The Impact of Unpunished Hate Crimes: When Derogating the Victim Extends into Derogating the Group

Just world research has shown that observers derogate victims more for their misfortunes if the perpetrator is not harshly punished (Lerner in J Personal Soc Psychol 1(4):355–360, 1980). However, few studies have investigated minority group derogation as a just world preservation strategy after instances of intergroup harm-doing. This study is among the first to demonstrate the derogation of both individual victims and of the victim’s minority group experimentally, using the context of a racist hate crime in Australia. In the present experiment, participants (N = 110) read a news article describing a hate crime against an Aboriginal Australian teenager and were informed that the perpetrator was harshly or leniently punished (secure vs. justice threat condition). Our results show that in the justice threat condition, participants not only derogated the individual Aboriginal Australian victim more after his death, they also expressed greater racism toward the victim’s group. An indirect effect of the justice threat condition on modern racism via individual victim derogation was observed, along with moderating effects of individual differences in belief in a just world. These findings provide support for the alarming hypothesis that racist hate crimes are not only the manifestation of a racist society, but may also bolster racial prejudices if leniently treated. The results highlight the important role of political and judicial authorities, whose response or non-response to a hate crime can exacerbate or ameliorate existing prejudices.     

Protecting digital identity in the cloud: Regulating cross border data disclosure

Widespread use of cloud computing and other off-shore hosting and processing arrangements make regulation of cross border data one of the most significant issues for regulators around the world. Cloud computing has made data storage and access cost effective but it has changed the nature of cross border data. Now data does not have to be stored or processed in another country or transferred across a national border in the traditional sense, to be what we consider to be cross border data. Nevertheless, the notion of physical borders and transfers still pervades thinking on this subject. The European Commission (“EC”) is proposing a new global standard for data transfer to ensure a level of protection for data transferred out of the EU similar to that within the EU. This paper examines the two major international schemes regulating cross-border data, the EU approach and the US approach, and the new EC and US proposals for a global standard. These approaches which are all based on data transfer are contrasted with the new Australian approach which regulates disclosure. The relative merits of the EU, US and Australian approaches are examined in the context of digital identity, rather than just data privacy which is the usual focus, because of the growing significance of digital identity, especially to an individual's ability to be recognized and to transact. The set of information required for transactions which invariably consists of full name, date of birth, gender and a piece of what is referred to as identifying information, has specific functions which transform it from mere information. As is explained in this article, as a set, it literally enables the system to transact. For this reason, it is the most important, and most vulnerable, part of digital identity. Yet while it is deserving of most protection, its significance has been largely under-appreciated. This article considers the issues posed by cross border data regulation in the context of cloud computing, with a focus on transaction identity and the other personal information which make up an individual's digital identity. The author argues that the growing commercial and legal importance of digital identity and its inherent vulnerabilities mandate the need for its more effective protection which is provided by regulation of disclosure, not just transfer.     

Serious Youth Violence and Innovative Prevention: On the Emerging Link Between Public Health and Criminology

It was not so long ago that scholarly writings pointed to the vast chasm that existed between criminal justice and public health approaches to understanding and controlling interpersonal violence. Other scholarship of the day examined how criminal justice and criminology could benefit from adopting elements of the public health approach. For sure, there still exist many differences in how the two disciplines approach the violence problem, but over the years there have been some promising developments at the intersection of public health and criminology. This paper surveys the evolving link between public health and criminology, with a special focus on serious youth violence. It is concerned with both research and practice and how these efforts—across primary, secondary, and tertiary prevention strategies—are contributing to improved public health-criminology collaborations or public health-influenced programs that have a discernable impact on youth violence.     

The death penalty loses its mind: an interview with Professor James Acker

In April 2009 the American Law Institute (ALI) made the decision to withdraw its support for the a section of the Model Penal Code that had been instrumental in shaping contemporary death penalty legislation. The Institute had created the modern legal and criminal justice administration framework for capital punishment as part of its Model Penal Code in 1962. Professor James Acker, one of the leading scholars on the death penalty in the United States, speaks to the import of this decision while providing some historical context for ALI’s involvement in the matter initially.     

Post-Separation Abuse of Women and their Children: Boundary-Setting and Family Court Utilization among Victimized Mothers

Continued abuse of themselves and their children is a concern for many mothers leaving intimate partner violence (IPV) perpetrating husbands. This research examines women’s responses to abuse committed by ex-husbands with whom they had undergone custody disputes. In-depth, qualitative interviews were conducted with 19 mothers who had divorced IPV-perpetrating husbands between 1 and 3 years prior. Participants were located through publicly available family court divorce records and interviews were examined using analytic induction. Women’s strategies to protect themselves and their children from abuse involved setting boundaries to govern their interactions with ex-husbands. Mothers often turned to family court for assistance in setting boundaries to keep children safe, but found that family court did not respond in ways they believed protected their children. Conversely, when women turned to the justice system for restraining orders or called the police for help against IPV, they generally found the justice system responsive.     

An empirical examination of product counterfeiting crime impacting the U.S. military

Counterfeit parts in the U.S. Department of Defense (DOD) supply chain threaten national security by compromising critical military operations and placing the lives of military service members at risk. With the goal of illustrating the nature of the risk as it relates to types of counterfeit parts, how they entered the supply chain, and were identified and processed through the criminal justice system, we assemble and analyze open-source information on criminal schemes involving counterfeits in the DOD supply chain. We utilize the Product Counterfeiting Database (PCD) to capture every indicted scheme linked to the DOD and describe characteristics of the schemes, offenders, and victims. These data provide empirical insights into the counterfeiting of parts and equipment in the DOD supply chain. We conclude with an overview of key issues to consider when weighing opportunities for product counterfeiting as well as implications for policy and practice.