Toward Normalization of Defamation Law: The U.K. Defamation Act of 2013 and the U.S. SPEECH Act of 2010 as Responses to the Issue of Libel Tourism

In the wake of several high-profile libel actions brought by U.S. celebrities and foreign businessmen in London because of more favorable defamation laws there, London was dubbed the “libel tourism capital of the world.” The U.S. response in 2010 was the passage of the SPEECH Act, preventing courts from enforcing libel judgments from foreign jurisdictions not providing the same level of protection as the United States. Similarly, in 2013 the United Kingdom responded to international and national criticism by passing the Defamation Act to address the loophole in its system that caused the abuse. Both acts have been criticized, the first for its aggressiveness, and the second for its conservative nature. This article examines the development of the law of defamation in the two jurisdictions and analyzes the content of both statutes, along with their criticisms, proposing international cooperation to address the issue of libel tourism.     

Social Policy and Sexual Offenders: Contrasting United States' and European Policies

This article contrasts US and European social policies with regard to sexual offending. The three waves of social policy which are discernible in the United States' history (sexual psychopath laws, the focus on the domestic sex crimes under the influence of feminism, and a renewed attention towards sexual predators) are first described. The most significant policy trend at present concerning sex offences focuses on government controls after release. The broad overview of European countries' solutions to the same problems, concentrates on the contrasts and similarities between Europe and the United States. At present, the United States and parts of Europe are both focused on ways to increase public protection from sex offenders, particularly in ways outside the context of the criminal law. The harm caused by sex offences, in combination with the persistent nature of some patterns of sex offending, has caused citizens and governments to push for specialised remedies and powers.     

Adult-perpetrated animal abuse: development of a proclivity scale

There is a clear discrepancy in the reporting of animal cruelty complaints, prosecutions, and convictions suggesting that any prevalence figures of abuse are significant under-representations. Therefore, it can be inferred that there is a large number of animal abusers who are unapprehended. Currently there is no validated tool that assesses the proclivity or propensity to engage in animal abuse amongst members of the general public. Such a tool would enable researchers to study individuals who may think like animal abusers or may be unapprehended offenders themselves. This paper presents the newly developed Animal Abuse Proclivity Scale (AAPS) and some preliminary findings. The results from our two studies show that: (1) the psychometric properties of the AAPS indicate that the scale is a highly reliable measure; (2) the AAPS relates to measures assessing offence-supportive attitudes and reflects the gender differences seen in the literature; and (3) the AAPS demonstrates cross-national validity. These findings support that the AAPS, similar to other offending proclivity measures, is a tool that can be used to examine the factors most related to animal abuse propensity. We discuss how the AAPS can contribute to future developments in theory and practice in the field.     

“DAGGERING” AND THE REGULATION OF QUESTIONABLE BROADCAST MEDIA CONTENT IN JAMAICA

In 2008, a new style in Jamaican dancehall music and dance culture known as “Daggering” emerged. Daggering music and dancing, which included lyrics that graphically referred to sexual activities and a dance which has been described as “dry sex” on the dance floor, took Jamaica by storm. Unlike other dancehall traditions, however, Daggering went so main stream that both television and radio stations were airing audio and video recorded versions of the songs. The Broadcasting Commission of Jamaica was forced, because of the public controversy that evolved, to crack down on broadcasting and cable stations preventing them from playing any Daggering content. This article focuses on the subsequent clash between the government and the dancehall, and seeks to identify an appropriate method for monitoring and enforcing these new standards.     

Psychosocial influences that motivate young offenders to engage in a non-custodial community intervention

Offender programmes do not fully consider how psychosocial factors influence individual engagement within interventions. While factors associated with offending behaviour are well-known, their influence on motivational engagement is not clear. The present study of 109 adolescent offenders in a non-custodial community intervention explored the influence of aggression, antisocial behaviour in the community, problematic and disruptive behaviour in school, and parental bonding and self-esteem on reported motivation to engage with a non-custodial intervention. Regression and correlational analysis revealed relationships between these variables and four subtypes of motivation (i.e. intrinsic and extrinsic motivation, identified regulation and amotivation), although results in respect of self-esteem were mixed. The findings highlight the multidimensional and complex nature of motivation, and support the need to internalise extrinsic motivations through the promotion of self-autonomy and competence within intervention programmes in order to maximise engagement.     

Post-release controls for sex offenders in the U.S. and UK

In recent years, both the United States and United Kingdom have developed numerous innovations in legal efforts to protect society from sex offenders. Each country has adopted special provisions for sex offenders. In particular, governments have focused on forms of social control after release from incarceration and probation. These policy innovations for this category of offenders have been more far reaching than those for any other offender population. The two jurisdictions have adopted policies with similar goals, but the selected strategies have important differences. Generally speaking, the U.S. has favored an ever-expanding set of policies that place sex offenders into broad categories, with few opportunities that distinguish the appropriate responses for individual offenders. The UK government observed the proliferation of Megan's Laws¹ in the U.S., and deliberately chose to establish carefully controlled releases of information, primarily relying on governmental agencies to work in multi-disciplinary groups and make case-specific decisions about individual offenders. Although the UK policy leaders expressed significant concern that the public's response to knowing about identified sex offenders living in the community would result in vigilantism, to date the results have not borne out this fear. Both governments have turned to other crime control measures such as polygraphy testing, electronic monitoring, and civil protection orders as a means to prevent further sexual violence.