors, 20 participated in qualitative follow-up interviews. The study assess use and perceived usefulness of college and community based resources, extent of social support, and perceived need for and barriers to service access. Campus based resources were rated as more useful than community based resources. Faculty were identified as important supports for survivors. Those experiencing IPV reported lower rates of social support compared to other students. A range of supports and services were endorsed as possibly useful by survivors. Survivors need services to address life generated risks that compound barriers to college completion created by abuse. CC survivors often balance work and parenting with education, and may benefit from different services than survivors in other educational settings.     

Sources of judicial attitudes toward criminal sanctioning

Through a 1979 survey of 89 Illinois judges, the present study attempts to assess how various social, political, and occupational factors influence judicial attitudes toward criminal sanctioning. Specifically, our analysis examined the relative impact of background characteristics (e.g. age, community context) versus occupational variables (e.g., years on the bench, former prosecutor and/or defense attorney) on five sanctioning scales: rehabilitation, punishment, capital punishment, punishing white-collar offenders, and the treatment of juvenile delinquents. The analysis revealed that political orientation was the most important variable examined. Political ideology was found to be related to all but one of the sanctioning scales (punishing white-collar offenders). In contrast, the social and occupational variables generally were not significantly related to judicial attitudes on the purposes of sentencing.