Chapter 14. Andrea Timár engages with literary representations of the experience of perpetrators of dehumanization. Her chapter focuses on perpetrators of dehumanization who do not violate laws of their society (i.e., they are not criminals) but exemplify what Simona Forti, inspired by Hannah Arendt, calls “the normality of evil.” Through the parallel examples of Dezső Kosztolányi’s Anna Édes (1926) and Doris Lessing’s The Grass is Singing (1950), Timár first explores a possible clash between criminals and perpetrators of dehumanization, (...) showing literature’s exceptional ability to reveal the gap between ethics and law. Second, she examines novels focalized through perpetrators and the difficult narrative empathy they provoke, arguing that only the critical reading of these novels can make one engage with the potential perpetrator in oneself. As case studies, Timár examines Daniel Defoe’s Robinson Crusoe (1719), which may potentially turn its reader into an accomplice in the process of dehumanization, and J.M. Coetzee’s Foe (1986), which puts on critical display the dehumanizing potentials of both aesthetic representation and sympathy as imaginative violence. Third, she reads Jonathan Littell’s The Kindly Ones [Les Bienveillantes, 2006], which can make the reader question, through the polyphony of the voice of its protagonist, the notions of narrative voice and readerly empathy, only to reveal that the difficulty involved in empathizing with perpetrator characters lies not so much in the characters’ being perpetrators, but rather in their being literary characters. Eventually, Timár briefly touches upon the problem of the aesthetic and the comic via Nabokov’s Lolita (1955) to ask whether one can avoid some necessarily dehumanizing aspects of humor. (shrink)

Resumen: El presente artículo revisa los usos de la figura del testigo en dos novelas chilenas de reciente publicación: La dimensión desconocida de Nona Fernández y Monte Maravilla de Miguel Lafferte, ambos relatos cuyas tramas están basadas en casos, lugares y personajes históricos reales relacionados con violaciones a los derechos humanos en Chile durante la dictadura pinochetista. En ambos casos, la figura del testigo es compleja e intrincada, ya sea porque es un victimario arrepentido, una niña que se convertirá en (...) la narradora del futuro o un fantasma que resulta ser real. De paso, y a la luz del testigo como figura articuladora común tanto para el derecho como para la literatura, el artículo quiere reflexionar acerca de las posibilidades de los procesos judiciales, en tanto narrativas, como fuentes de memoria colectiva para dar cuenta del horror. El rol del testigo resulta clave en ambos campos discursivos: mientras en los procesos judiciales el testigo es el sujeto de la enunciación del testimonio y, con ello, elemento de prueba en la determinación de responsabilidades, en la literatura el testigo tiene implicancias tanto narratológicas como éticas importantes, las que le proporcionan una riqueza al testimonio que lo vuelven una forma eficaz de memoria que más que contar lo sucedido, se acerca a mostrarlo.: This article reviews how the witness figure has been used in two chilean novels that have been recently published: La dimensión desconocida, from Nona Fernández and Monte Maravilla, from Miguel Lafferte. Both script plots are based in real cases, places and historical characters, related to Pinochet´s dictatorship. They present a complex and intrincate witness figure, through the form a regretful torturer, a girl who will be the future´s narrator or a ghost that happens to be real. Meanwhile, in light of the witness understood as an common articulating figure for the law, as well as for literature, the article wants to reflect on judicial processes posibilities, while narrative, as colective memory sources that can be held accountable for the horror. The witness role turns out to be essential in both discourse fields: meanwhile in judicial procesess the witness is the subject of the testimony enunciation and, as such, an evidence element for criminal liabilities determination, in literature, the witness has important narrative as well as ethics implications, wich give such richness to the testimony, that it becomes an effective way of memory that not only narrates what happened, it closes to show it. (shrink)

The present work aims at discussing the ways in which the literature, especially in Criminology, refers to criminal women. As attested by feminist scholars interested in the topic, female crimes have been theorized from a male standpoint. In other words, no efforts have been constantly made to understand the specificities of crimes perpetrated by women. Thus, from both the analysis of the existent literature and data resulting from an empirical study conducted with female drug traffickers in Rio de (...) Janeiro, Brazil, the goal is to provide elements to further understand the image usually associated to female criminals, as well as the reasons for the invisibility of women in specialized literature.El presente trabajo objetiva discutir las maneras por las cuales la literatura, especialmente la de Criminología, se refiere a mujeres criminosas. Como atestan las pensadoras feministas interesadas en el tema, los crímenes femeninos se han teorizado des de un punto de vista masculino. En otras palabras, los esfuerzos para comprender las especificidades de los crímenes perpetrados por mujeres, no han sido constantes. Así, desde el análisis de la literatura existente y el análisis de los datos resultantes de un estudio empírico con mujeres traficantes de drogas en Río de Janeiro, Brasil, el objetivo es aportar elementos para el entendimiento de la imagen usualmente asociada a las mujeres criminales, así como entender las razones de la invisibilidad femenina en la literatura especializada. (shrink)

A la fin du XIXe siècle, l'image de la femme criminelle est devenue une obsession nationale en France. Partout on vendait des pamphlets et des gravures relatant ces crimes en détail. Même les journaux en parlaient à loisir. Tout en analysant la criminalité féminine de fin-de-siècle à Paris, Ann-Louise Shapiro raconte des histoires remplies de détails fascinants sur la vie quotidienne, le système judiciaire et la place des femmes dans la société. L'auteur explore plusieurs perspectives ..

The present study investigates the association between mental health problems and criminal behavior among adolescents in Sweden. Community crime prevention in a Swedish context is also discussed. Every two years, pupils from schools in Stockholm answer the Stockholm School Survey with questions and statements about their social situation, alcohol and drug use, attitudes, school climate, school grades and criminal behavior. Data collected from pupils who answered the survey in 2014, 2018 and 2020 form the basis of this study. A significant (...) association between mental health problems and criminal behavior was shown, even after controlling for factors suggested in international literature. Mental health problems were shown to be a strong explanation for criminal behavior among adolescents. (shrink)

Through a theoretical examination of the preventive turn in criminal law and justice which has gained momentum in Anglo-American criminal justice systems since the late-twentieth century, The Preventive Turn in Criminal Law demonstrates how recent transformations in criminal law and justiceare intrinsically related to and embedded in the way liberal society and liberal law have been imagined, developed, and conditioned by its social, political, and historical context. Henrique Carvalho identifies a tension between the idea of punishment as an expression of (...) individual justice, andprevention as a manifestation of the need for security and the promotion of welfare. Tracing this tension back to an intrinsic ambivalence within the modern conception of individual liberty, which is both repressed and preserved by liberal conceptions of responsibility and punishment, Carvalhoproves that as long as this ambivalence remains unexamined, liberal law has the potential to both promote and undermine individual justice.Engaging with the dominant contemporary literature on criminal law, prevention, risk, security, and criminalisation, this volume deploys a theoretical perspective developed through a critical analysis of both classical and contemporary works of social and political theory. The book reveals that thepervasiveness of prevention in 21st century criminal justice systems represents not only the consequence of new and unprecedented features of contemporary politics and society, but also the manifestation of essential aspects of the liberal legal and political tradition. (shrink)

Scholars have identified crimmigration – or the criminalization of “irregular” migration in law – as a key issue affecting migrant access to justice in contemporary immigrant-receiving societies. Yet the gendered and racialized implications of crimmigration for diverse migrant populations remains underdeveloped in this literature. This study advances a feminist intersectional approach to crimmigration and migrant justice in Canada. I add to recent research showing how punitive immigration controls disproportionately affect racialized men from the global south, constituting what Golash-Boza and (...) Hondagneu-Sotelo have called a “gendered racial removal program”. In my study, I shift analytical attention to consider the effects of the contemporary crimmigration system on migrant women survivors of gender-based violence. While such cases constitute a small sub-group within a larger population of migrants in detention, nevertheless scholarly attention to this group can expose the multiple axes along which state power is enacted – an analytical strategy that foundational scholars like Crenshaw used to theorize “structural intersectionality” in the US. In focusing on crimmigration in the Canadian context, I draw attention to the growing nexus between migration, security, and gender-based violence that has emerged alongside other processes of crimmigration. I then provide a case analysis of the 2013 death while in custody of Lucía Dominga Vega Jiménez, an “undocumented” migrant woman from Mexico. My analysis illustrates how migrant women’s strategies to survive gender-based violence are re-cast as grounds for their detention and removal, constituting what I argue is a criminalization of survivorship.The research overall demonstrates the centrality of gendered and racialized structural violence in crimmigration processes by challenging more universalist approaches to migrant justice. (shrink)

This paper discusses the criminalization of scientific misconduct, as discussed and defended in the bioethics literature. In doing so it argues against the claim that fabrication, falsification and plagiarism (FFP) together identify the most serious forms of misconduct, which hence ought to be criminalized, whereas other forms of misconduct should not. Drawing the line strictly at FFP is problematic both in terms of what is included and what is excluded. It is also argued that the criminalization of scientific misconduct, (...) despite its anticipated benefits, is at risk of giving the false impression that dubious practices falling outside the legal regulation “do not count”. Some doubts are also raised concerning whether criminalization of the most serious forms of misconduct will lower the burdens for universities or successfully increase research integrity. Rather, with or without criminalization, other measures must be taken and are probably more important in order to foster a more healthy research environment. (shrink)

This paper seeks to contribute to the field of transitional justice by adding new insights about the role that trials of victimizers can play within democratization processes. The main argument is that criminal proceedings affirming the value of equal respect and concern for both victims and abusers can contribute to the socialization of citizens’ politically relevant emotions. More precisely, using law constructively to engage public resentment and indignation can be successful to the extent that legality is not sacrificed. In order (...) to locate this argument within the rich literature on the pedagogical functions of transitional trials this paper enters a dialogue with three emblematic texts. Lawrence Douglas’s narrative jurisprudence approach, Judith Shklar’s critique of the limits of legalism, and Marc Osiel’s interest in ‘discursive solidarity’ represent starting points for a more complex conceptualization of the relationship between democracy, law and emotional education within transformational periods. (shrink)

Data fraud and selective reporting both present serious threats to the credibility of science. However, there remains considerable disagreement among scientists about how best to sanction data fraud, and about the ethicality of selective reporting. The public is arguably the largest stakeholder in the reproducibility of science; research is primarily paid for with public funds, and flawed science threatens the public’s welfare. Members of the public are able to make meaningful judgments about the morality of different behaviors using moral intuitions. (...) Legal scholars emphasize that to maintain legitimacy, social control policies must be developed with some consideration given to the public’s moral intuitions. Although there is a large literature on popular attitudes toward science, there is no existing evidence about public opinion on data fraud or selective reporting. We conducted two studies—a survey experiment with a nationwide convenience sample, and a follow-up survey with a representative sample of US adults —to explore community members’ judgments about the morality of data fraud and selective reporting in science. The findings show that community members make a moral distinction between data fraud and selective reporting, but overwhelmingly judge both behaviors to be immoral and deserving of punishment. Community members believe that scientists who commit data fraud or selective reporting should be fired and banned from receiving funding. For data fraud, most Americans support criminal penalties. Results from an ordered logistic regression analysis reveal few demographic and no significant partisan differences in punitiveness toward data fraud. (shrink)

The Thing about Thugs (2010) a novel by Tabish Khair set between London and the Indian region of Bihar, the end of 1830’s and contemporary age, reflects on the relationship regarding the transmission of knowledge and the construction of the colonial criminal. I investigate how Khair, in his neo-Victorian and postcolonial novel, recalls canonical works of Victorian Literature in which thugs, together with other spectral, haunting figures, enter British territory to tell a different version of the official stories, to (...) change the course of the events and uncover truths regarding things happened overseas, during British colonial adventures. Starting from Meadows Taylor’s Confessions of a Thug, to which the novel is strictly connected, it will be interesting to follow Khair’s itinerary across the different narratives of the Thug’s symbolic, political and social meanings in mid- and late Victorian times, from Dickens’s The Mystery of Edwin Drood to Wilkie Collins’s The Moonstone and Conan Doyle’s The Sign of Four and The Mystery of Cloomber. (shrink)

While research on political violence often focuses on its outcome, there is little attention to the process of political violence. Filling the knowledge gap, the present research applies the theory of instrumentalism to understand political violence as a means to achieve certain political ends. The research is a qualitative case study on Lyari, which was a comparatively peaceful neighborhood in Karachi but transformed into a violent no-go area during 2000s. The paper describes the process of instrumentalization of political violence in (...) Lyari with the objective of outlining the relationship of three key actors – political parties, state authorities, and criminal gangs – using violence for their respective interests. The paper explains how the convergence of their interests influenced the intensity of political violence and converted it into an ethnic conflict. Hence, it expands the literature on political violence by outlining the complexities of the real world where multiple political actors simultaneously use violence to achieve varied objectives that sometimes compliment and sometimes clashes with each other, resulting in further extension of violence. (shrink)

This essay uses the recently published expanded record of the Queensberry libel trial to revisit the relationship between the 'literary' and 'sexual' dimensions of the Wilde scandal. The defence was guided by an integrated conception of the links between the two that shaped both the public responses and the legal proceedings, including the criminal prosecution. The conflict between moral literalism and aesthetic indeterminacy not only informed the legal determination of sexual guilt but also was inflected by social class in ways (...) that contributed to the construction of male homosexuality and of the 'literary'. (shrink)

In this paper we introduce the nascent literature on Moral Uncertainty Theory and explore its application to the criminal law. Moral Uncertainty Theory seeks to address the question of what we ought to do when we are uncertain about what to do because we are torn between rival moral theories. For instance, we may have some credence in one theory that tells us to do A but also in another that tells us to do B. We examine how we (...) might decide whether or not to criminalize some conduct when we are unsure as to whether or not the conduct is morally permitted, and whether or not it is permissible to criminalize the conduct. We also look at how we might make sentencing decisions under moral uncertainty. We argue that Moral Uncertainty Theory can be an illuminating way to address these questions, but find that doing so is a lot more complicated than applying Moral Uncertainty Theory to individual conduct. (shrink)

This paper examines the ‘deep-end’ of the international justice process—the incarceration of persons convicted in specially constituted international criminal tribunals and courts for gross violations of human rights, genocide, crimes against humanity and war crimes with a focus on language rights of such prisoners who are commonly serving sentences in foreign prisons. The punishment phase of the international justice process and its effects are not easily quantifiable and have been largely hidden from view. Although international criminal law asserts that equal (...) treatment before the law requires that there be no significant disparity in punishment regimes from one sentence-enforcing country to another, comparative penology shows that there are considerable differences in the conditions of confinement and the nature of correctional services in the prison systems of different countries. This has a direct impact on post-sentence procedural and rehabilitation rights of which language rights from a key part. In this specific context, and drawing from existing literature, the paper therefore examines the extent to which enforcement practice conforms to the ideal of equal treatment espoused by the tribunals. (shrink)

In the recent literature a number of free will skeptics, skeptics who believe that punishment is justified only if deserved, have argued for these two points: first, that the free will realist who would justify punishment has the burden of establishing to a high level of certainty - perhaps beyond a reasonable doubt, but certainly at least by clear and convincing evidence - that any person to be punished acted freely in breaking the law; and, second, that that level (...) of evidence is simply not there. In this paper I make two parallel points against a quarantine theory of criminal justice. First, the free will skeptic who would justify universal criminal quarantine is also faced with a burden of proof, the burden to establish to a similarly high level that no human being ever acts freely. Second, there is not sufficient evidence for that conclusion either. I believe that the quandary that this creates for criminal justice can be resolved by distinguishing the methods associated with a particular approach from the approach itself: if our choice is between the methods of punishment and the methods of quarantine, the methods that constitute punishment are, I would argue, morally preferable to those that constitute quarantine. (shrink)

Purpose The purpose of this study is to examine public perceptions and attitudes toward using artificial intelligence (AI) in the US criminal justice system. Design/methodology/approach The authors took a quantitative approach and administered an online survey using the Amazon Mechanical Turk platform. The instrument was developed by integrating prior literature to create multiple scales for measuring public perceptions and attitudes. Findings The findings suggest that despite the various attempts, there are still significant perceptions of sociodemographic bias in the criminal (...) justice system and technology alone cannot alleviate them. However, AI can assist judges in making fairer and more objective decisions by using triangulation – offering additional data points to offset individual biases. Social implications Other scholars can build upon the findings and extend the work to shed more light on some problems of growing concern for society – bias and inequality in criminal sentencing. AI can be a valuable tool to assist judges in the decision-making process by offering diverse viewpoints. Furthermore, the authors bridge the gap between the fields of technology and criminal justice and demonstrate how the two can be successfully integrated for the benefit of society. Originality/value To the best of the authors’ knowledge, this is among the first studies to examine a complex societal problem like the introduction of technology in a high-stakes environment – the US criminal justice system. Understanding how AI is perceived by society is necessary to develop more transparent and unbiased algorithms for assisting judges in making fair and equitable sentencing decisions. In addition, the authors developed and validated a new scale that can be used to further examine this novel approach to criminal sentencing in the future. (shrink)

Writers of fiction have always confronted topics of crime and punishment. This age-old fascination with crime on the part of both authors and readers is not surprising, given that criminal justice touches on so many political and psychological themes essential to literature, and comes equippedwith a trial process that contains its own dramatic structure. This volume explores this profound and enduring literary engagement with crime, investigation, and criminal justice. The collected essays explore three themes that connect the world of (...) law with that of fiction. First, defining and punishing crime is one of the fundamental purposes of government,along with the protection of victims by the prevention of crime. And yet criminal punishment remains one of the most abused and terrifying forms of political power. Second, crime is intensely psychological and therefore an important subject by which a writer can develop and explore character. Athird connection between criminal justice and fiction involves the inherently dramatic nature of the legal system itself, particularly the trial. Moreover, the ongoing public conversation about crime and punishment suggests that the time is ripe for collaboration between law and literature in thistroubled domain.The essays in this collection span a wide array of genres, including tragic drama, science fiction, lyric poetry, autobiography, and mystery novels. The works discussed include works as old as fifth-century BCE Greek tragedy and as recent as contemporary novels, memoirs, and mystery novels. Thecumulative result is arresting: there are "killer wives" and crimes against trees; a government bureaucrat who sends political adversaries to their death for treason before falling to the same fate himself; a convicted murderer who doesn't die when hanged; a psychopathogical collector whose quitesane kidnapping victim nevertheless also collects; Justice Thomas' reading and misreading of Bigger Thomas; a man who forgives his son's murderer and one who cannot forgive his wife's non-existent adultery; fictional detectives who draw on historical analysis to solve murders. These essays begin aconversation, and they illustrate the great depth and power of crime in literature. (shrink)

The Thing about Thugs a novel by Tabish Khair set between London and the Indian region of Bihar, the end of 1830’s and contemporary age, reflects on the relationship regarding the transmission of knowledge and the construction of the colonial criminal. I investigate how Khair, in his neo-Victorian and postcolonial novel, recalls canonical works of Victorian Literature in which thugs, together with other spectral, haunting figures, enter British territory to tell a different version of the official stories, to change (...) the course of the events and uncover truths regarding things happened overseas, during British colonial adventures. Starting from Meadows Taylor’s “Confessions of a Thug”, to which the novel is strictly connected, it will be interesting to follow Khair’s itinerary across the different narratives of the Thug’s symbolic, political and social meanings in mid- and late Victorian times, from Dickens’s "The Mystery of Edwin Drood” to Wilkie Collins’s “The Moonstone” and Conan Doyle’s “The Sign of Four” and “The Mystery of Cloomber”. (shrink)

: Hisbah is the most important institution in a society and nation.Enforcement parties are those who are directly involved in executing this. Incarrying out their duties, they bear heavy responsibility because it involvesthe rights of Allah and the rights of human. Hisbah implies theimplementation of al-amr bi-l-maʿrūf when it is clear thatit is abandoned, and wa-n-nahy ʿani-l-munkar when itis clear that it is done. This study is based on the concept of Hisbah in SharīʿahLaw which is of a general and (...) widespread aspect of enjoining good andpreventing evil. Literature reviews and library searches have been conductedintensively to clarify the principles of hisbah. Additionally, descriptiveand content analysis of textual content was done on the provisions of lawsand regulations as well as guidelines on the prevention of sharīʿah crimeparameters in Malaysia. In general, our country has implemented the conceptof hisbah in its own form without the branding of an institution specifically as“the institution of hisbah”. The roles and functions of hisbah are given to theSharīʿah Enforcement Division, Islamic Religious Department in the states. (shrink)

With the principle of tour de force, we refer to the use of the power of moral legality, the strength of statutes, and the fairness of judgments. A quantum force of moral legality and legal morality serves as an imperative force in the implementation of fair criminal justice, as well as in the prevention of future victims across the globe. Contrary to positivist ideas, the simple notion of morality contains within itself the very essence of international criminal norms. If the (...) source of morality did not exist in the structure of our criminal justice, we could no longer call it criminal justice and would instead have to call it criminal revenge. Beyond the moral essence of international criminal justice, we also challenge the hidden illegality and immorality of certain attitudes. This is done in order to prevent acts which violate human rights law and criminal justice provisions. The codes of international human rights law cannot properly function without the comprehensive nature of morality which elevates the moral virtue of international criminal justice and strengthens the tour de force. One may observe that the principle of the tour de force of the moral virtue within the system of international criminal justice loses its legal power when governments attempt to justify their unjust decisions. This is the main reason why the major potential value of the tour de force of the moral virtue of human rights law and international criminal justice is not as strong as it should be. In order to achieve a vision of the tour de force of moral virtue, we need to establish a devoted influential ethical vision of the truth beyond political tradition. An unparalleled philosophical piece of literature for libraries. (shrink)

This study aims to optimize the enterprise criminal law-based copyright protection. This exploration discusses the role of the entrepreneurial spirit in criminal law-based copyright protection. To study the relationship between ES and criminal law-based copyright protection, the concepts of ES, criminal law-based copyright protection, and enterprise innovation are given. Next, by collecting literature, hypotheses are put forward. They include the relationship between ES and enterprise innovation, ES and the criminal law-based copyright protection, and the intermediary role of ES in (...) the criminal law-based copyright protection and economic growth. Then, relevant models are established. Finally, the hypotheses are tested through experiments and empirical analysis, and the model is regressed to test the experimental data’s robustness and the scale’s reliability and validity. The empirical analysis shows that: the significance of ES under the 1% index is greater than 0. It indicates that the higher the managers’ ES is, the greater the enterprise innovation is. The significance of criminal law-based copyright protection on ES under the 1% index is greater than 0 and the regression coefficient is 0.59. This shows that criminal law-based copyright protection has a significant positive impact on ES. Under the l% index, the significance of ES on economic growth is greater than 0 and the regression coefficient is 0.63. It shows that ES mediates the relationship between criminal law-based copyright protection and economic growth. Therefore, strengthening criminal law-based copyright protection improves the ES and leads to faster enterprise and regional economic development. Therefore, the state should pay attention to criminal law-based copyright protection to encourage innovation to promote enterprise development. This exploration studies the relationship among ES, economic growth, enterprise innovation, and criminal law-based copyright protection. The finding provides a theoretical reference for criminal law-based copyright protection. (shrink)

The question of when a person is culpable for taking an unjustified risk of harm has long been controversial in Anglo-American criminal law doctrine and theory. This survey of the approaches adopted in England and Wales, Canada, Australia, the United States, New Zealand and Scotland argues that they are converging, to differing extents, around a 'Standard Account' of culpable unjustified risk-taking. This Standard Account distinguishes between awareness-based culpability and inadvertence-based culpability for unjustified risk-taking. With reference to criminal law theory and (...) philosophical literature, the author argues that, when explained appropriately, the Standard Account is defensible and practical. Defending the Standard Account involves analysing in depth a number of controversial matters, including the meaning of advertence/awareness, the role of attitudes such as indifference in culpable risk-taking, and the question of whether negligence should be used in the criminal law. (shrink)

Recent events have highlighted large-scale systemic racial disparities in U.S. criminal justice based on race and other demographic characteristics. Although criminological datasets are used to study and document the extent of such disparities, they often lack key information, including arrestees’ racial identification. As AI technologies are increasingly used by criminal justice agencies to make predictions about outcomes in bail, policing, and other decision-making, a growing literature suggests that the current implementation of these systems may perpetuate racial inequalities. In this (...) paper, we argue that AI technologies should be investigated to understand how they recognize racial categories and whether they can be harnessed to fill missing race data. By bridging this gap, we can work towards better understanding racial inequalities in a wide range of contexts, most notably criminal justice. Using a multidisciplinary perspective, we rethink the design and methodology used in facial processing technology (FPT) based on supervised deep learning model (DLM) image classification. By modifying standard FPT pipelines to tackle multiple sources of DLM bias, we propose an experimental methodology based on ethical AI principles to generate binary (Black and White) racial categories using mugshots. We go beyond simply reporting DLM accuracies and address fundamental issues such as generalizability and interpretability by using a “self-auditing” approach. First, we evaluate the inference performances of 42 fine-tuned DLMs using unseen test images from the same dataset but subject to varying data augmentations. Next, to interpret and validate our methodological approach, we apply gradient-based saliency maps to assess the consistency of facial region relevance and attribution. Finally, drawing upon insights from three areas (computer science, sociology, and law), we investigate the efficacy of our DLM-based method as a tool for detecting racial inequalities in criminal justice. (shrink)

In the early 18th Century, Daniel Defoe found it natural to write a novel whose heroine was a sexually adventurous, socially marginal property offender. Only half a century later, this would have been next to unthinkable. In this paper, the disappearance of Moll Flanders, and her supercession in the annals of literary female offenders by heroines like Tess of the d'Urbervilles, serves as a metaphor for fundamental changes in ideas of selfhood, gender and social order in 18th and 19th Century (...) England. Drawing on law, literature, philosophy and social history, I argue that these broad changes underpinned a radical shift in mechanisms of responsibility-attribution, with decisive implications for the criminalisation of women. I focus in particular on the question of how the treatment and understanding of female criminality was changing during the era which saw the construction of the main building blocks of the modern criminal process, and of how these understandings related in turn to broader ideas about gender, social order and individual agency. (shrink)

The psychological literature now differentiates between two types of psychopath:successful (with little or no criminal record) and unsuccessful (with a criminal record). Recent research indicates that earlier findings of reduced autonomic activity, reduced prefrontal grey matter, and compromised executive activity may only be true of unsuccessful psychopaths. In contrast, successful psychopaths actually show autonomic and executive function that exceeds that of normals, while having no difference in prefrontal volume from normals. We argue that many successful psychopaths are legally responsible (...) for their actions, as they have the executive capacity to choose not to harm (and thus are legally rational). However, many unsuccessful psychopaths have a lack of executive function that should at least partially excuse them from criminal culpability. Although a successful psychopath's increased executive function may occur in conflict with, rather than in consonance with their increased autonomic activity - producing a cognitive style characterized by self deception and articulate-sounding, but unsound reasoning - they may be capable of recognizing and correcting their lack of autonomic data, and thus can be held responsible. (shrink)

Language-related right in the legal proceedings is mostly associated with access to interpreting. Literature on the bilingual courtroom primarily centres on the role of interpreters in the intercultural communication. This paper, drawing on discourse analysis of a case study in a Chinese criminal court, investigates the atypical role played by an interpreter when she ceases to be an active participant in the bilingual interaction. It discusses how language ideology underlying the judicial practice could transform the role of the interpreter (...) and convert the bilingual arterial into a monolingual one. Situating the analysis in the wider social and legal context of Chinese criminal justice system, this paper attempts to explain and interpret the judicial behaviour to keep the interpreter silent and the impact on the language rights enjoyed by the minority-language-speaking defendants. (shrink)

This article presents the conception of negligent account management, analyses the rules of the criminal act that govern criminal liability for negligent account management, by focussing on the form of guilt and the problem of its content. The plenary session’s conclusion that the two offences – failure to administer bookkeeping and failure to protect the bookkeeping documents – can be committed both intentionally and negligently is disputed in this article. The adoption of the new Criminal Code in 2000, setting the (...) form of guilt and its content in criminal cases for negligent account management, posed no significant problems – the court practice and legal literature followed the attitude that this crime could be committed only negligently. According to Article 16(4) of the Criminal Code 2000, a person is punished for negligent commission of a crime or a misdemeanour only in individual cases stipulated in the Special Part of the Criminal Code. The problem was that no “individual case” was foreseen in Article 223 of the Criminal Code that imposed liability for negligent bookkeeping. This created preconditions for deviating from pre-existing case-law under which this crime could be qualified as negligent. Only in 2009 the Criminal Division of the Lithuanian Supreme Court concluded in its plenary session that Article 223 of the Criminal Code provided liability for criminal record-keeping and accounting only if committed negligently as a form of guilt, and other activities pursuant to this Article might be committed intentionally and recklessly. The plenary session identified a loophole of criminal law and created preconditions for the formation of uniform court practice. Only the legislator can remove the loophole of criminal law identified by the Supreme Court of Lithuania. The author states that all of the acts named in Article 223 of the Criminal Code can be committed negligently and suggests applying the rule contained in Article 16(4) of the Criminal Code to Article 223 of the Criminal Code. All of these findings are based on historical, grammatical and logical interpretation of the “neglect” concept and the analysis of Articles 222 and 223 of the Criminal Code. (shrink)

International criminal tribunals are weak institutions, especially since they do not have their own police forces to execute arrest warrants. Understandably then, much of the existing literature has focused exclusively on pressure from major powers and on changing domestic politics to explain the apprehension of suspected war criminals. In contrast, this article turns attention back to the tribunals themselves. I propose three ways in which the activities of international criminal tribunals impact compliance with arrest warrants: through the selection (...) of individuals to indict, demonstrated leniency on some suspects and outreach to domestic legal professionals. Using a duration model that accounts for sample selection and data collected on the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, I test these theories alongside other existing explanations. I find that court activities can have an independent effect on the successful implementation of international criminal law. (shrink)

The issue of how to best minimize scientific misconduct remains a controversial topic among bioethicists, professors, policymakers, and attorneys. This paper suggests that harsher criminal sanctions against misconduct, better protections for whistleblowers, and the creation of due process standards for misconduct investigations are urgently needed. Although the causes of misconduct and estimates of problem remain varied, the literature suggests that scientific misconduct—fraud, fabrication, and plagiarism of scientific research—continues to damage public health and trust in science. Providing stricter criminal statutes (...) against misconduct is necessary to motivate whistleblowers and deter wrongdoers, and the provision of basic due process protections is necessary for ensuring a fair and balanced misconduct investigation. (shrink)

Three experiments explored how hypocrisy affects attributions of criminal guilt and the desire to punish hypocritical criminals. Study 1 established that via perceived hypocrisy, a hypocritical criminal was seen as more culpable and was punished more than a non-hypocritical criminal who committed an identical crime. Study 2 expanded on this, showing that negative moral emotions (anger and disgust) mediated the relationships between perceived hypocrisy, criminal guilt, and punishment. Study 3 replicated the emotion finding from Study 2 using new scenarios (...) where group agents were clearly aware of the hypocrisy of their actions, yet acted anyway. Again, perceived hypocrisy worked through moral emotions to affect criminal guilt and punishment. The current studies provide empirical support for theories relating hypocrisy and moral transgressions to moral emotions, also informing the literature on the role of moral emotions in moral reasoning and legal decision making. (shrink)

Neuroscientific research in relation to antisocial behavior has strongly grown in the last decades. This has resulted in a better understanding of biological factors associated with antisocial behavior. Furthermore several neuroscientific instruments and interventions have been developed that have a relatively low threshold for use in the criminal justice system to contribute to prevention or reduction of antisocial and criminal behavior. When considering implementation in the criminal justice system, ethical aspects of the use of neuroscientific instruments and interventions need to (...) be taken into account. With respect to ethics in relation to neurocriminology much of the literature focuses on identifying and debating risks and value conflicts. This is important and necessary, but the positive contribution of neuroscientific applications may therefore get less attention in the ethical literature. Yet, ethicists can help criminal justice researchers and practitioners to identify ways in which neuroscience could add positively to important values in (young) offender rehabilitation. It is argued that this role of ethicists in interdisciplinary teams deserves more emphasis. As an illustration, this contribution focuses on how neuroscientific knowledge, instruments and interventions may contribute to autonomy of (young) offenders. (shrink)

Neuroscientific research in relation to antisocial behavior has strongly grown in the last decades. This has resulted in a better understanding of biological factors associated with antisocial behavior. Furthermore several neuroscientific instruments and interventions have been developed that have a relatively low threshold for use in the criminal justice system to contribute to prevention or reduction of antisocial and criminal behavior. When considering implementation in the criminal justice system, ethical aspects of the use of neuroscientific instruments and interventions need to (...) be taken into account. With respect to ethics in relation to neurocriminology much of the literature focuses on identifying and debating risks and value conflicts. This is important and necessary, but the positive contribution of neuroscientific applications may therefore get less attention in the ethical literature. Yet, ethicists can help criminal justice researchers and practitioners to identify ways in which neuroscience could add positively to important values in offender rehabilitation. It is argued that this role of ethicists in interdisciplinary teams deserves more emphasis. As an illustration, this contribution focuses on how neuroscientific knowledge, instruments and interventions may contribute to autonomy of offenders. (shrink)

Neuroscientific research in relation to antisocial behavior has strongly grown in the last decades. This has resulted in a better understanding of biological factors associated with antisocial behavior. Furthermore several neuroscientific instruments and interventions have been developed that have a relatively low threshold for use in the criminal justice system to contribute to prevention or reduction of antisocial and criminal behavior. When considering implementation in the criminal justice system, ethical aspects of the use of neuroscientific instruments and interventions need to (...) be taken into account. With respect to ethics in relation to neurocriminology much of the literature focuses on identifying and debating risks and value conflicts. This is important and necessary, but the positive contribution of neuroscientific applications may therefore get less attention in the ethical literature. Yet, ethicists can help criminal justice researchers and practitioners to identify ways in which neuroscience could add positively to important values in offender rehabilitation. It is argued that this role of ethicists in interdisciplinary teams deserves more emphasis. As an illustration, this contribution focuses on how neuroscientific knowledge, instruments and interventions may contribute to autonomy of offenders. (shrink)

In this chapter we introduce the nascent literature on Moral Uncertainty Theory and explore its application to the criminal law. Moral Uncertainty Theory seeks to address the question of what we ought to do when we are uncertain about what to do because we are torn between rival moral theories. For instance, we may have some credence in one theory that tells us to do A but also in another that tells us to do B. We examine how we (...) might decide whether or not to criminalize some conduct when we are unsure as to whether or not the conduct is morally permitted and whether or not it is permissible to criminalize the conduct. We also look at how we might make sentencing decisions under moral uncertainty. We argue that Moral Uncertainty Theory can be an illuminating way to address these questions but find that doing so is a lot more complicated than applying Moral Uncertainty Theory to individual conduct. (shrink)

There is an explicit belief – evident in jurisprudential literature – that developments in behavioural genetics in the very near future will necessitate a dramatic revolution in common law criminal justice systems. This paper considers what is truly shown by behavioural genetics in relation to free will, and the effect of such conclusions on criminal justice systems which rely upon the concept of free will as a foundation element. This paper ultimately concludes that it is unlikely that criminal justice (...) systems will be shaken – or indeed substantially influenced – by past or future discoveries in genetics. Three major arguments are employed: that theses connecting genetic traits with criminal free will exhibit a naïve conception of partial genetic determinism; that theses connecting genetic traits with criminal free will have been unduly motivated by discoveries in behavioural genetics which are disreputable or misleading; and that even should an unexpected discovery be made exhibiting a strong causal connection between genetics and criminal behaviour, this will not prove to be an intolerable novelty for any criminal justice system which otherwise assumes free will to exist. (shrink)

Written by a noted expert in criminal law, this book explores the philosophical underpinnings of the law's major doctrines concerning actus reus, mens rea, and defences, showing that they are not always driven by culpability. They are grounded also in principles of moral responsibility, ascriptive responsibility, and wrongdoing. As such, they engage wider debates about wrongdoing, and about the boundaries between liability and freedom. This multi-textured analysis allows this book to take more nuanced positions about many important controversies in criminal (...) law. It argues, for example, that liability for omissions and for negligence-and even some strict liability elements-can sometimes be legitimate yet, at the same time, should be relatively rare. It also explains why principles of causation can differ in the criminal law from other contexts; what is wrong with the 'voluntary act' requirement; and why luck can affect the wrongs we commit without changing our degree of blameworthiness for committing them. The book concludes with an account of the major types of defences, and of how they interact with an agent's wrong and her underlying motivations.This volume presents a coherent and rich vision of the criminal law that, by its sheer breadth, makes a distinctive contribution to the literature, of interest to lawyers and philosophers alike. (shrink)

Although public law scholars have long addressed the problems of accountability generated by private decision-making and "privatization," they have largely ignored this phenomenon in the immigration context. Our ignorance is increasingly indefensible. Millions of employers - private parties - are required by law to screen their workers for unauthorized immigrants, and growing evidence suggests that they use their screening power to ignore workplace protections and to otherwise exploit these workers. This article is the first attempt to apply the insights generated (...) by the privatization literature to immigration law. It argues that our nation's employers have emerged as private immigration screeners who, like airport inspectors screening for ineligible entrants and law enforcement officers screening for criminal noncitizens, assist the Department of Homeland Security in identifying unauthorized workers for removal. More than just agents of exploitation, reframing employers as private screeners demonstrates that they are also agents of the state. Borrowing analytical concepts developing in the privatization literature, I argue that the high risk of abuse and the lack of readily available mechanisms for reducing that risk raise troubling implications over the kind of power that employers wield as private immigration screeners in the workplace. Reframing our nation's employers as private screeners gives theoretical coherence to the discretionary decision-making authority they actually wield, and explains why they have used that authority to exploit workers - as private parties carrying out public duties, they are incentivized to serve their own interests instead of verifying the immigration status of their workers in good faith. Examining the problem of private immigration screening also forces us to reconsider two aspects about immigration screening generally. First, although immigration law tends to reward unauthorized immigrants who lay low and tends to punish those who draw attention to themselves, I suggest that we ought to rethink this logic at least in the context of the workplace. Because workplace violations committed by employers are typically enforced by private parties, punishing unauthorized immigrants who attempt to assert these rights and thus draw attention to themselves, only encourages workplace violations by employers and fosters a culture of lawlessness. Second, thinking about how decision-making authority within immigration law should be allocated between the public and the private contributes to the current conversation over how similar decision-making authority should be allocated between federal entities and local entities. Although questions of accountability have lingered in the backdrop of the immigration federalism debate, I suggest that scholars would be well served to foreground these questions and answer them head-on. (shrink)

The dominant view in the philosophical literature contends that internalized oppression, especially that experienced in virtue of one's womanhood, reduces one's sense of agency. Here, I extend these arguments and suggest a more nuanced account. In particular, I argue that internalized oppression can cause a person to conceive of herself as a deviant agent as well as a reduced one. This self-conception is also damaging to one's moral identity and creates challenges that are not captured by merely analyzing a (...) reduced sense of agency. To help illustrate this claim, I consider experiences of people of color who internalize stereotypes regarding criminality and moral deviance. With these examples in mind, I show that internalized prejudices regarding criminality can cause people of color to view themselves as outlaws in the moral community, that is, as wrongdoers. This conclusion helps give voice to some of the challenges that women of color who experience multiple sorts of internalized prejudices often face. To conclude, I discuss one strategy for empowerment that women of color have used when confronted with multiple forms of internalized oppression. (shrink)

The purpose of this article is to continue the discussion on Europe’s converging criminal justice systems. In particular, I test a hypothesis that has recently appeared in the literature, which sees the jurisprudence of the European Court of Human Rights as one of the most significant factors that encourage a harmonization process between the adversarial and inquisitorial criminal justice systems of Europe. This claim is supported by examining the Court’s jurisprudence to identify decisions that led to legislative and policy (...) amendments in the domestic legal orders of the 46 member states of the Council of Europe. This account shows how an interplay currently taking place between judicial, policy, and statutory powers is marking the end of the adversarial-inquisitorial era. Finally, the conclusion identifies the three most important impediments that are likely to hamper this harmonization process. (shrink)

This article focuses on the most recent debates in a certain area of the ‘law and emotion’ field, namely the literature on the role of affect in the criminal law. Following the dominance of cognitivism in the philosophy of emotions, authors moved away from seeing emotions as contaminations on reason and examined how affective reactions could be accommodated within penal proceedings. The review is structured into two main components. I look first at contributions about the multi-dimensional presence of emotions (...) within ordinary criminal proceedings. Second, I examine work done on the use of criminal trials under the emotionally stressful circumstances of post-conflict societies. In the conclusion I sketch a theoretical proposal for moving the discussion forward. (shrink)

In this paper, I have two primary goals. First, I show that the causal-based story approach in A hybrid formal theory of arguments, stories and criminal evidence is ill suited to negative causation. In the literature, the causal-based approach requires that hypothetical stories be causally linked to the explanandum. Many take these links to denote physical or psychological causation, or temporal precedence. However, understanding causality in those terms, as I will show, cannot capture cases of negative causation, which are (...) of interest to the Law. In keeping with this, I also discuss some of the difficulties Hybrid Theory invites by remaining silent on the nature of the causal links. In my second aim, I sketch a way for Hybrid Theory to overcome this problem. By replacing the original, underlying causal structure with contrastive causation in the law, Hybrid Theory can represent reasoning in which the evidence that is appealed to is causally linked via negative causation to the explananda. (shrink)

This research analyzes the overall arrest histories of persons aged 18-34 convicted for weapon-related deer spotlighting in Virginia during 1997 and 1998. Deer spotlighting, or "freeze-killing," is a specific form of deer poaching involving shining a deer with a spotlight for an easier kill. Defined as unsporting, freeze-killing constitutes animal abuse. This study isolated and compared arrest rates of white males - 90% of the sample in the present research - with estimated rates of a cross-sectional national sample of the (...) same race-sex-age combinations. Results showed that about two in five freeze killers had been arrested, more than one in five for a crime of violence. Freeze-killers had almost twice the rate for violent crime and almost three times the rate for property crime as the control group - after accounting for age and for the time at risk of arrest. The findings' direction is consistent with the recent literature and a "generality of deviance" approach, and support an earlier call to expand hypotheses about animal abuse to include other criminal correlates in addition to violence. (shrink)

R.A. Duff’s The Realm of the Criminal Law advances the literature on criminalization by providing the most thorough exploration and defence yet provided of the intuitively attractive idea that criminalization is properly limited to public wrongs only. I outline here six concerns I have with the view, as presented in this book, and suggest where the account needs further elaboration, defence, or rethinking.

Recent studies reveal some of the neurophysiological mechanisms involved in drug addiction. This prompts some theorists to claim that drug addiction diminishes responsibility. Stephen Morse however rejects this claim. Morse argues that these studies show that drug addiction involves neither compulsion, coercion, nor irrationality. He also adds that addicted people are responsible for becoming addicted and for failing to take measures to manage their addiction. After summarizing relevant neuroscience of addiction literature, this chapter engages critically with Morse to argue (...) that a subgroup of addicted people does meet plausible criteria for compulsion, coercion, or irrationality; that few addicted people are fully responsible for becoming addicted; and that some addicted people can be at least partly excused for failing to manage their addiction. Pickard and Lacey’s “responsibility without blame” approach is also suggested as a fruitful basis for future work in this field. (shrink)

What did it mean to keep a secret in early medieval England? It was a period during which the experience of secrecy was intensely bound to the belief that God knew all human secrets, yet the secrets of God remained unknowable to human beings. In Bonds of Secrecy, Benjamin A. Saltzman argues that this double-edged conception of secrecy and divinity profoundly affected the way believers acted and thought as subjects under the law, as the devout within monasteries, and as readers (...) before books. One crucial way it did so was by forming an ethical relationship between the self and the world that was fundamentally different from its modern reflex. Whereas today the bearers of secrets might be judged for the consequences of their reticence or disclosure, Saltzman observes, in the early Middle Ages a person attempting to conceal a secret was judged for believing he or she could conceal it from God. In other words, to attempt to hide from God was to become ensnared in a serious sin, but to hide from the world while deliberately and humbly submitting to God's constant observation was often a hallmark of spiritual virtue. Looking to law codes and religious architecture, hagiographies and riddles, Bonds of Secrecy shows how legal and monastic institutions harnessed the pervasive and complex belief in God's omniscience to produce an intense culture of scrutiny and a radical ethics of secrecy founded on the individual's belief that nothing could be hidden from God. According to Saltzman, this ethics of secrecy not only informed early medieval notions of mental activity and ideas about the mind but also profoundly shaped the practices of literary interpretation in ways that can inform our own contemporary approaches to reading texts from the past. (shrink)

This paper presents a theory of reasoning with evidence in order to determine the facts in a criminal case. The focus is on the process of proof, in which the facts of the case are determined, rather than on related legal issues, such as the admissibility of evidence. In the literature, two approaches to reasoning with evidence can be distinguished, one argument-based and one story-based. In an argument-based approach to reasoning with evidence, the reasons for and against the occurrence (...) of an event, e.g., based on witness testimony, are central. In a story-based approach, evidence is evaluated and interpreted from the perspective of the factual stories as they may have occurred in a case, e.g., as they are defended by the prosecution. In this paper, we argue that both arguments and narratives are relevant and useful in the reasoning with and interpretation of evidence. Therefore, a hybrid approach is proposed and formally developed, doing justice to both the argument-based and the narrative-based perspective. By the formalization of the theory and the associated graphical representations, our proposal is the basis for the design of software developed as a tool to make sense of the evidence in complex cases. (shrink)

Literature addressing organizational ethical behavior has focused intensely on cognitive moral development, and more recently the automatic and natural moral inclinations. Research addressing the incapacity for moral reasoning, such as psychopathy, is rarely addressed in organizational behavior. Our first aim is to develop a construct definition for functional psychopathy that is appropriate for organizational science and theoretically consistent with the extensive previous clinical and criminal research in this field. Second, we apply two versions of a scale not previously used (...) in business research relative to moral judgments. This scale is a self-reported measure of functional psychopathy and is useful for its relationships with ethically relevant business decisions. Further, we examine which factors emerge as having the highest relationship with ethical decision making. Third, we seek to advance the usefulness of this construct by more precisely placing psychopathy within its nomological network. With these goals in mind, a combined sample of business school seniors participated in three studies. Findings indicate a significant influence of psychopathy over a range of ethically relevant business decisions, as well as negative correlations with factors of the Moral Approbation and the Moral Awareness scales. We conclude with directions for future research and considerations for practice. (shrink)