The emerging EU peacebuilding framework: confirming or transcending liberal peacebuilding?

The European Union (EU) is now emerging as a major actor in regional and global peacebuilding. Yet its peacebuilding approach and practices are subject to some significant and familiar contradictions. In this article, we identify the basis for what may become an ‘EU peacebuilding framework’ (EUPF), and argue that, while it aspires to a ‘just and durable peace’ including practical tools and a normative framework, these need to be set in critical relief. The EU's nascent approach to building peace is compared and contrasted with the evolving liberal peacebuilding consensus and the much criticized statebuilding project which has recently emerged. This is evaluated against recent research focusing on developing a more sophisticated form of contextually relevant peacebuilding. Finally, we assess how the embryonic EUPF might contribute to the development of a just and durable peace, and ask what sorts of issues and dimensions this raises.     

Expert evidence and medical manslaughter: vagueness in action

This article examines the reliance placed on expert evidence in prosecutions of health professionals for gross negligence manslaughter, where juries must decide whether conduct goes beyond civil negligence and constitutes the crime of involuntary manslaughter. It argues that the test for liability is vague and examines some of the consequences of this. Given the vagueness of the offence, jurors are likely to place great reliance on expert medical evidence. Little is known about how experts negotiate the legal process, empirically speaking: how they approach their task, how they view their role as expert witnesses, and the attitudes, biases, and beliefs that may underpin their testimony. Drawing on the experiences and perceptions often medical experts, this article explores how experts manage the vagueness inherent in the task of interpreting and applying gross negligence. Experts appear to go beyond offering purely medical opinion and enjoy engaging with law and the legal process.     

Shedding the blanket of immunity: a commentary on the global principle of ending impunity,realpolitik, and legal precedent

Over the course of the past two decades, there have been attempts by governments and the international political community to limit the scope of immunity granted to heads of states. Nevertheless in recent years we have witnessed former heads of state being brought to justice through ad hoc international criminal tribunals and the permanent International Criminal Court. Yet, head of state immunity remains one of the leading points of contention in international law. The issue is further compounded with the multiplicity of national systems that fall short of their duty to prosecute foreign heads of state if they have committed heinous crimes, those considered jus cogens which constitute peremptory norms. As such, there is a need to examine immunity from prosecution by another state separately from immunity from an international tribunal and/or court. This is especially the case given the problems of initiating ad hoc tribunals and the limited abilities of the ICC, highlighting the need to ensure cooperation of states’ willingness and ability to prosecute. In doing so, I draw from the infamous case of former President of Chile, Augusto Pinochet, and subsequent attempts by national systems to hold accountable foreign heads of state. I conclude by suggesting that the optimism for ending impunity is not only premature, but misguided given the realpolitik surrounding national progression for ending head of state immunity and ensuring their legal obligations to prosecute.     

Exploitation of the Ultraviolet Properties and Machine Cut Edges of Paper to Associate and Sequence Sheets in a Ream

Previously unreported line patterns visible under ultraviolet light were observed on a proportion of plain white A4 printer/copier paper from different manufacturers. These Ultraviolet Line Patterns (UVLPs) usually appear as stripes down the vertical length of the paper. Typically, the UVLPs were found to “repeat” through the ream in a predictable way, while also changing. It is postulated that the repeating nature of the UVLPs is a result of the way that paper is manufactured. This leads to the ability to sequence the sheets compared to their original source paper. Even in the absence of UVLPs, it is possible to use our observation of the manufacturing process to anticipate the order of several sheets of paper and conclusively associate them, in some cases, by physically fitting their machine cut edges and crossing paper fibers. Such a novel approach to examining questioned documents would be highly useful in forensic casework.     

Mortuuspolitics: politicization of the dead,capitalism, and inequality

Capitalism has led to the appropriation of oppressed groups, their experiences and narratives. We believe this includes narratives and given value of the dead where there remains a continuation of inequalities of life unto death and being dead. Specifically, we suggest that the discrepancy of the value of the dead is the result of the links between power, politics, and hegemonic discourse embedded in neoliberalism that propagate and reify unequal power edifices that value some groups over others, in life and death, what we refer to as mortuuspolitics. The State, entrenched within the capitalistic neoliberal definition of value, also decides on the value or non-value of the dead.     

Is overpunishment fairer than underpunishment? Perceptions of deviations from equity

Abstract

Three studies are presented which test hypotheses derived from Equity Theory, Prospect Theory and the principle of Diminishing Marginal Value with regard to preferences for overpunishment and underpunishment in the assignment of penalties to offences of varying severity. The first two studies showed that, with different subject samples, offences, and kinds of punishments, subjects indicated a marked preference for over-punishment rather than underpunishment, when both over punishment and under-punishment deviated from ideal, or equitable, punishment to the same degree. However, the effect was only apparent for serious offences. A third study showed that the overpunishment preference for a serious offence existed even when the overpunishment deviated 30% more from ideal punishment than underpunishment, but again no preference was shown' for the less serious offence. As the results cannot be readily explained in terms of any of the three explanatory principles, a possible explanation in terms of concept of negative reciprocity is advanced.     

Teaching Criminological Theory: The Power of Film and Music

Interest in utilizing pop culture as a means of teaching and enhancing students’ understanding of complex or abstract ideas in the classroom has increased over the course of the past decade. This includes the use of film, television, fiction books, the internet, and music. The fields of criminology and criminal justice have also increasingly noted the value of using such means to teach about atrocities such as state crime, transnational crime and corporate crimes as well as issues of inequality, racism, and classism. Film, music and television can also be great tools to enhance the understanding of and ability to apply criminological theory. Most articles that have focused on incorporating the use of a ‘popular criminology’ within the classroom, however, have concentrated on one form or another of ‘pop culture’ (i.e., film). This article seeks to add to the existing literature by providing an example of how the use of film combined with music can not only enhance undergraduate criminology and criminal justice students’ ability to grasp criminological theory and apply it in their everyday lives, but also can be utilized as tools for exams.     

Young adult sexual offenders with emerging personality disorders: developmental and offence-related characteristics and treatment engagement

ABSTRACT

In the context of the UK Government’s Offender Personality Disorder (OPD) Strategy, large numbers of high-risk young adult sexual offenders with emerging personality disorders are being screened for inclusion onto specialist intervention pathways (the OPD Pathway). However, little is currently known about the clinical and offence-related needs of this population or their impact on treatment engagement. The current study investigated the developmental, personality and offence-related characteristics of 87 incarcerated young adult sexual offenders, comparing those screened in to the pathway and those not screened in. Fifty per cent of the sample were potentially eligible for the OPD pathway. OPD eligible cases were found to have significantly higher rates of parental difficulties, developmental trauma, and childhood behavioural difficulties and to present with significantly higher rates of previous violent and sexual offences, previous allegations of sexual offences, and to have used physical coercion in their offences. The OPD sample was also significantly less likely to have pre-pubescent victims and more likely to refuse treatment, with over 70% failing to engage with the Sex Offender Treatment Programme (SOTP). SOTP non-engagement among OPD cases was most strongly predicted by categorical offence denial. Comparisons are made with the broader adolescent sexual offender literature.