This chapter sets the scene for the subsequent philosophical discussions by surveying a number of biological interventions that have been used, or might in the future be used, for the purposes of crime prevention. These interventions are pharmaceutical interventions intended to suppress libido, treat substance abuse or attention deficit-hyperactivity disorder (ADHD), or modulate serotonin activity; nutritional interventions; and electrical and magnetic brain stimulation. Where applicable, we briefly comment on the historical use of these interventions, and in each case (...) we discuss the evidence that they are effective, or might become so with further refinement. The chapter concludes with a comment on some potentially significant differences between the varieties of intervention that we canvass. (shrink)

Abstract – This study aimed primarily to determine the effectiveness of crime prevention strategies implemented by the Salug Valley Philippine National Police (PNP) in terms of Police Integrated Patrol System, Barangay Peacekeeping Operation, Anti-Criminality Operation, Integrated Area Community Public Safety services, Bantay Turista and School Safety Project as evaluated by 120 inhabitants and 138 PNP officers from four Municipalities of Salug Valley Zamboanga del Sur. Stratified random sampling was utilized in determining the respondents. Index crime rate were (...) correlated with the crime prevention strategies of the PNP in town of Salug Valley. A descriptive method of research was applied in this study utilizing self-made questionnaire. The data collected were analyzed using the main statistical tools like frequency count, percentage, mean computation, Kruskal Wallis Analysis of Variance and simple correlation. Findings of the study revealed that the crime prevention strategies in four (4) municipalities were “much effective” to include Integrated Patrol System, Barangay Peace Keeping Operations, Anti-Criminality Operations, Integrated Area Community Public Safety Services, Bantay Turista and School Safety Project in connection to the responses of 158 participants. There is a significant relationship between crime prevention strategies employed and index crime rate. (shrink)

Situational crime prevention (SCP) measures attempt to prevent crime by reducing the opportunities for crime to occur. One of the ways in which some SCP measures reduce such opportunities is by providing victims with advice about how to avoid being victimised, for instance through public awareness campaigns or safety apps. Some scholars claim that this approach to preventing crime often or always promotes victim-blaming and that it is therefore morally wrong to pursue such strategies. Others (...) have made sweeping rejections of this claim. However, in this paper, I suggest that neither view is correct. Specifically, I demonstrate that there are at least three distinct ways of interpreting what I term the victim-blaming argument against advice-giving SCP measures – i.e. as an argument based on a concern for direct victim-blaming, indirect victim-blaming, or self-blame – and that both SCP opponents and supporters have legitimate grounds for their position, depending on how the argument is spelled out. (shrink)

This article opens with the consequentialist–deontologist debate, with the former concerned about the relevance of punitive measures against their crime reducing potentials, while the latter highlights punishment as censure of wrongful acts and the proportion of the punishment to the degree of crime. The article briefly discusses the empirical research on the impact of penal sanctions and focuses on three main kinds of empirical research into possible general deterrent effects—namely, association studies, quasi-experimental studies, and contextual and perceptual studies. (...) It addresses the methodological issues involved in deterrence research and summarizes the results precisely. This article also discusses reductivism in the view of the possibility that penal sanctions could influence the offender's will. The results suggest that crime preventive aims can justify sentencing policies only to a limited degree, at least for the foreseeable future. (shrink)

Over the past decade the use of closed circuit television (CCTV) as a means of crime prevention has reached unprecedented levels. Though critics of this development do not speak with one voice and have pointed to a number of different problems in the use of CCTV, one argument has played a dominant role in the debate, namely, that CCTV constitutes an unacceptable violation of people’s right to privacy. The purpose of this paper is to examine this argument critically. (...) It is suggested that the argument is hard to sustain. (shrink)

In this paper, I discuss whether it is ever morally permissible to diminish the cognitive abilities or capacities of some cognitively gifted offenders whose ability to commit their crimes successfully relies on them possessing these abilities or capacities. I suggest that, given such cognitive diminishments may prevent such offenders from re-offending and causing others considerable harm, this provides us with at least one good moral reason in favour of employing them. After setting out more clearly what cognitive diminishment may consist (...) of, I then critically discuss variations of four plausible arguments against a proposal of using them on cognitive gifted offenders related to autonomy, harm, narrative identity, and a right to mental self-determination. I argue that none of these concerns should have us reject the use of cognitive diminishments. (shrink)

In this essay, I critically evaluate the new South African state's approach to crime prevention in light of the Kantian principle of respect of persons. I show that the five most common explanations of why the state must fight crime are unconvincing; provide a novel, respect-based account of why justice requires the state to prevent crime; and specify which crime fighting techniques the state must adopt in order to meet this requirement. Reviewing the South African (...) state's criminal justice policies and practices since 1994, I also argue that it has failed to fulfill its obligation to fight crime, which failure is neither excused nor justified. -/- . (shrink)

According to the Finnish Penal Code a corporation may be sentenced to a corporate fine if a person who is part of its statutory organ or other management or who exercises actual decision-making authority therein 1) has been an accomplice in an offence or allowed the commission of the offence, or 2) if the care and diligence necessary for the prevention of the offence has not been observed in the operations of the corporation. Criminal liability of legal persons is (...) based on the intentional or negligent acts of individuals who are in a certain relationship with the corporation. The Finnish legal doctrine clearly rejects the identification theory according to which an individual is considered as acting not for a company but as a company. According to Finnish scholarly writings, the acts of an individual offender could be attributed to the legal person under certain conditions not as acts of the legal person but as acts of the individual for the company. Nonetheless, Finnish law does not abandon the fault requirement. In this respect, Finnish law differs from the traditional common law theory of vicarious liability. (shrink)

IntroductionWith a definition that is evolving, a serious component of the contract cheating issue involves individuals paying a third-party to complete assessment items for them and then submitting this work as if it were their own. The issue of contract cheating poses a significant problem for tertiary institutions. The research literature conducted to date has addressed contract cheating, yet few papers discuss theory-based prevention strategies, and even fewer still evaluate the impact of theory-based prevention strategies.Case descriptionThis paper discusses (...) a case study of contract cheating that was identified in a business simulation operating in a capstone unit at a large Australian university. The problem is outlined, the theory-based intervention is explained, and the impact on the contract cheating problem is quantified.Discussion and evaluationBuilding on a platform provided by criminological theory and crime prevention practice, the Unit Coordinator systematically adjusted a large number of assessment elements to ensure contract cheating was less likely. Importantly, this intervention was effective but also did not disadvantage students who were not engaging in contract cheating.ConclusionsOverall, this paper connects criminological theory and crime/problem prevention practice with academic misconduct issues with the intent of demonstrating there is potential to minimise the opportunity for contract cheating by altering the opportunity structures for assessment items. Crucially, this can be done without impeding genuine student efforts and does not depend on apprehension and conviction. (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)

The article focuses on the analysis of preparation of crime prevention programmes in Lithuania and assesses their level of compliance with the methodological requirements for programme preparation. Many crime prevention programmes are approved and implemented at national level in Lithuania. If such programmes were prepared in accordance with the principles and methods recommended in the scientific literature, the efficiency of crime prevention programmes would undoubtedly increase. In Lithuania, a number of studies on the efficiency (...) of the existing crime prevention programmes were carried out; however, none of them assessed the level of compliance of such programmes with the methodological requirements for the preparation of such programmes. The object of the study – crime prevention programmes in Lithuania. The goal of the study is to analyse the preparation of crime prevention programmes currently available in Lithuania, to identify major problems related to the preparation of such programmes, and to suggest possible solutions to these problems. In order to achieve that goal, the article lists and defines the main general aspects of crime prevention, and carries out an analysis of the principles and methodological aspects of preparation of crime prevention programmes. Subsequently, the crime prevention programmes available in Lithuania are analysed and their level of compliance with the methodological requirements for such programmes is assessed. Major problems related to the preparation of such programmes are defined. Research methods. Analysis of scientific literature, comparative analysis, analysis of legal documents, content analysis, statistical data analysis, systemising and generalisation. Main results and conclusions: • After investigating 49 crime prevention programmes it was found that none of the examined programmes conformed to all of the 16 criteria of the methodological requirements applicable for preparation of such programmes. Most of the crime prevention programmes have the following weaknesses: o problem-solving is formulated vaguely and inaccurately – the main problem for which the programme is created is not distinguished and its extent and content cannot be determined by objectively measurable indicators. o Permanence of solving problems is not defined – the programmes did not provide data showing the duration of an underlying problem. o Unidentified negative consequences of the phenomenon – negative consequences of the problem are not revealed, the damage is not assessed. o The goals do not correspond to the problem – the results of the goals, which would be expressed in terms of changes to be achieved, describing changes to the extent and/or content of the problem are not determined. o The goals are not concrete and exact – the objects of impact, their changes and expected results are not defined. o The goals are incomprehensible – they are vaguely formulated and treated like tasks. o Non-specific tasks – there are no outcomes measurable by objective indicators, after achieving that the tasks are resolved. o The potential effectiveness of the selected measures is not specified - there is no indication on the grounds of the conclusion as to the potential effectiveness of each measure. o The financial costs of implementing measures are not estimated. o The expected results are not determined - there is no indication as to the changes to be determined by the implementation of the programme. o There are no criteria provided for the assessment of effectiveness and impact. o The participation of the non-governmental organisations and individuals in the implementation of the measures is not defined. • On average, crime prevention programmes meet 6.8 of the criteria (out of the 16 criteria analysed). This means that on average the programmes meet less than half of all the criteria used. • Only 20 (41%) crime prevention programmes meet half or more of the criteria examined. Proposal. Given the irrational use of the allocated resources for the implementation of the poorly developed crime prevention programmes, the Government of the Republic of Lithuania should develop and adopt a mandatory and not a guidance methodology for the preparation of programmes, to be used by anyone preparing programmes financed from the state budget. (shrink)

The proliferation of big data analytics in criminal justice suggests that there are positive frames and imaginaries legitimising them and depicting them as the panacea for efficient crime control. Criminological and criminal justice scholarship has paid insufficient attention to these frames and their accompanying narratives. To address the gap created by the lack of theoretical and empirical insight in this area, this article draws on a study that systematically reviewed and compared multidisciplinary academic abstracts on the data-driven tools now (...) shaping decision-making across several justice systems. Using insights distilled from the study, the article proposes three frames for understanding how the technologies are portrayed. Inherent in the frames are a set of narratives emphasising their ostensible status as vital crime control mechanisms. These narratives obfuscate the harms of data-driven technologies and evince idealistic imaginaries of their capabilities. The narratives are bolstered by unequal structural arrangements, specifically the unevenly distributed digital capital with which some are empowered to participate in technology development for criminal justice application and other forms of penal governance. In unravelling these issues, the article advances current understanding of the dynamics that sustain the depiction of data-driven technologies as prime crime prevention and law enforcement tools. (shrink)

The ‘learning society’ expresses principles of a universal humanity and a promise of progress that seem to transcend the nation. The paper indicates how this society is governed in the name of a cosmopolitan ideal that despite its universal pretensions embodies particular inclusions and exclusions. These occur through inscribing distinctions and differentiations between the characteristics of those who embody a cosmopolitan reason that brings social progress and personal fulfilment and those who do not embody the cosmopolitan principles of civility and (...) normalcy. Mapping the circulation of the notion of the ‘learning society’ in arenas of Swedish health and criminal justice, and Swedish and US school reforms is to examine the mode of life of the citizen of this society, the learner, as an ‘unfinished cosmopolitanism’ and also directs attention to its ‘other’—those that are outside. (shrink)

This symposium contribution offers a reconsideration of a range of “vice crime” legislation from late nineteenth and early twentieth century American law, criminalizing matters such as prostitution, the use of opiates, illegal gambling, and polygamy. According to the standard account, the original justification for these offenses was purely moralistic and paternalistic ; and it was only later, in the late twentieth century, that those who supported such legislative initiatives sought to justify them in terms of their ability to prevent (...) harms. This piece argues that the rationale for these vice crimes laws was much more complicated than has traditionally been thought, encompassing not just moralistic justifications but also a wide range of harm-based rationales—similar to those that underlie modern, technocratic, “preventive justice” legislation involving matters such as anti-social behavior orders, sex offender registration, stop-and-frisk policing, and the fight against terrorism. (shrink)

What is to be â € œprotectedâ € is US power and the interests it represents, not the world, which vigorously opposed the conception. Within a few months, studies revealed that fear of the United States had reached remarkable heights, along with distrust of the political leadership. An international Gallup poll in December, barely noted in the US, found virtually no support for Washingtonâ €™ s announced plans for a war in Iraq carried out â € œunilaterally by America and (...) its alliesâ €: in effect, the US - UK â € œcoalition. â €. (shrink)

By comparison with the prevention of terrorism, the prevention of acts of organized crime might be thought easier to conceptualize precisely and less controversial to legislate against and police. This impression is correct up to a point, because it is possible to arrive at some general characteristics of organized crime, and because legislation against it is not obviously bedeviled by the risk of violating civil or political rights, as in the case of terrorism. But there is (...) a significant residue of legal, moral and political difficulty: legislation against organized crime is hard to make effective; the harm of organized crime is not uniform, and so some preventive legislation seems too sweeping and potentially unjust. More fundamentally, the scale and rewards of organized crime are often dependent on mass public participation in markets for proscribed goods, which may point to a hidden public consensus in favour of some of what is criminalized. For all of these reasons, I argue that existing preventive policing and legislation against organized crime may be harder to justify than their counterparts in counter-terrorism, at least in the UK. (shrink)

I first offer an account of serious crime that goes beyond victimizing crimes committed by individuals against other individuals. This approach extends the well-known framework offered by von Hirsch and Jareborg that relates seriousness of crime to different standards of living that can be enjoyed by victims of crime as the result of crime. The revised account of serious crime is then related to the idea of preventing serious crime by the introduction of offences (...) consisting of steps in the preparation of serious crime. (shrink)

Traditional notions of crime control often position the police against an individual, known or not yet known, who is responsible for the commission of a crime. However, with increasingly sophisticated technology, policing increasingly prioritizes the prevention of crime, making it necessary to ascertain who, or what class of persons, may be the next likely criminal before a crime can be committed, termed predictive policing. This causes a shift from individualized suspicion toward predictive profiling that may (...) sway the expectations of a police patrol. Classically, where a patrol officer forms reasonable suspicion prior to a stop, it is based upon his/her analysis of the situation taken as a whole in context. However, where a predictive profile is employed, information available to the officer accordingly adjusts his/her perception of context and affects the application of the reasonable suspicion standard. This article addresses the way in which new approaches to forming reasonable suspicion affect the due process protection of individuals’ fundamental rights. It argues that while an officer still operates with good faith discretion, using predictive profiling causes reasonable suspicion to be based on an augmented understanding of reality and as a result, due process guarantees are weakened. The rights to non-discrimination and the presumption of innocence are assessed and argued as illustrative of this weakening and shift in policing standards. The article ultimately argues that while predictive policing cannot be categorically labeled as inconsistent with criminal justice, changes as seemingly moderate as the manner in which discretion operates have larger effects on individuals’ rights. (shrink)

On September 9, 2013, diplomats and civil society activists gathered in a ballroom in New York to welcome Jennifer Welsh as the UN Secretary-General's new Special Adviser on the Responsibility to Protect. In her first public appearance in that role, Special Adviser Welsh explained that one of her top priorities would be “to take prevention seriously and to make it meaningful in practice.” “In the context of RtoP,” Welsh added during the discussion, “we are talking about crimes, and crimes (...) have implications in terms of how we deal with them. You'll hear me say that a lot.” Welsh's approach of treating RtoP as a principle that is primarily concerned with prevention and is firmly linked to international crimes neatly captures the evolution of RtoP since its formal acceptance by states at the 2005 UN World Summit. Paragraphs 138 to 140 of the World Summit's Outcome Document not only elevated the element of prevention to a prominent place within the principle of RtoP but also restricted the scope of RtoP to four specific crimes under international law: genocide, war crimes, ethnic cleansing, and crimes against humanity. The crime and prevention–focused version of RtoP has subsequently been defended and promoted by Secretary-General Ban Ki-moon and by UN member states. This article seeks to systematically explore some of the implications of linking RtoP to the concept of international crimes, with a particular focus on the preventive dimension of RtoP, the so-called responsibility to prevent. What, then, are the consequences of approaching the responsibility to prevent as the prevention of international crimes?In order to systematically examine this question, this article turns to literature from criminology. While the criminological perspective has so far been neglected in debates on RtoP, the prominent criminologists John Hagan and Wenona Rymond-Richmond argue vehemently that “criminology is crucially positioned to contribute understanding and direction to what the United Nations has mandated as the ‘Responsibility to Protect’ groups that are threatened with mass atrocities.” For the purpose of this article, the label “criminology” comprises domestic criminology, supranational criminology, and international criminal law. While insights from supranational criminology and international criminal law are directly applicable to international crimes, translating knowledge generated in relation to crimes at the domestic level to atrocity crimes at the international level is, of course, not without challenges. Reasoning by analogy is an important method in this regard, though given the anarchical nature of international society some analogies will inevitably be imperfect. The benefits of such an approach, if carefully employed, however, outweigh the risks. (shrink)

The crime is difficult to predict; it is random and possibly can occur anywhere at any time, which is a challenging issue for any society. The study proposes a crime prediction model by analyzing and comparing three known prediction classification algorithms: Naive Bayes, Random Forest, and Gradient Boosting Decision Tree. The model analyzes the top ten crimes to make predictions about different categories, which account for 97% of the incidents. These two significant crime classes, that is, violent (...) and nonviolent, are created by merging multiple smaller classes of crimes. Exploratory data analysis is performed to identify the patterns and understand the trends of crimes using a crime dataset. The accuracies of Naive Bayes, Random Forest, and Gradient Boosting Decision Tree techniques are 65.82%, 63.43%, and 98.5%, respectively, and the proposed model is further evaluated for precision and recall matrices. The results show that the Gradient Boosting Decision Tree prediction model is better than the other two techniques for predicting crime, based on historical data from a city. The analysis and prediction model can help the security agencies utilize the resources efficiently, anticipate the crime at a specific time, and serve society well. (shrink)

(2006). Responding to acts preparatory to the commission of a crime: Criminalization or prevention? Criminal Justice Ethics: Vol. 25, No. 2, pp. 23-39.

Traditional means of crime prevention, such as incarceration and psychological rehabilitation, are frequently ineffective. This collection considers how crime preventing neurointerventions could present a more humane alternative but, on the other hand, how neuroscientific developments and interventions may threaten fundamental human values.

One way to seek to reduce the risk of potential offenders engaging in certain types of crime in a public or semi-public area is to make it much more difficult, or even impossible, for them to gain access to the area in question and subject them to a sanction if they do enter the area. This paper considers whether preventive exclusion of this kind should be considered a pro tanto morally impermissible means of crime prevention because it (...) violates the agency of those excluded. Several variants of this agency objection to preventive exclusion are identified and critically assessed. It is argued that none persuasively show preventive exclusion to be pro tanto morally wrong. (shrink)

Preface: help! my brainchild's been kidnapped! -- Intellectual misconduct: backwards, forward, and sideways -- The world of scholarship: rituals and rewards, norms and departures -- Structural and organizational causes of scholarly misconduct -- Cultural causes of scholarly misconduct -- Individual and situational causes of scholarly misconduct -- Scholarly misconduct as crime -- Criminological theory and scholarly crime -- Implications for theory and research -- Preventing and controlling scholarly crime -- Afterword: against all odds, a code is born.

When should we make use of the criminal law? Suppose that a responsible legislature seeks to enact a morally justifiable range of criminal prohibitions. What criteria should it apply when deciding whether to proscribe conduct? Crimes, Harms, and Wrongs is a philosophical analysis of the nature, significance, and ethical limits of criminalisation. The authors explore the scope and moral boundaries of harm-based prohibitions, proscriptions of offensive behaviour, and 'paternalistic' prohibitions aimed at preventing self-harm. Their aim is to develop guiding principles (...) for these various grounds of state prohibition, including an analysis of the constraints and mediating factors that weigh for and against criminalisation. Both authors have written extensively in the field. In Crimes, Harms, and Wrongs they have reworked a number of well-known essays and added several important new essays to produce an integrated, accessible, philosophically-sophisticated account that will be of great interest to legal academics, philosophers, and advanced students alike"--Provided by publisher. (shrink)

If crime is a social problem, then ways of preventing it must be sought. Punishment has been the traditional approach to preventing crime, either as a deterrent, or as a means of reforming the offender. Neither of these approaches is wholly acceptable. Even if deterrence punishment, as grounded in utilitarianism, effectively prevents crime, there may be other methods which produce better results. Reform fails to justify any form of punishment since not only does punishment not reform, but (...) it interferes with the reformative process. Reform is limited in scope to those people who commit crimes and are caught. If crime is to be prevented, then it is necessary to go beyond the crime and the criminal and consider the social contexts in which people act, and the ways in which they learn to react to them. By shaping both the environment and people's responses to it, society can solve the problem of preventing crime, without the need for punishment. (shrink)

Crime, Justice and Human Rights is an introduction to the philosophy, law and politics of human rights, uniquely tailored to criminologists and criminal justice practitioners. Integrating human rights and criminological frameworks across a range of subject areas - from criminalization and state crime, to crime prevention and critical analyses of the operation of the police, courts and penal system - the authors highlight both the potential and the limitations of human rights in informing new directions in (...) criminology. Featuring case material from Europe, North America, Australia and beyond, this critical, multidisciplinary text supports the teaching of human rights across a wide range of criminological topics, and assists students, researchers and independent readers to incorporate human rights paradigms into their criminological analysis. (shrink)

In some jurisdictions, the institutions of criminal justice may subject individuals who have committed crimes to preventive detention. By this, I mean detention of criminal offenders (i) who have already been punished to (or beyond) the point that no further punishment can be justified on general deterrent, retributive, restitutory, communicative or other backwardlooking grounds, (ii) for preventive purposes—that is, for the purposes of preventing the detained individual from engaging in further criminal or otherwise socially costly conduct. Preventive detention, thus understood, (...) shares many features with the quarantine measures sometimes employed in the context of infectious disease control. Both interventions involve imposing (usually severe) constraints on freedom of movement and association. Both interventions are standardly undeserved: in quarantine, the detained individual deserves no detention (or so I will, for the moment, assume), and in preventive detention, the individual has already endured any detention that can be justified by reference to desert. Both interventions are, in contrast to civil commitment under mental health legislation, normally imposed on more-or-less fully autonomous individuals. And both interventions are intended to reduce the risk that the constrained individual poses to the public. Yet despite these similarities, preventive detention and quarantine have received rather different moral report cards. (shrink)

A solution to the problem of “overcriminalization” appears to be decriminalization of certain crimes. This Essay focuses on a group of crimes that has been labeled “proxy crimes” as a candidate to be eliminated. What are proxy crimes? Douglas Husak defines them as “offenses designed to achieve a purpose other than to prevent the conduct they explicitly proscribe.” Michael Moore describes them as involving situations where we “use one morally innocuous act as a proxy for another, morally wrongful act or (...) mental state.” Put that way, proxy crimes seem highly problematic, and Larry Alexander and Kimberly Ferzan bluntly put it, “We reject proxy crimes.” This Essay asks whether we should reject proxy crimes by presenting and evaluating Alexander and Ferzan’s treatment of the subject. After describing several different types of crimes that may be characterized as proxy crimes and Alexander and Ferzan’s rejection of most of them and their arguments for doing so, this Essay argues that their rejection of proxy crimes is incomplete, which leaves their theory open to a range of possibilities regarding the proper place of proxy crimes in criminal law. This Essay concludes that getting a handle on the problem of proxy crimes and overcriminalization requires a theory of the state and an articulation of the proper relationship between the state and its citizens that can give guidance on when the state can demand obedience from citizens to support the state and when failures to comply with such demands render one criminally culpable. Without such a theory, proposals to address overcriminalization cannot travel very far. (shrink)

I defend a form of preventive detention through the creation of an offence of ‘being a persistent violent dangerous offender’. This differs from alternative proposals and actual habitual offender laws that impose extra periods of incarceration on offenders after they have completed the sentence for their most recent crime or as a result of a certain number of prior convictions. I, instead, would make ‘being a persistent violent dangerous offender’ an offence itself. Persons to be preventively detained would be (...) tried and convicted of this offence. My approach would then have one significant advantage: provided the elements of being a PVDO could be rendered sufficiently determinate, punishing persons under such an offence would comport with central rule of law values, most importantly legality and fair notice, as well as principles of proportionality in sentencing. (shrink)

Healthcare trends, stressors, and workplace violence -- Patient privacy and exploitation -- Abuse and assault -- Fraud and theft -- Suspicious death and homicide -- Investigations, sanctions, and discipline -- Prevention strategies and the future of healthcare crime.

This thesis examines some of the legal philosophical issues that are implicated in the problem of outcome luck. In the context of criminal law, the problem asks whether we should hold agents criminally liable for the consequences of their actions given that those consequences are never wholly within anyone’s control. I conclude that outcomes should matter to an agent’s liability and punishment, and I make this argument indirectly by examining some of the foundational questions in legal theory. The thesis begins (...) by considering a current trend in some areas of philosophy. This trend involves attempts to address philosophical problems surrounding luck by doing conceptual analyses on the nature of luck. Chapter 1 critically examines modal theories, which conceptualize luck, as well as the related concept of risk, in terms of close possible worlds rather than probabilistic likelihood. I argue that not only are modal theories uninformative, but conceptual analyses on luck are unhelpful in addressing philosophical questions surrounding luck. Chapter 2 then returns to the traditional notion of luck as lack of control, and focuses on the relationship between luck, risk, and culpability. Some theorists argue that culpability, for any offence, is in part a function of the degree of risk the agent imposes on others. In the context of criminal law, degrees of luck and risk can both be understood in terms of degrees of control, so the suggestion that culpability is a function of the level of risk imposed (and thus of the degree of control an agent exercises) is attractive for insulating culpability judgments from luck. However, I argue that this view is mistaken because culpability is only sensitive to risk in reckless actions, but not in purposeful actions. The problem of outcome luck may raise different questions for reckless actions and purposeful actions. Chapter 3 looks at the mens rea element of criminal attempts, which is crucial for understanding the problem of luck in the context of purposeful actions. I discuss a variation of what are sometimes referred to as impossible attempts, which have helped shape current English law. I argue that the current doctrine is largely correct, and that perhaps with the exception of few paradigm sexual offences, the mens rea element for attempts should require a direct intention as to the consequence element of an offence, and knowledge or belief as to the circumstance element of that offence. Chapters 4 and 5 then look at normative justifications of criminal punishment. In order to understand whether outcomes should matter for punishment, we must first understand whether and why punishment is an appropriate response to criminal offending. Here, I defend a communicative theory, where punishment is a communicative process between the offender, the political community, and the victim. What punishment communicates is the appropriate degree of censure that is warranted in response to the offender’s wrongdoing. And in doing this, it publicly recognizes the wrong that has been committed by the offender. Chapter 4 offers a detailed explanation of this account, and argues that the political community’s recognition of wrongdoing is a valuable aim of communication. Chapter 5 then takes up a crucial challenge against communicative theories of punishment, which is that such theories fail to take crime prevention seriously. Against this criticism, I will show that general prevention can in fact be an essential part of communicative punishment. And I will show that it is specifically the political community’s recognition of wrongdoing that entails punishment’s preventive aims. (shrink)

When the state aims to prevent responsible and dangerous actors from harming its citizens, it must choose between criminal law and other preventive techniques. The state, however, appears to be caught in a Catch-22: using the criminal law raises concerns about whether early inchoate conduct is properly the target of punishment, whereas using the civil law raises concerns that the state is circumventing the procedural protections available to criminal defendants. Andrew Ashworth has levied the most serious charge against civil preventive (...) regimes, arguing that they evade the presumption of innocence. After sketching out a substantive justification for a civil, preventive regime, I ask what Ashworth’s challenge consists in. It seems that there is broad disagreement over the meaning and requirements of the presumption of innocence. I thus survey the myriad possibilities and extract two claims that have potential bearing on preventive regimes. One claim is that of substantive priority—the criminal law comes first when assessing blame. This is the claim at the root of objections to pretrial detention based on consideration of the crime charged. The second strand of argument is one of procedural symmetry. This is the concern that with respect to citizen/state relations, certain procedures are required, including, for example, proof beyond a reasonable doubt as to the offense or defense. Having extracted these claims, I then assess their applicability with respect to the preventive regime defended. I first conclude that the criminal law must share blame and censure with other fora, and thus, the criminal law only has substantive priority when criminal proceedings have been instituted. I then survey whether procedural symmetry is required, specifically assessing whether the preventive regime I defend requires proof beyond a reasonable doubt. My tentative conclusion is that proof beyond a reasonable doubt is warranted. (shrink)

This paper focuses on the role of punishment as a critical social mechanism for cheating prevention in MMORPGs. The role of punishment is empirically investigated in a case study of the MMORPG Tibia and by focusing on the use of bots to cheat. We describe the failure of punishment in Tibia, which is perceived by players as one of the elements facilitating the proliferation of bots. In this process some players act as a moral enterprising group contributing to the (...) reform of the game rules and in particular to the reform of the Tibia punishment system by the game company. In the conclusion we consider the ethical issues raised by our findings and we propose some general reflections on the role of punishment and social mechanisms for the governance of online worlds more generally. (shrink)

The aim of this book is to deepen our understanding of financial crimes as phenomena. It uses concepts of existential philosophies that are relevant to dissecting the phenomenon of financial crimes. With the help of these concepts, the book makes clear what the impact of financial crimes is on the way a human being defines himself or the way he focuses on a given notion of humankind. The book unveils how the growth of financial crimes has contributed to the increase (...) of the anthropological gap, and how the phenomenon of financial crimes now distorts the way we understand humankind. Using the existential philosophies of Kierkegaard, Nietzsche, Jaspers, Buber, Heidegger, Marcel, Tillich, and Sartre, the book sheds light on how these philosophies can help to better perceive and describe financial crimes. The book provides readers with existential principles that will help them be more efficient when they have to design and implement prevention strategies against corporate crime. (shrink)