Terrorism and Human Rights: A Defence Lawyer's Perspective

ABSTRACT

The author of this article is one of the attorneys appointed to represent Zacarias Moussaoui in the United States. Mr. Moussaoui is the only person facing criminal charges for alleged involvement in the September 11 plot. The author describes the system of government in the United States with a specific emphasis on several terrorism cases pending in the United States. He seeks to assure the readers that the rule of law is paramount in the United States. Recent decisions of the Supreme Court—in the Hamdi and Guantanamo cases—that confirm the constitutional rights of even the most dedicated enemies of the United States, which decisions post-date this submission, only affirm the writer's theme.     

DIRECT PARENTAL CONTROLS AND DELINQUENCY*

Until recently, “direct controls” by parents have been summarily dismissed by delinquency researchers as theoretically and empirically unimportant. Although prior research indicates that various measures of direct parental controls (e.g., the amount of time spent interacting with parents) are related to delinquency, the correlations are uniformly weak and often not significant. However, when the term “direct control” is reconceptualized to include specific components—normative regulation, monitoring, and punishment—the results indicate that direct controls by parents have as great an impact on delinquency as that of “direct controls” or parental “attachments.” Further, the results suggest that the form of the relation between direct controls and delinquency is not simple, direct, and linear. Depending on which specific component of direct control is examined, its relationship to delinquency may be either linear or nonlinear, positive or inverse.     

Detention Short of Arrest For Questioning in England: An Update

This research sampled 163 nations of the world to determine the use and non-use of capital punishment for 1980–85. The first conclusion was that the majority of the nations do have a legal device to administer capital punishment (77% with Yes; N = 126). The 22 nations who executed averaged 4.2 executions, per year. When the other nations are factored in, the average is 1.57 “official executions” per year (N = 163). Many nations have the legal device to execute, but few do. The top nations reporting were South Africa with 111, and Mauritius with 25 (per year 1980–85).

The average age for execution for the 42 reporting nations was 18. The United States of America was the only nation reporting for less than 16 years old. The following “methods of execution” were reported:

1.

Hanging (N = 26, 57%)

2.

Shooting (N = 11, 24%)

3.

Beheading (N = 7, 15%)

Nations also excluded from the death penalty for the following reasons:

1.

Mental Illness

2.

Juveniles

3.

Pregnant Woman

Only 7 nations reported “open” or “public” executions.     

The Enemies of Promise: Labour's Long War against Education

Labour and New Labour alike have been the enemies of education. Consider the brutalism of Charles Clarke—‘history for display purposes only’; statistics of achievement based on the soft marking of soft subjects to achieve soviet pig‐iron statistics; fat inspection and thin curriculum; compulsory lesson plans and paper plagues; foreign languages as too difficult. Before all that, remember Anthony Crosland ‘destroying their schools if it's the last fucking thing I do’ and the consequent rise of the public schools as bought excellence. What to do : Follow Housman's dictum, ‘Knowledge is happiness’; rescue good minds in bad places with state places in boarding schools; utilise the quiz nationally the as a pop method to stimulate the study habit; get back to French and German; take the educationalism out of education especially in training colleges; thin inspection down from terror to weather‐eye mentoring.     

The Name of the Rose

Party names have been collected since ‘Whig’ and ‘Tory’ meant ‘Scotch rebel’ and ‘Irish bandit’. ‘Conservative’ began as a catch‐all on the right when one did not use the word ‘right’ in politics, struggled with ‘Unionist’ until Ireland got away and was a euphemism for ‘Tory’ before the Americans used it to describe howling extremists. ‘Labour’ meant skilled men in best suits and school teachers with elbow patches, and now has the resonance of Nineveh and Tyre.     

CRACKS IN THE PENAL HARM MOVEMENT: EVIDENCE FROM THE FIELD*

Research Summary For more than three decades, the penal harm movement, which involves “get tough” ideology and policies, has held sway over U.S. corrections. Scholars have justifiably detailed and decried this movement, but in so doing, they have also inadvertently contributed to the view that a punitive worldview is hegemonic. In contrast, we detail four major “cracks” in the penal harm movement's dominance: the persistence of rehabilitative public attitudes, the emergence of second thoughts about the wisdom of harsh sanctions, the implementation of progressive programs, and the increasing legitimacy of the principles of effective intervention for guiding correctional practices. Policy Implications Taken together, these “cracks” comprise evidence that ideological space and political will exist to fight the penal harm movement and to map out a more efficacious and progressive response to crime. Because of the persistence of social welfare sentiments and growing challenges to the legitimacy of “get tough” policies, the potential to continue, if not expand, this countermovement is present. Taking advantage of this opportunity, however, will require forfeiting the belief that there is no escape from a punitive future and undertaking systematic efforts to devise correctional strategies that are based on solid science, improve offenders' lives, and protect public safety.