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.     

What really is effective in interviews with suspects? A study comparing interviewing skills against interviewing outcomes

Purpose. The present study examines whether interviewing in a manner that is compatible with a recommended model of interviewing (called the ‘PEACE’ model) impacts on outcomes of the interviews examined in contrast to prior studies which have usually been concerned whether the conducted interviews were fair and not coercive or whether there had been positive effects of training upon subsequent interview performance. Methods. This study, examining in detail 142 actual suspect interviews, is set in the barely researched area of social security benefit fraud, reflecting current trends in Britain concerning increasing numbers of interviews with suspects undertaken by public sector organizations and the pluralization of policing. Results. It was found that good interviewing in each of the recommended stages that make up the PEACE model generally led to better interviews, indicating the importance that each stage contributes to overall interview quality. Further, the quality of interviews was compared against a range of interview outcomes and it was found that skilled PEACE interviewing was associated with the securing of full accounts, including confessions. Conclusion. Given the few examples of skilled interviewing found in the study it is argued that further training of investigators is necessary to improve both interviewing performance and organizational outcomes.     

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.     

Marie Corelli's British new woman: A threat to empire?

At the height of the British Empire, England was in the midst of major social, economic and moral upheaval. The roles and status of middle-class women were particularly affected by many of these changes. In turn, as the gap between idealism and ‘reality’ grew, the validity or usefulness of Victorian notions or ideals of womanhood increasingly came under attack. Arising from this commotion was the figure of the late Victorian and Edwardian ‘New Woman.’ Her appearance provoked further confusion and ambiguity about gender that had repercussions for empire. This paper addresses the way in which the role of English women in sustaining the British Empire intensified the social pressures on them in the metropole. It examines the threat to nation and empire represented by the New Woman by looking at how she was presented to the rapidly growing general reading public at the end of the nineteenth- and beginning of the twentieth century. This is achieved by looking at the bestselling novels of Marie Corelli, a phenomenally popular turn-of-the-century author. Corelli's novels repeatedly affirm that the New Woman represented the threat of ‘modernity,’ that she was a danger to ‘civilisation’ and therefore to British imperialism.     

An Analysis of Advertisements: A Lens for Viewing the Social Exclusion of Women in Police Imagery

This study examines whether there are differential relationships among trauma exposure, familial risk and protective factors, substance abuse, and posttraumatic stress disorder (PTSD) among incarcerated and non-incarcerated women. A case-control method was used to match 100 incarcerated women with 100 women in the general population. Incarcerated women had a significantly higher risk of trauma exposure as compared with controls, with odds ranging from 1.7 to 3.7. When group was controlled, exposure to sexual or physical trauma significantly increased the odds of PTSD (odds ratio = 5.0; p < .05), as did substance use in response to traumatic distress (odds ratio = 8.9; p < .001). Family-related characteristics did not appear to moderate this relationship. The findings suggest that incarcerated women are at high risk for PTSD given their high rates of trauma exposure and apparent lack of appropriate coping mechanisms; the results support the use of trauma-specific interventions for this population.