A Retributive Argument Against Punishment

This paper proposes a retributive argument against punishment, where punishment is understood as going beyond condemnation or censure, and requiring hard treatment. The argument sets out to show that punishment cannot be justified. The argument does not target any particular attempts to justify punishment, retributive or otherwise. Clearly, however, if it succeeds, all such attempts fail. No argument for punishment is immune from the argument against punishment proposed here. The argument does not purport to be an argument only against retributive justifications of punishment, and so leave open the possibility of a sound non-retributive justification of punishment. Punishment cannot be justified, the paper argues, because it cannot be demonstrated that any punishment, no matter how minimal, is not a disproportionate retributive response to criminal wrongdoing. If we are to hold onto proportionality—that is, proportionality as setting a limit to morally permissible punishment—then punishment is morally impermissible. The argument is a retributive argument against punishment insofar as a just retributive response to wrongdoing must be proportionate to the wrongdoing. The argument, that is, is concerned with proportionality as a retributive requirement. The argument against punishment is set out on the basis of a familiar version of the ‘anchoring problem’, according to which it is the problem of determining the most severe punishment to anchor or ground the punishment scale. To meet the possible criticism that we have chosen a version of the anchoring problem particularly favourable to our argument, various alternative statements of the anchoring problem are considered. Considering such statements also provides a more rounded view of the anchoring problem. One such alternative holds that the punishment scale must be anchored not just in the most severe punishment, but in the least severe punishment as well. Other alternatives hold that it is necessary and sufficient to anchor the punishment scale in any two punishments, neither of which needs to be the most or least severe punishment. A further suggestion is that one anchoring point anywhere along the punishment scale is sufficient, because it is possible to ‘project’ from such a point, so as to determine the correlative punishments for all other crimes, and so derive a complete punishment scale. Finally, the suggestion is considered that one can approach the issue of a punishment scale ‘holistically’, denying any distinction between anchoring and derived (or ‘projected’) punishments.     

The scourge of opiates: The illicit narcotics trade in the Islamic Republic of Iran

This study seeks to provide an overview of drug trafficking in Iran, particularly as it relates to the Iran–Afghan and Iran–Pakistan border regions. Data were obtained from a systematic review of the academic literature and from open sources, including media reports and official documents. The Iranian government is credited with dedicating substantial resources to combating the drug trafficking. Despite these efforts, Iran continues to be the most significant transit country for opium and heroin from Afghanistan. Several factors are identified that help to explain why Iran, despite its efforts, continues to play a central role in the international drug trade.     

Nanotechnology and the US national innovation system: continuity and change

A substantial literature on nanotechnology innovation and commercial development has characterized several elements of these phenomena as constituting new developments in the US national innovation system. Among these elements are the (asserted) “post-academic” nature of US universities’ involvement with nanotechnology R&D, and federal funding of nanotechnology R&D on goals related to economic competitiveness. This paper challenges the “novelty” of these elements, while suggesting that other elements of nanotechnology R&D, including the extensive patenting of the results of nanotechnology-related research and the emphasis within many university-industry collaborations on patent-based channels for “technology transfer,” may indeed be new and raise questions for the long-term efficiency and innovative performance of nanotechnology-related R&D.     

Estimating the probability of local crime clusters: The impact of immediate spatial neighbors

Purpose

To investigate the importance of immediate spatial neighbors when investigating local crime patterns.

Methods

Local indicators of spatial association are used to identify local crime clusters. The classification scheme of these local crime clusters is then modeled in a multinomial logistic regression.

Results

The results show that immediate spatial neighbors are important for understanding local crime patterns. Though (positive) spatial autocorrelation has long been known to be present with crime data, this analysis suggests that negative spatial autocorrelation (if present) has a significantly different implication. Generally speaking, when predicting a local crime cluster type, the immediate spatial neighbors are more important for correct prediction. As such, a low local crime area that is surrounded by high crime areas presents itself as a high crime area in the regression results.

Conclusions

Therefore, efforts to understand the criminal nature of an area must not consider that area in isolation.     

Motives and methods for leaving the gang: Understanding the process of gang desistance

Purpose

This study examined the process of leaving the gang. Gang membership was conceptualized in a life course framework and the motives for why and methods for how one leaves the gang were analyzed.

Methods

Data were gathered from a sample of 84 juvenile arrestees in Arizona, all of whom left their gang. Motives for leaving the gang were organized into factors internal (push) and external (pull) to the gang, while methods for leaving the gang were organized into hostile and non-hostile modes of departure. Motives and methods were cross-classified and their correlates were examined, notably in relation to gang ties—persisting social and emotional attachments to the gang.

Results

Push motives and non-hostile methods were the modal responses for leaving the gang. While it was not uncommon to experience a hostile departure from the gang, most former gang members reported walking away without ritual violence or ceremony. This method was conditional on the motive for departure, however. None of the individuals leaving the gang for pull or external reasons experienced a hostile departure. While gang ties persisted regardless of motive or method, retaining such ties corresponded with serious consequences.

Conclusions

A life course framework is capable of organizing similarities between leaving the gang and desistance from other forms of crime and deviant groups. The process of gang desistance is consistent with asymmetrical causation. Due to limited attention to this process, a typology is introduced as a basis for understanding leaving the gang in relation to desisting from crime.     

Matching consequences to behavior: implications of failing to distinguish between noncompliance and nonresponsivity

Neither punitive nor therapeutic approaches alone are effective at addressing the dual public health and public safety concerns associated with managing criminal behavior perpetrated by people who have psychiatric and substance use disorders. The optimal solution may instead require the integration of both criminal justice supervision and treatment. Using problem-solving courts (PSCs) as a model, we focus on one dimension of this integrated approach, distinguishing between behavior that stems from willful noncompliance with supervision and behavior that results from nonresponsivity to treatment. First, we discuss the public health and public safety consequences of using singular approaches to address the criminal behavior of this population. We then present lessons learned from PSCs that distinguish between noncompliant and nonresponsive behaviors in making treatment and supervision decisions. Finally, we consider how the concepts of nonresponsivity and noncompliance may be extended, via policy, to probation and parole settings as well as mental health and substance abuse treatment services outside the criminal justice setting in order to enhance public health and safety.     

THE FORGOTTEN BONDS: THE ASSESSMENT AND CONTEMPLATION OF SIBLING ATTACHMENT IN DIVORCE AND PARENTAL SEPARATION

Attachment theory is increasingly being considered when contemplating post‐divorce parenting plans. Historically, there has been a strong emphasis on assessing the strength of the parent‐child bond as well as a child's attachment style. Surprisingly little research has focused on sibling bonds and the implications for post‐divorce parenting plans. This article provides an overview of sibling attachment theory, sibling attachment considerations in foster care decisions, and the limited research examining sibling attachment in divorce and parenting schedules. Several key questions are offered for mental health and legal professionals to consider when factoring sibling relations into post‐separation parenting plans.     

Liberal Forms of Governing Australian Indigenous Peoples

This article considers three different historical events from the point of view of their connections to aspects of the history of liberal political reason: the actions of the British in New South Wales in the early nineteenth century in their claim to sovereignty over Indigenous lands; the establishment of Aboriginal missions and subsequent removal of Aboriginal children in the early twentieth century; and the Northern Territory Emergency Response and suspension of the Australian Commonwealth Racial Discrimination Act (1975) early in the twenty‐first century. The aim is to point to gaps between present claims about liberalism and ‘actual existing liberalism’, review the basis for examining accounts of governance deploying ‘authoritarian liberalism’ and ‘race war’ as central concepts, and call into question the Northern Territory campaign as an ‘exceptional’ event.     

Domestic violence and sexual assault service goal priorities

We investigated agency directors' perspectives about how service goals should be prioritized for domestic violence and sexual assault service subtypes, including crisis, legal advocacy, medical advocacy, counseling, support group, and shelter services. A sample of 97 (94% response rate) North Carolina domestic violence and/or sexual assault agency directors completed a survey asking participants to rank the importance of service goals. Overall, participants considered emotional support provision to be a critical service goal priority across all service types. Social support and self-care service strategies were deemed less important. However, prioritization of other service goals varied depending on the service type. Statistically significant differences on service goal prioritization based on key agency characteristics were also examined, and agency characteristics were found to relate to differences in service goal prioritization.