Historical outlines of fin-de-siècle European criminology have typically focused on the debate between supporters of Lombrosian anatomical determinism on the one hand, and the more environmentalist (i.e. French) explanations of crime on the other. What has gone largely unnoticed, however, is how the basic tenets of the 'French school' were shaped by an implicit moral concern with mass consumption and indi vidualism, particularly in regard to juvenile crime. This paper examines the psychosocial conception of the juvenile (...) criminal - within the par ticular context of fin-de-siècle culture, social theory and political ideol ogy - to delineate how French criminologists encountered economic modernity and reconceptualized their understanding of the relationship between the child, the family and the state. (shrink)

Restorative practices is providing Thailand with a culturally relevant and highly effective means of dealing with criminal offenders, especially juveniles. Spearheaded by Wanchai Roujanavong, director general of the Department of Juvenile Observation and Protection of Thailand’s Ministry of Justice, the Thais have developed a restorative conferencing model. Called family and communitygroup conferencing, the approach is based on the International Institute for Restorative Practices restorative conferencing model, combined with elements of the New Zealand family group conferencing model. The resultant approach (...) suits Thailand’s traditional community-inclusive culture. Since 2003, Thailand’s 52 juvenile protection centers have conducted more than 19,000 conferences, usually in place of court prosecution. Recidivism rates among offenders participating in these conferences are markedly lower than those of juvenile offenders prosecuted in court. (shrink)

Many commentators agree that the trend to try juveniles as adults fails to recognize that there should be an asymmetry in our treatment of juvenile and adult crime such that all else being equal juvenile crime deserves less punishment than does adult crime. This essay explores different rationales for this asymmetry. A political rationale claims that the disenfranchisement of juveniles compromises the state’s democratic authority to punish juveniles in the same way it is permitted to (...) punish adults. A developmental rationale claims that juveniles deserve to be punished less than adults because their immaturity makes them less responsible and, hence, less culpable for their wrongdoing. Gideon Yaffe’s new book The Age of Culpability expresses skepticism about the developmental rationale and defends a version of the political rationale. By contrast, this essay finds important limits to the political rationale and defends a qualified version of the developmental rationale. In the process, it argues against treating the asymmetry between juvenile and adult crime as a categorical one. (shrink)

This pilot study examines how a number of American and Japanese journalists make the tough calls regarding an escalating social problem: whether to identify juveniles who have been charged with serious capital crimes. Divergent societal and journalistic values of the two countries are explored via a survey of journalists from Honolulu and Hiroshima. Newsroom policies and practices are described regarding general and specific cases of juvenile crime. In general, Japanese journalists are far more likely than U.S. journalists to (...) withhold names. Tables and additional background information are found at jmme.org. (shrink)

An evidence-based approach to crime and justice policy can go a long way toward ensuring that the best available research is considered in decisions that bear on the public good. However, the term "evidence-based" is characterized by a great deal of rhetoric. Indeed, there remains a marked disjuncture between calls for "evidence-based" policy and an understanding of what it means for policy to be "evidence-based." The calls for evidence-based policy nonetheless provide a powerful foundation for propelling a movement toward (...) bringing about rational, cost-effective, and humane policies for the betterment of society. This handbook showcases the state of research on evidence-based crime and justice policy and the challenges that impede its creation and use. The volume has three core objectives: to promote new and productive ways to think about evidence-based policy; to demonstrate how research can contribute to and guide evidence-based policy in juvenile justice, criminal justice, and alternatives to system responses; and to identify strategies that can increase reliance on evidence-based policy. To meet these objectives, each chapter is guided by several central questions: What do we know about evidence-based policy and practice in crime and justice? How can we improve knowledge of evidence-based policy and practice? How can we promote more use of evidence-based policy and practice? Taken as a whole, the volume emphasizes the critical need for policies that are grounded in high-quality research, that address critical research gaps, and that fully acknowledge the limitations of what extant research can do to inform policy decisions. (shrink)

The paper is composed of two parts. The first part covers juvenile delinquency with all its characteristics. When analyzing the delinquency, we gave a special place to the socio-pathological phenomena which is more and more present and the rate is higher from year to year. Social pathology is a huge issue that requires special commitment, first, for its detection and then prevention. Within the delinquency, we also cover the most common crimes committed by juveniles. In the second part of (...) this paper, the authors deal in more details with a specific form of crime which can also be committed by juveniles: child sexual abuse and pedophilia. First, the difference between child sexual abuse and pedophilia will be discussed, a difference that is of particular importance in cases where minors are abusers. Furthermore, the main characteristics of cases when both perpetrators and victims of sexual abuse are minors will be addressed. Although these criminal offenses are rarer in practice unlike the criminal offenses and deviant behaviors treated in the first part, however, knowing the main characteristics and specifics of such cases is of particular importance for the legal-criminal treatment of the perpetrators of these criminal offenses. (shrink)

Genomic and neuro-scientific research into the causes and course of antisocial behaviour triggers bioethical debate. Often, these new developments are met with reservation, and possible drawbacks and negative side-effects are pointed out. This article reflects on these scientific developments and the bioethical debate by means of an exploration of the perspectives of one important stakeholder group: juveniles convicted of a serious crime who stay in a juvenile justice institution. The views of juveniles are particularly interesting, as possible applications (...) of current and future scientific findings are considered to be most effective if applied early in life. Based on their statements we come to the following provisional conclusions. Concerns about labelling and stigmatization are recognized and widely shared. Possible effects on one's identity are acknowledged too. Yet, a possible biological underpinning of one's antisocial behaviour is not considered to result in the development of a criminal identity. Nonetheless, psychopharmacological interventions are experienced as endangering one's current self. Concerns regarding the refusal of responsibility and the blaming of one's genes or brain can be put into perspective. Instead, participants emphasize the motive of own choice as underlying their criminal behaviour. Moreover, bioethical debate should pay attention to the role of parents of children at risk and the parent-child relationship in families at-risk. We argue that the short-term and long-term interests of children at risk, as well as their interests and those of society at large, may conflict. In order to deal appropriately with newly arising dilemmas, a normative framework needs to be developed. (shrink)

Background: Aggression is an important risk factor for delinquency and crime in adolescents. Previous studies have indicated that childhood maltreatment plays an important role in the development of aggression. However, whether the effect could be mediated by other factors is still unknown. Evidence suggests that callous-unemotional (CU) traits and self-control may be candidate mediators in the relationship between childhood maltreatment and aggression.Methods: A total of 585 male juvenile delinquents from China were recruited for the present study. We measured (...) self-reported childhood maltreatment, CU traits, self-control, and aggression with the short form of the Childhood Trauma Questionnaire (CTQ-SF), the Inventory of Callous-Unemotional Traits (ICU), the Self-Control Scale (SCS), and the Aggression Questionnaire (AQ), respectively. Furthermore, we constructed multiple mediation models to investigate the mediating effects of CU traits and self-control on the relationship between childhood maltreatment and aggression. Childhood maltreatment and aggression were entered into the model as the independent and dependent variables, respectively, and CU traits and self-control were treated as the mediating variables. In addition, the moderating role of self-control in the relationship between childhood maltreatment and aggression was tested by constructing a moderation model.Results: Correlation analysis showed significant positive correlations among childhood maltreatment, CU... (shrink)

This study reports on the preliminary outcome evaluation of the Magone Home Aftercare Program (MHAP), a faith-based juvenile justice residential facility in the Philippines that provides intensive aftercare treatment for adolescent males involved in the juvenile justice system after their time in a rehabilitation facility or community detention in their area of residence. Although evaluation studies are typically conducted using quantitative research methods, we believe a narrative research approach can be a useful methodology that elucidates “ why” and (...) “ how” or “ the story” behind the success of the program. As such, we evaluated the effectiveness of the MHAP in facilitating the reintegration of its beneficiaries through the stories they tell. Particularly, we analyzed and compared the life stories of MHAP beneficiaries who have been successfully reintegrated into their respective communities within the frame of redemptive narrative identity. The analysis of the interview data revealed that the life stories of these former beneficiaries contained redemption scenes in which they drew on adverse childhood experiences (extreme poverty, parental neglect, abuse, abandonment, and crime) in realizing their true selves (by gaining wisdom from the past, opportunities, new sources of strength, and desire to help others). Importantly, the redemption narratives also contained key life episodes that recognized the MHAP as the key to their successful reintegration into society. Such findings provide valuable information (i.e. how the program has achieved its objectives) to all levels of the MHAP, from program beneficiaries and front-line staff to decision-makers and funders, as well as community partners. (shrink)

Statistics from both South Africa and the United States of America indicate that the phenomenon of violence amongst youths is increasing. This implies that a larger number of youths are being exposed to the experience of violence and thus present with the complex and multi-dimensional effects of such an experience. Past research has centred mostly on the causative factors that can be statistically represented, with little focus being paid to the juveniles’ in-depth, subjective experience of the phenomenon. For the male (...) adolescent, the experience of the phenomenon of violence is complex, diverse and may span across many aspects of his life, including physical, psychological, personal and social dimensions. Three participants were sourced from the Leeuwkop Juvenile Correctional Facility in Johannesburg and interviewed for the purpose of this study. The participants were selected based on their age (between 13 and 19 years of age) and the type of crime that they had committed (assault with intent to do grievous bodily harm, common assault or indecent assault). In accordance with the phenomenological approach, open-ended interviews were used as a research method in order to allow for the participants’ unique and subjective experience of the phenomenon to emerge. The researchers found that the phenomenon of violence is characterised by the juveniles’ experience of external events that provoke a certain response manifesting itself in violent behaviour. The responses described by the participants were mostly emotional in nature and included emotions such as anger, rage and fury. The experience of violence also holds certain consequences for the male juvenile offender. The most common consequence experienced by all three participants was their subsequent arrest and incarceration in a correctional facility. Indo-Pacific Journal of Phenomenology , Volume 11, Edition 1 May 2011, iii-v. (shrink)

This paper focuses on the links between inequality in academic performance and juvenile conviction rates for violent crime, stealing from another person, burglary in a dwelling and racially motivated offences. We use area-based aggregate data to model this relationship. Our results show that, above and beyond impacts of absolute access to resources, young people who grow up in school cohorts marked by higher levels of disparity in educational achievement may be more prone to commit violent crime and (...) racially motivated offences than those with less disparity. This association is however not found for property-related offences. Our results further show that higher between-schools inequality and higher within-school inequality are both associated with higher conviction rates for violent crime and racially motivated offences. (shrink)

Why, exactly, should we punish children who commit crimes more leniently than adults who commit the same offenses? Gideon Yaffe thinks it is because they cannot vote, and so the strength of their reasons to obey the law is weaker than if they could. They are thus less culpable when they disobey. This argument invites an obvious objection: why not simply enfranchise children, thereby granting them legal reasons that are the same strength as enfranchised adults, and so permitting similarly severe (...) punishment? Yaffe answers this question by arguing that child enfranchisement would objectionably undermine the values of political equality and self-government. This article explores some serious doubts about these arguments. It closes by questioning Yaffe’s reliance on a retributivist theory of punishment, contending that, once we reject retributivism in favor of more humane and productive alternatives, the thesis that child criminals deserve a break—which Yaffe assumes to be undeniably correct—becomes less plausible. (shrink)

Japan is ordinarily thought of as a country noted for its lack of violent crime and the general safety of its citizens. But there is now widespread incidence, almost an epidemic, of bullying (ijime), student violence against other students, and against teachers, juvenile delinquency, violence in the home, and a growing rate of absenteeism and youth suicide for reasons related to the larger problem. Another issue, which has heretofore not been connected to the anti-social behavior of Japanese youth, (...) iskaroushi, usually translated as sudden death from overwork, and it is my contention that they share the same roots: the failure to learn self-control, and the perception that the locus of control is external.It is the tentative thesis of this essay that, on the one hand, Japanese society in general places too much emphasis onexternal locus of control (rules, regulations, authority figures), and that, on the other hand, individual parents — through such things as over-indulgence — do not teach their children sufficientself-(internal) control. In this essay I present the concept of perceived locus of control as it relates to various aspects of personality and development, and therefore to the problems of anti-social behavior and the meaning of work. (shrink)

Several states in the United States of America and countries in Europe punish parents when their minor child commits a crime. When parents are being punished for the crimes committed by their children, it should be presumed that parents might be held responsible for the deeds of their children. This article addresses the question whether or not this presumption can be sustained. We argue that parents can be blamed for the crimes of their children, not because they have the (...) duty to control their children as is often maintained, but because they have the duty to assist their child to develop in such a way that s/he becomes a morally competent agent. (shrink)

Several states in the United States of America and countries in Europe punish parents when their minor child commits a crime. When parents are being punished for the crimes committed by their children, it should be presumed that parents might be held responsible for the deeds of their children. This article addresses the question whether or not this presumption can be sustained. We argue that parents can be blamed for the crimes of their children, not because they have the (...) duty to control their children as is often maintained, but because they have the duty to assist their child to develop in such a way that s/he becomes a morally competent agent. (shrink)

Provides a comprehensive overview of the issues, research and debates relating to children and the experience of childhood in late twentieth century Britain. This volume will address key issues such as juvenile crime, poverty, child protection and children's rights and their implications for the development of policy and services for children. Presents first hand accounts from children and parents.

The growth of urban violence in Brazil, as in other countries, has led citizens to demand more severe and punitive measures to solve the problem of juvenile crime. One motion submitted to the Brazilian parliament, for instance, proposes to reduce the age of penal majority from 18 to 16 years. Our hypothesis is that popular opinions about this proposal are largely constrained by construal levels and psychological distance. Accordingly, we expect that the knowledge and proximity to the circumstances (...) associated with juvenile transgression will influence opinions about the proposal. To test this hypothesis, we evaluated how opinion against or for the proposal can be explained by psychological distance and moral development theory. We studied two samples, composed of people who do not have a deep experience with the subject and workers from a juvenile justice court. After collecting socio-demographic information from the subjects and their answer to moral dilemmas, the data was subjected to a multivariate analysis by multimodal logistic regression for socio-demographic characteristics, Kohlberg moral stages, and opinion on the reduction of APM as dependent variables. Our findings suggest that 1) opinion about the APM depends on psychological distance and 2) socioeconomic variables may influence the average construal level of adolescent transgressors in the public’s perspective. (shrink)

At present, many countries have lowered the minimum age of criminal responsibility to deal with the trend of juvenile crime. In practical terms, whether countries advocate for lowering the age of criminal responsibility along with early puberty, or regulating the minimum age of juvenile criminal responsibility through their policies, their deep-rooted hypothesis is that age is tied to adolescents’ psychological growth, and, with the rise in age, the capacity for dialectical thinking, self-control, and empathy gradually improves. With (...) this study, we aimed to test whether this hypothesis is valid. The participants were 3,208 students from junior high school, senior high school, and freshman in the S province of the People’s Republic of China. We subjected the gathered materials to independent-samples t-tests, one-way analysis of variance, linear regression analysis, and Bonferroni post hoc test. The influence of the age variable upon dialectical thinking, self-control, and empathy was significant, but only empathy was positively correlated with age variable ; dialectical thinking ability, and self-control ability were negatively correlated with the age variable. Bonferroni post hoc test confirmed these findings. Therefore, we concluded the following: Juvenile criminal responsibility, based on the capacity for dialectical thinking, self-control, and empathy, is not positively correlated with age. Age is not the only basis on which to judge a juvenile’s criminal responsibility. More research that directly links age differences in brain structure and function to age differences in legally relevant capacities and capabilities is needed. Political countries should appropriately raise the minimum age of criminal responsibility and adopt the doli incapax principle in the judicial process. (shrink)

Punishment is a topic of increasing importance for citizens and policy makers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many others are addressed in this highly engaging guide. Punishment is a critical introduction to the philosophy of punishment offering a new and refreshing approach that will benefit readers of all backgrounds and interests. This is the first critical guide to examine all leading contemporary theories of punishment, (...) including the communicative theory of punishment, restorative justice, and the unified theory of punishment. There are also several case studies examined in detail including capital punishment, juvenile offending, and domestic abuse. -/- Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspective that is novel and groundbreaking. -/- Introduction; Retributivism; Deterrence; Rehabilitation; Restorative Justice; Rawls, Hart, and "mixed" theories; Expressivism; The Unified Theory; Capital Punishment; Juvenile Offending; Domestic Abuse; Sexual Crimes; Conclusion; Index. (shrink)

This new second edition of Punishment includes a revised and expanded defence of the groundbreaking unified theory of punishment that brings together elements of retribution, deterrence and rehabilitation into a new coherent framework. Thom Brooks expands the chapter length case studies from capital punishment, juvenile offending, domestic violence and sex crimes to include new chapters on social media offences and corporate liability addressing some of today's most pressing issues in criminal justice.

Punishment is a topic of increasing importance for citizens and policymakers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many more are examined in this highly engaging and accessible guide. Punishment (2nd edition) is a critical introduction to the philosophy of punishment, offering a new and refreshing approach that will benefit readers of all backgrounds and interests. The first comprehensive critical guide to examine all leading contemporary theories (...) of punishments, this book explores – among others – retribution, the communicative theory of punishment, restorative justice and the unified theory of punishment. Thom Brooks applies these theories to several case studies in detail, including capital punishment, juvenile offending and domestic violence. Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspective that is novel and ground-breaking. This second edition has extensive revisions and updates to all chapters, including an all-new chapter on the unified theory substantively redrafted and new chapters on cyber-crimes and social media as well as corporate crimes. Punishment is essential reading for undergraduate and graduate students in philosophy, criminal justice, criminology, justice studies, law, political science and sociology. "Lucid, fair-minded, and well-informed, Thom Brooks’ Punishment offers a superb introduction to a complex and contentious subject. Many a perplexed student will find illumination in his patient discussion of each of the leading theories. The way Brooks shows their interconnectedness and application in practice – to capital punishment, juvenile offenders, domestic violence, and the like – will interest not only students but scholars as well." ―Stuart P. Green, Distinguished Professor of Law and Nathan L. Jacobs Scholar, Rutgers School of Law "As a topic in moral and political philosophy, punishment has been jolted back to life. In the last quarter century, retribution has returned with a vengeance, both in the theoretical literature and (with a very different emphasis) in public policy. The rise of the victim as a player in the criminal justice system has also fuelled a counter-trend, placing an emphasis on redress. Human rights, privatization, globalization, the rise of the therapist, the lobbyist, the terrorist: all have affected our ways of punishing and of thinking about punishment. A new survey of the terrain is overdue. And who better to conduct it than Thom Brooks, whose grasp of the literature and feel for the issues is second to none? From the noble ideals of ‘communicative’ theory to the grim realities of children in prison: in Punishment Brooks covers it all with insight, rigour, and energy." ―John Gardner, Professor of Jurisprudence, University of Oxford "Thom Brooks has produced a valuable introduction to, and critical survey of, current theoretical approaches to punishment together with an analysis of their implications for practice. In addition, he has provided a spirited defence of a new, unified theory inspired by the British Idealists and encompassing retributive, consequentialist, and restorative elements. Written in a lucid and engaging style, the book will interest a wide range of readers – students, theorists of punishment, as well as those engaged in criminal justice policy." ―Alan Brudner, Albert Abel Professor Emeritus, Faculty of Law, University of Toronto. (shrink)

This article refers to the main features of contemporary criminality in Lithuania. The period of analysis of those main features is 2004-2011. From 2004, a period of stable state registration of criminality, i.e. a period without significant changes in criminal laws commenced. The article deals with the analysis of spreading criminality in Lithuania, and the main socio-demographical features of persons charged with criminal offences. The registered number of criminal offences in 2011 decreased by about 15%, compared to 2004. The largest (...) decrease was recorded in 2007. Yet during the economic crisis, after 2007, the number of registered criminal offences slightly increased, however, as has already been mentioned, the registered number of criminal offences in 2011 was 15% less. Nevertheless, we must bear in mind that the changes in criminality came two-three years after certain social changes, in this case – the economic crisis. The characteristic features of the contemporary criminality in Lithuania are: the tendency of decrease in violent crimes (homicides, rapes, serious bodily injuries). During the researched period, the number of homicides decreased by 39%, of serious bodily harms – by 56%; and of rapes and attempts – by 26.5%. Another tendency is the decrease in property crimes. The most widespread property crime is theft. The registered number of thefts decreased by 25%. Among them, the registered number of car thefts decreased the most – by 65%; and the decrease of domestic burglaries amounted to 55.5%. The registered number of robberies decreased by 53%. During the researched period, destruction of or damage to property and swindling – their registered number – increased by 80% and 92% respectively. In the countries with much more developed market economy than in Lithuania (e. g. in Scandinavian countries), the indicators of those crimes are 2 to 3 times higher. This means, firstly, that in future the number of those crimes in Lithuania will increase; secondly, the decrease in violent crimes and the increase of swindling means that market economy in Lithuania has become more developed than before. In Lithuania, the number of persons charged with criminal offences during the researched period tended to decrease, but not much, only by 12%. Some socio-demographic characteristics of persons charged with criminal offences are: juveniles make up 15%; traditionally, they are men, but in contemporary criminality in Lithuania we observe a small (only by 3%) increase of women; the increase in the number of persons aged from 18 to 24 is observed, and it seems that the socio-economic situation of this age group has become more complicated; during the economic crisis in Lithuania, the number of unemployed and not studying persons increased significantly (up to 60% in the structure of all registered persons charged with criminal offences) and almost reached a problematic situation that existed during the transitional period from socialist economy to market economy, from totalitarian society to democratic society (before 2000). (shrink)

When laws or legal principles mention mental states such as intentions to form a contract, knowledge of risk, or purposely causing a death, what parts of the brain are they speaking about? We argue here that these principles are tacitly directed at our prefrontal executive processes. Our current best theories of consciousness portray it as a workspace in which executive processes operate, but what is important to the law is what is done with the workspace content rather than the content (...) itself. This makes executive processes more important to the law than consciousness, since they are responsible for channeling conscious decision-making into intentions and actions, or inhibiting action.We provide a summary of the current state of our knowledge about executive processes, which consists primarily of information about which portions of the prefrontal lobes perform which executive processes. Then we describe several examples in which legal principles can be understood as tacitly singling out executive processes, including principles regarding defendants’ intentions or plans to commit crimes and their awareness that certain facts are the case, as well as excusatory principles which result in lesser responsibility for those who are juveniles, mentally ill, sleepwalking, hypnotized, or who suffer from psychopathy. (shrink)

On November 2, 2004, California voters approved Proposition 69, “The DNA Fingerprint, Unsolved Crime, and Innocence Protection Act” by a margin of approximately 60 to 40 percent. Given the limited amount of information provided to voters during the initiative process, it is unclear how many of the yea-sayers were apprised of the full implications of this measure. Indeed, by voting “yes” on Proposition 69, California has elected to house the most radical and costly state criminal DNA database in the (...) country. This dangerous expansion of California's database poses tremendous threats to civil liberties and social justice while offering little, if anything, by way of increasing the safety of its citizens.Prior to November 2, California law required the permanent retention of DNA samples from felons convicted of serious, violent crimes. The new law expands the database to include DNA samples from all felons and individuals with past felony convictions - including juveniles - and, beginning in five years, all adults arrested for any felony offense. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THE ROLE OF AN ULTIMATE AUTHORITY IN RESTORATIVE JUSTICE: A GIRARDIAN ANALYSIS Sara Osborne I. Restorative or Retributive Justice South African Episcopal Archbishop Desmond Mpilo Tutu's account of the gritty practicality of reconciliation versus retribution in his book, No Future Without Forgiveness, focuses long overdue attention on Restorative Justice, a law reform movement probably better known in international than in American legal circles. A persuasive assertion of Restorative Justice (...) advocates in their critique of increasingly retributive practices such as mandatory minimum sentencing, mandatory arrest, death penalty, juvenile incarceration, "three strikes" legislation, no parole, diminished prisoner services, to name a few, is that reintegrating offenders back into a community is a much more effective deterrence to anti-social violence than punishment alone. They have also observed that communitarian ideals and practices, more visible in traditional cultures1 are more conducive to Restorative goals ofreconciliation and reintegration than are practices of retributive justice rooted in ideals of individual rights. Therefore, such adjudicatory practices should serve as models for preferable alternatives. 1An examination ofrestorative justice under code-based systems of law (European, Roman Law) might also reveal more affinities since the focus ofthese systems is to define the permissible, rather than the impermissible. Code-based law begins with the commons; rightsbased law begins with the individual. 80Sara Osborne However, Western-style retributive justice remains the primary model for international law and Restorative Justice is the prophetic "outsider" voice. So, it is appropriate to ask to what extent and under what conditions are Western retributive justice systems able to incorporate or accommodate adjudicatory practices ofnon-Western or traditional cultures? How critical a factor is religion? These questions will appear wherever Western Law struggles to bring more cultural diversity under a unifying umbrella and they deserve close scrutiny. René Girard's insights into the relationship between law, religion, culture and violence are helpful in identifying practical implications ofthe restorative vision and systemic weaknesses ofretribution, and perhaps illuminating a third way. The metaphor of an organ transplant may be useful: without a genetic match between host and donor both risk destruction. It is the thesis of this paper that that genetic material is a very inclusive conceptualization of "religion" which I have named "Ultimate Authority," drawing on Girard's mimetic theory for the theoretical analysis. In other words, "religion" is indeed, always and everywhere, a critical factor in culture-specific institutions ofjustice. A Girardian understanding ofthe relationship between Ultimate Authority and criminaljustice systems indicates that while there are valuable lessons to be learned from trans-cultural dialogue, wholesale transplants may not be possible, or even advisable because conditions essential for comparable success do not exist in Western legal culture. This paper first presents some background about Restorative Justice, followed by an outline ofRené Girard's mimetic theory to define "Ultimate Authority." The second half of the paper describes alternative adjudicatory processes which have attracted the attention of Restorative Justice advocates and concludes with suggestions about future directions for criminal justice policy discussion. Restorative Justice is a movement which drew its initial energy from Civil Rights era non-violent social action. It has found avid supporters among those whose activism for socialjustice is faith-based as well as those whose activism is rooted in more secular communitarian ideologies. Perhaps because of its international following, a significant contribution ofthe movement has been to initiate trans-cultural dialogue about criminal justice, fostering an increased use of alternative dispute resolution techniques, primarily mediation. Restorative Justice doctrine insists that all crime is personal, evidence ofa broken relationship between victim, offender, and community. Restoring "right relationship" between all parties is both a moral and legal obligation; "justice" to be just must go well beyond addressing the specifics of the act which effected the break. In contrast, the focus of The Role ofAn Ultimate Authority81 retributive justice appears abstract, procedural, and narrow in pursuit of impartiality or neutrality, the ideal of Blind Justice.2 Howard Zehr, a consultant on criminal justice and a Canadian Mennonite who wrote the classic Restorative Justice primer, Changing Lenses: A New Focusfor Crime andJustice, describes the retributive criminaljustice process as "a drama between two abstractions," meaning a criminal and a victim, where the "victim" is even further abstracted... (shrink)

DURING THE PAST THIRTY YEARS, A GROWING CONVERSATION ABOUT THE "restorative" dimensions of justice in contrast to its "retributive" dimensions in addressing crime, wrongdoing, and cultural conflict has emerged around the world. In New Zealand, an initiative known as Family Group Conferencing has virtually replaced the conventional juvenile justice that preceded it. This initiative has inspired many people around the world to adapt that restorative approach in many different settings.

Firearms were associated with 30, 136 deaths in the United States in 2003. Most guns are initially sold to the public through a network of retail dealers. Licensed firearm dealers are an important source of guns for criminals and gun traffickers. Just one percent of licensed dealers were responsible for more than half of all guns traced to crime. Federal law makes it difficult for ATF to inspect and revoke the licenses of problem gun dealers. State licensing systems, however, (...) are a greatly under-explored opportunity for firearm dealer oversight. We identify and categorize these state systems to identify opportunities for interventions to prevent problem dealers from supplying guns to criminals, juveniles, or gun traffickers. Just seventeen states license gun dealers. Twenty-three states permit routine inspections of dealers but only two mandate that those inspections occur on a regular basis. Twenty-six states impose record-keeping requirements for gun sales. Only thirteen states require some form of store security measures to minimize firearm theft. We conclude with recommendations for a comprehensive system of state licensing and oversight of gun dealers. Our findings can be useful for the coalition of more than fifty U.S. mayors that recently announced it would work together to combat illegal gun trafficking. (shrink)

Research on adolescent-to-parent violence associates specific psychosocial characteristics with adolescents who assault their parents, whether they are within or outside the juvenile justice system, or whether these characteristics are shared by other adolescents convicted of other crimes. The aim of this paper is to compare three groups of adolescents. Those who have been sentenced for APV are compared with adolescents who have committed other crimes, and with a group who have not been involved in the justice system. The sample (...) used consists of 148 male participants between the ages of 14 and 21. A comparison is made regarding type of self-reported behavior, frequency of drug use, academic performance, exposure to violence, self-concept, and parents’ conflict resolution tactics. The results obtained indicate that adolescents with judicial measures, regardless of the crime committed, differ from those who have not been in trouble with the justice system in terms of them having suffered violence in the street, the frequency with which they use drugs and in their academic achievement. Likewise, adolescents convicted of APV differ from the other two groups in the frequency with which they are victims of violence at home, in that their mothers use the tactic of asking somebody else for help as a way of solving marital conflicts, and in having a more negative family self-concept. The results are discussed highlighting the importance of taking into account whether a sample is judicial, clinical, or community, and the specific APV behaviors which are measured. (shrink)

The At Issue series includes a wide range of opinion on a single controversial subject. Each volume includes primary and secondary sources from a variety of perspectives -- eyewitnesses, scientific journals, government officials and many others. Extensive bibliographies and annotated lists of relevant organizations to contact offer a gateway to future research.

We can gain fresh insights into aspects of criminal liability by focusing first on the prior topic of criminal responsibility, and on the relational dimensions of responsibility: responsibility is responsibility for something, to someone. We are criminally responsible as citizens, to our fellow citizens, for committing 'public' wrongs: I discuss the difficulty of giving determinate content to this idea of public wrongs, and the way in which, whereas moral responsibility is typically strict, criminal responsibility is not. Finally, I explore the (...) grounds on which defendants might deny that they are criminally responsible before the courts that seek to try them. (shrink)

Emotional AI is an emerging technology used to make probabilistic predictions about the emotional states of people using data sources, such as facial (micro)-movements, body language, vocal tone or the choice of words. The performance of such systems is heavily debated and so are the underlying scientific methods that serve as the basis for many such technologies. In this article I will engage with this new technology, and with the debates and literature that surround it. Working at the intersection of (...) criminology, policing, surveillance and the study of emotional AI this paper explores and offers a framework of understanding the various issues that these technologies present particularly to liberal democracies. I argue that these technologies should not be deployed within public spaces because there is only a very weak evidence-base as to their effectiveness in a policing and security context, and even more importantly represent a major intrusion to people’s private lives and also represent a worrying extension of policing power because of the possibility that intentions and attitudes may be inferred. Further to this, the danger in the use of such invasive surveillance for the purpose of policing and crime prevention in urban spaces is that it potentially leads to a highly regulated and control-oriented society. I argue that emotion recognition has severe impacts on the right to the city by not only undertaking surveillance of existing situations but also making inferences and probabilistic predictions about future events as well as emotions and intentions. (shrink)

A person incurs inchoate criminal liability when he incites another person or other persons to commit a crime. The most salient characteristic of incitement, in comparison with the other forms of inchoate crime, is the existence of a communication that is made with a view to persuading the addressee to commit an offence. This article explores the question of why incitement should incur criminal liability, and the nature of such liability. It also identifies its distinctive features. The principal (...) focus here is on ambiguity in the putative words of incitement and on questions of gauging whether the words have had any effect on the actions of the addressee. It covers both the standard criminal offences and conduct which, arguably, should not be regulated by the criminal law, thereby raising issues of freedom of speech. Legal issues are set in the context of the common law generally, while drawing on English law in matters of detail. (shrink)

ObjectivesBuilding on what is known about the non-random nature of crime problems and the explanatory capacity of opportunity theories of crime, this study explores the utility of using existing university administrative data to detect unusual patterns of performance consistent with a student having engaged in contract cheating (paying a third-party to produce unsupervised work on their behalf).MethodsResults from an Australian university were analysed (N = 3798 results, N = 1459 students). Performances on unsupervised and supervised assessment items were (...) converted to percentages and percentage point differences analysed at the academic discipline-, unit-, and student-level, looking for non-random patterns of unusually large differences.ResultsNon-random, unusual patterns, consistent with contract cheating, were found at the academic discipline-, unit-, and student-level, with approximately 2.1% of students producing multiple unusual patterns.ConclusionsThese findings suggest it may be possible to use existing administrative data to identify assessment items that provide suitable opportunities for contract cheating. This approach could be used in conjunction with targeted problem-prevention strategies (based on situational crime prevention) to reduce the vulnerability of academic assessment items to contract cheating. This approach is worthy of additional research as it has the potential to help academic institutions around the world manage contract cheating; a problem that currently threatens the validity and integrity of tertiary qualifications. (shrink)

In many cases of criminality within large corporations, senior management does not commit the operative offense—or conspire or assist in it—but nonetheless bears serious responsibility for the crime. That responsibility can derive from, among other things, management’s role in cultivating corporate culture, in failing to police effectively within the firm, and in accepting lavish compensation for taking the firm’s reins. Criminal law does not include any doctrinal means for transposing that form of responsibility into punishment. Arguments for expanding doctrine—including (...) broadening of the presently narrow “responsible corporate officer” doctrine—so as to authorize such punishment do not fare well under the justificatory demands of criminal law theory. The principal obstacle to such arguments is the large industrial corporation itself, which necessarily entails kinds and degrees of delegation and risk-taking that do not fit well with settled concepts about mens rea and omission liability. Even the most egregious and harmful management failures must be addressed through design and regulation of the corporation rather than imposition of individual criminal liability. (shrink)

For many years, psychological–clinical research has been aiming at studying the Mafia from different viewpoints: the man of honor's inner world, relational and psychopathological structures of his family matrices, connections between inner and social worlds, interiorized and social rules. Today, however, a complex phenomenon has come to light, which concerns the great connection between the Mafia and financial crime, and for us as researchers it is very interesting and complicated to analyze, because it involves the study of psychological peculiarities (...) that can be specifically found in the numerous illegalities. The crossbreeding of the various criminalities, which are always more interacting and merging and less isolated, makes this picture even more complex. (shrink)

This paper examines the impact of corporate crime on the stock market in South Korea. Specifically, we examine the effect of crime type, industry type, business group affiliation, and corporate governance on the relationship between corporate crime announcement and stock market reaction. We find negative reactions to stock prices around the announcements of corporate crimes but no significant difference in reactions between announcements of individual and organizational crimes. Individual white-collar crimes have a stronger negative impact on stock (...) prices than do individual street crimes on average, while financial crimes have a significantly greater negative impact than do operational crimes in organizations. Moreover, financial sector firms are impacted more significantly by the announcement of corporate crimes than are non-financial firms. In addition, the stock prices of chaebol-affiliated firms decrease less than do those of non-chaebol-affiliated firms, and those with a higher board committee subindex seem to be influenced less by news of corporate crimes if the size control variable is excluded. Multivariate cross-sectional analyses show consistent findings after controlling for firm-specific factors, crime-type effect, and industry and year effects. The results of this study provide valuable insights because it covers several types of corporate crime, including those committed by individuals and those perpetrated by firms. (shrink)

The article discusses how women murderers embedded in the victim-turned-avenger narrative function as vehicles of social criticism in three contemporary Swedish crime novels, Henning Mankell’s The Fifth Woman, Håkan Nesser’s Woman with Birthmark and Fredrik Ekelund’s Nina och sundet [Nina and the Strait]. The murderers’ performances of murder, based on parody and irony, question masculinity and its institutionalized practices. By rendering vulnerable the discourse of hegemonic masculinity, these performances prove their subversiveness and critical potential. At the same time they (...) renew the crime fiction genre and particularly the feminist crime novel in which female agency is identical with the agency of the detective. (shrink)

The following is simultaneously an essay in sociological theory, in cultural sociology, and in the empirical reconstruction of postwar Western history. Per theory, it introduces and specifies a model of cultural trauma - a model that combines a strong cultural program with concern for institutional and power effects - and applies it to large-scale collectivities over extended periods of time. Per cultural sociology, the essay demonstrates that even the most calamitous and biological of social facts - the prototypical evil of (...) genocidal mass murder - can be understood only inside of symbolic codes and narratives; that these frames change substantially depending on social circumstances; and that this culture process is critical to establishing understandings of moral responsibility. Empirically, this essay documents, in social and cultural detail, using both secondary and primary sources, how it was that the `Holocaust' gradually became the dominant symbolic representation of evil in the late twentieth century, and what its consequences have been for the development of a supra-national moral universalism that may restrict genocidal acts in the future. (shrink)

In the future, it is likely that we will form strong bonds of attachment and even develop love for social robots. Some of these loving relations will be, from the human’s perspective, as significant as a loving relationship that they might have had with another human. This means that, from the perspective of the loving human, the mindless destruction of their robot partner could be as devastating as the murder of another’s human partner. Yet, the loving partner of a robot (...) has no recourse to legal action beyond the destruction of property and can see no way to prevent future people suffering the same devastating loss. On this basis, some have argued that such a scenario must surely motivate legal protection for social robots. In this paper, I argue that despite the devastating loss that would come from the destruction of one’s robot partner, love cannot itself be a reason for granting robot rights. However, although I argue against beloved robots having protective rights, I argue that the loss of a robot partner must be socially recognised as a form of bereavement if further secondary harms are to be avoided, and that, if certain conditions obtain, the destruction of a beloved robot could be criminalised as a hate crime. (shrink)

Attention has been given to cross-cultural differences in adolescent growth, but far less is known about developmental variability during juvenility (ages 3–10). Previous research among the Pumé, a group of South American foragers, found that girls achieve a greater proportion of their adult stature during juvenility compared with normative growth expectations. To explain rapid juvenile growth, in this paper we consider girls’ activity levels and energy expended in subsistence effort. Results show that Pumé girls spend far less time in (...) subsistence tasks in proportion to their body size compared with adults, and they have lower physical activity levels compared with many juveniles cross-culturally. Low activity levels help to explain where the extra energy comes from to support rapid growth in a challenging environment. We suggest that activity levels are important to account for the variation of resource and labor transfers in mediating energy availability. (shrink)

Something is happening which tears morality from its secure mooring and projects us into uncharted territory. All rules are suspended. We are reminded that no examining magistrate is present; this has now escalated to become a greater metaphysical absence, as the film develops its earlier reference to the murder of God. If God is dead, if God has willed and commanded his own death, what moral nightmare awaits us?

This paper examines the central role of ethnology, the science of race, in the administration of colonial India. This occurred on two levels. First, from the late eighteenth century onwards, proto-scientists and administrators in India engaged with metropolitan theorists through the provision of data on native society and habits. Second, these same agents were continually and reciprocally influenced in the collection and use of such data by the political doctrines and scientific theories that developed over the course of this period. (...) Among the central interests of ethnographer-administrators was the native criminal and this paper uses knowledge developed about native crime and criminality to illustrate the way science became integral to administration in the colonial domain. (shrink)

We discuss an epileptic incident in an undiagnosed 13-year old girl participating in a clinical study investigating the effects of transcranial direct current stimulation in healthy children and adolescents. This incident poses important research ethics questions with regard to study design, especially pertaining to screening and gaining informed consent. Potential benefits and problems of the incident also need to be considered. The ethical analysis of the case presented in this paper has been informed by an in-depth interview conducted after the (...) incident with the child and the accompanying parent. We discuss the ethical implications of the epileptic incident, the need for improving screening procedures for studies with minors and for providing more effective communication. This case also underscores the problem of undetected teenage epilepsy in neuropsychological clinical studies and the necessity of raising more awareness of this issue. Since research in tDCS is an active and expanding field, we conclude with providing some recommendation that could ensure that future research on tDCS, or other therapies and neuro-interventions where there is a risk of triggering an epileptic seizure, take into account the specifics of teenage epilepsy and the need for more thorough provision of information during the process of gaining informed consent. (shrink)