Was Ellen Wronged?

Imagine a citizen (call her Ellen) engages in conduct the state says is a crime, for example, money laundering. Imagine too that the state of which Ellen is a citizen has decided to make money laundering a crime. Does the state wrong Ellen when it punishes her for money laundering? It depends on what you think about the authority of the criminal law. Most criminal law scholars would probably say that the criminal law as such has no authority. Whatever authority is has depends on how well it adheres to the demands of morality inasmuch as morality is the only authority we have. Thus if morality says that money laundering should not be a crime then the state wrongs Ellen when it punishes her. But if the criminal law as such does have authority, and if in the exercise of its authority the state has decided to make money laundering a crime, then the state does Ellen no wrong when it punishes her.     

Police interrogation

Abstract

We describe a study of more than 1000 interrogations by Metropolitan Police Officers. Obtaining a confession is found to be the paramount reason for interviewing a suspect. However, few suspects who did not initially confess changed their minds during the interview. 42% of suspects admitted their guilt—about the same number as obtained before tape recording of interviews was introduced. Strength of evidence and legal advice were the principal factors associated with confessing. The confession rate also varied according to which police station hosted the “interview”. An “accusatorial” style of questioning was associated with the possession of strong evidence against the suspect.     

Predicting multiple victim versus single victim sexual abuse: an examination of distal factors and proximal factors associated with the first abuse incident

Abstract

Official and confidential self-report data on 83 convicted adult male sexual abusers were analysed to examine whether sexual offending progression can be better predicted from distal antecedents, or from proximal antecedents and outcomes associated with the first sexual abuse incident. Fifty-six offenders who sexually abused more than one victim (multiple victim offenders; MVOs) were compared to 27 offenders who sexually abused a single victim only (single victim offenders; SVOs). MVOs were younger at the time of their first sexual abuse incident, and were more likely to first abuse male and non-familial children. With the exception of sexual attraction to male children, no differences were found between the two groups on distal antecedents. Proximal antecedents and outcomes associated with the first sexual abuse incident were significantly related to multiple victim offending. Logistic regression analysis identified the presence of sexual difficulties in the month prior to the first abuse incident, and sexual excitement immediately preceding the first incident, as significant unique predictors. Implications for risk assessment and risk management are discussed, and future research directions proposed.     

Sexual offenders’ parental and adult attachments and preferences for therapists’ interpersonal qualities

ABSTRACT

This study explored sex offenders' parental and adult attachment difficulties and assessed the extent to which these were associated with preferences for therapists' interpersonal qualities. One-hundred and twelve adult male child sexual offenders were invited to provide self-report data on their attachment histories, adult attachments and preferences for therapists' interpersonal qualities. A weak relationship between childhood and adulthood secure attachment was found, suggesting that attachment at the time of offending may be more relevant than childhood attachment to the aetiology of sexual offending. Participants valued a range of therapists' qualities previously identified as important for positive treatment change. Therapist trust and genuineness were perceived as particularly important by those with attachment difficulties, demonstrating the need for these qualities in offender programmes where attachment difficulties would be expected. There were some differences in the preferences for therapists' qualities between participants with different adult attachment types, highlighting the importance of responsivity factors in treatment.     

Book reviews

Reckless Legislation: How Lawmakers Ignore the Constitution by Michael A. Bamberger. Piscataway, NJ: Rutgers University Press, 2000. Pp.ix + 233. $32 hb ISBN 0 8135 2732 5.

An Accidental MP by Martin Bell. London: Viking, 2000. Pp.230 £16.99 hb ISBN 0 670 89231 9.

Politico's Guide to Parliament by Susan Child. London: Politico Publishing, 1999. Pp.vi + 461 £25 hb ISBN 1 902301 23 4.

The European Parliament by Richard Corbett, Francis Jacobs and Michael Shackleton. London: John Harper, 4th edn, 2000. £37.50 hb ISBN 0 953 62782 9; £14.95 pb ISBN 0 953 62781 0.

The C‐Span Revolution by Stephen Frantzich and John Sullivan. Norman, OK: University of Oklahoma Press, 1999. Pp.xiv + 433. $14.95 pb ISBN 0 8061 3130 6.

Pivotal Politics: A Theory of U.S. Lawmaking by Keith Krehbiel. Chicago, IL and London: University of Chicago Press, 1998. Pp.xvi + 258. £39.55 hb ISBN 0 226 45271 9; £13.50 pb ISBN 0 226 45272 7.

Legislative Enterpreneurship in the U.S. House of Representatives by Gregory Wawro. Ann Arbor, MI: The University of Michigan Press, 2000. Pp.xiv+193. $39.50 hb ISBN 0 472 11153 1.     

To Crack or Crumble: Use of the Thin Skull and Crumbling Skull Rules

The psycholegal and medicolegal assessment of injury-related physical and psychological impairments and disabilities is fraught with difficulties, including assessing for physical and psychological risk factors. In the injury litigation context, in Canada, issues related to pre-injury physical and psychological risk factors are best captured by the thin skull and crumbling skull rules. A review of court cases in which these rules have been considered suggests that the rules are not applied consistently. This inconsistency in the application of these rules has contributed to conflicting determinations of cause and damages across trial court, appeal court, and Supreme Court cases. This article provides operational definitions of the thin skull and crumbling skull rules, presents a case that involves a series of court decisions that exemplify the difficulties associated with the application of these rules, and provides recommendations for more effective application of the two rules.     

Atlantic capitalism versus Rhine capitalism in the European community

The advent of the Single European Market in 1993 has prompted a debate about the differences between the German social market economy and the British liberal market, and whether these can coexist. ‘Rhine Capitalism’ based on social solidarity will remain a source of competitive advantage through its emphasis on continuous development of labour skills and technology. Britain's ‘Atlantic Capitalism’ lacks such a framework for dialogue between government and producer interests, which will make the creation of a national competitiveness strategy to counter deindustrialisation problematic. At the European Community level, some regulatory framework similar to Germany's Ordnungspolitik will probably emerge to underpin the operation of the Single Market.     

Intelligence Analysis Theory: Explaining and Predicting Analytic Responsibilities

Theoretical work involves explanation and prediction, but thus far there has been little scholarly work explaining and predicting the role of intelligence analysts in support of foreign and national security policies. Without a theory of intelligence, it becomes difficult to decide what the appropriate substantive analytical responsibilities of the intelligence community should be. Accordingly, a theory of foreign intelligence analysis is necessary. This paper presents a theoretical framework developed during the immediate post-Cold War timeframe to explain why there was such a wide variety of perspectives regarding the future need for intelligence, embeds these ideas within the existing intelligence theory literature, applies this framework more generally in a way that can be used to explain variations in the substantive coverage of intelligence analysis in the past and predict possible variations in the future, and then tests the theory's ability to explain the analytical focus of domestic intelligence organizations.