The question addressed here is whether evidence concerning defendants' past criminal records should be introduced at their trials because such evidence reveals their character and thus reveals whether they are the kinds of persons likely to have committed the crimes with which they are currently charged. I strongly caution against the introduction of such evidence for a number of reasons. First, the link between defendants' past criminal records and claims about their standing dispositions to think and act is (...) tenuous, at best. Second, noncharacter, or trace, evidence should have primacy in determining the guilt or innocence of defendants. Third, character evidence will vary in its freshness and specificity. Other things being equal, only relatively fresh and specific character evidence has probative value. Moreover, such evidence will have greater probative value in criminal cases where the issue before the court is whether a crime has been committed than in cases where the issue is whether it was the defendant who committed the crime. Finally, we might be more sanguine about the introduction of fresh and specific character evidence under conditions likely to work against its misuse or misinterpretation. However, the relevant conditions may not often be satisfied in the real world of criminal trials and defendants. (shrink)

Employers’ access to and use of criminal records as a selection mechanism in the labor market makes it far more difficult for ex-offenders to find jobs, especially regular, well-paid jobs, than those without criminal convictions. The paper asks whether there is anything morally problematic about this practice. The aims of the paper are twofold. First, arguments based on premises of wrongful discrimination against the current, commonest use of criminal records are critically discussed. It is argued that employers (...) do not necessarily engage in morally wrongful discrimination against job applicants when they use criminal records in recruitment screening. But it is also argued that ex-offenders who apply for jobs are subject to what can be called “structural and morally wrongful discrimination” when laws allow employers to request (or directly access) a job applicant’s full criminal record. Second, preliminary proposals on how criminal records can be used by employers in a way that avoids wrongful structural discrimination of ex-offenders will be presented and critically assessed. I suggest that it should be lawful for an employer to access an applicant’s criminal records only where there is a relevant and special match or link between the crime on the records and the job being applied for and the crime is serious. This proposal is defended against two objections, one based on concerns about crime prevention and the other based on the employer’s interest in knowing whom not to hire. (shrink)

The evidence suggests that employers discriminate against ex-offenders in the labour market. The problem is potentially serious as it involves a substantial proportion of the population, especially the male population. Since research has shown that most people with prior convictions stop offending by their late 20s or early 30s, the validity of selection based on criminal record remains questionable. This paper examines the need for legal protection of ex-offenders by limiting employers' access to, and use of, information on (...) criminal background. The rights and interests of the various parties involved, employers, ex-offenders, and the general public, are discussed. Approaches to the legal protection of ex-offenders in Australia are reviewed and legislative changes proposed. (shrink)

Beyond Punishment provides a thought-provoking analysis of the negative legal consequences of criminal convictions that fall outside formal sentences imposed on individuals for their offenses. In m...

As assisted reproductive technologies become increasingly popular, debate has intensified over the ethical justification for restricting access to ART based on various medical and non-medical factors. In 2010, the Australian state of Victoria enacted world-first legislation that denies access to ART for all patients with certain criminal or child protection histories. Patients and their partners are identified via a compulsory police and child protection check prior to commencing ART and, if found to have a previous relevant conviction or child (...) protection order, are given a “presumption against treatment.” This article reviews the legislation and identifies arguments that may be used to justify restricting access to ART for various reasons. The arguments reviewed include limitations of reproductive rights, inheriting undesirable genetic traits, distributive justice, and the welfare of the future child. We show that none of these arguments justifies restricting access to ART in the context of past criminal history. We show that a “presumption against treatment” is an unjustified infringement on reproductive freedom and that it creates various inconsistencies in current social, medical, and legal policy. We argue that a state-enforced policy of restricting access to ART based on the non-medical factor of past criminal history is an example of unjust discrimination and cannot be ethically justified, with one important exception: in cases where ART treatment may be considered futile on the basis that the parents are not expected to raise the resulting child. (shrink)

Accurate and valid data on criminality are the foundations of any efficient crime policy and crime prevention. However, modern criminal justice and crime prevention has to deal with multiple, often conflicting sources of data. Our paper considers the prospects of integration of the most important data on criminality:victimological and recorded data. The way of their integration – a two-rays approach (RAS) – has been proposed. A new integrated criminality research tool, able to combine victimological and recorded data has been (...) developed. This tool was used in the nation-wide representative study of criminality in Lithuania. The outcomes of this study and the integrated (“two-ray”) investigation of criminality are discussed. (shrink)

This paper considers the problem of how to evaluate an offender’s criminal record. This evaluation is part of the sentencing process carried out by a judge, and may be complicated in the case of offenders with a heavy record. We give a comprehensive overview of the approach to an offender’s past record in various (Western) countries, considering the two major approaches: desert-based and utilitarian. The paper describes the determination of the parameters involved in the evaluation, and (...) the construction of a decision support system to be used by a judge about to pass sentence in a criminal case. The system may be used as a stand-alone system, but can also be integrated as a component of a general sentencing support system, e.g. a statistical sentencing information system. The system is a knowledge-based system. The knowledge base (in rule-form) was created primarily by eliciting knowledge from experts (judges, lawyers, academics and probation officers), but also by applying statutory law, case law and legal authoritative texts. It is flexible in the sense, that a user can introduce his1 own preferences (expressed as numerical coefficients) and thereby apply different sentencing principles. The prototype is at present undergoing testing by some of the participating judges. (shrink)

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

In the United States and elsewhere, when a person with a criminal record is convicted of a new crime and is sentenced, his or her criminal record plays a significant role in the sentencing determin...

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

In the United States, information about a person’s criminal history is accessible with a name and date of birth. Ruth Crampton has studied nurses’ care for prisoner-patients in hospital settings and found care to be perfunctory and reactive. This article examines whether it is morally permissible for nurses in hospital settings to access information about prisoner-patients’ criminal histories. Nurses may argue for a right to such information based on the right to personal safety at work or the obligation (...) to provide prisoner-patients with the care that they deserve. These two arguments are considered and rejected. It is further argued that accessing information about a prisoner-patient’s criminal history violates nurses’ duty to care. Care, understood through Sarah Ruddick’s account as work and relationship, requires nurses to be open and unbiased in order to do their part in forming a caring relationship with patients. Knowledge of a prisoner-patient’s criminal history inhibits the formation of this relationship and thus violates nurses’ duty to care. (shrink)

This book addresses the European Court of Human Rights’ fairness standards in criminal appeal, filling a gap in this less researched area of studies. Based on a fair trial immediacy requirement, the Court has found several violations of Article 6 of the European Convention on Human Rights at the appellate level by at least eighteen States of the Council of Europe in a vast array of cases, particularly in contexts of first instance acquittals overturning and of sentences increasing on (...) appeal. -/- On the one hand, the book critically engages this case-law with the law revisions it has recently inspired in European countries, as well as with the critiques and difficulties that it continues to raise. On the other hand, it interweaves insight from criminal procedure theory with new discoveries in the field of cognitive sciences (neuroscience of memory, philosophy of knowledge, AI), shedding an interdisciplinary light on the (in)adequacy and limits of the Strasbourg Court’s jurisprudence. (shrink)

AI systems, which receive vast amounts of information including privacy information, are emerging. Protecting the privacy of the general public is an important issue for democracies. In this study, “Public space watched by AI- connected cameras” is taken as an example of an AI-system that is expected to be used for public purposes and has a relatively high privacy violation risk. It is defined as a wide public area where every point is monitored by multiple AI-connected street cameras. The following (...) four socially acceptable applications of “Public space watched by AI- connected cameras” are discussed: (1) Human/vehicle tracking, (2) Watching over children, (3) Detection of abnormal situations, (4) Criminal and terrorist behavior pattern analysis. As for privacy protection measures for AI systems, in addition to reliable protection itself, reliable recording and auditing to deter misuse and abuse is considered a prerequisite to ensure that the general public can feel secure. In this paper, the concept of “Verifiable record of AI output”, which is a verifiable and tamper-proof record and disclosure of AI output is proposed. “Verifiable record of AI output” is based on the idea that it may be more realistic to apply a simple exit control only for AI output to confirm rule conformance, rather than anonymizing huge AI inputs such as Big Data or controlling internal AI processes that are black-boxed. A concrete example of implementing “Verifiable record of AI output” in “Public space watched by AI-connected cameras” is proposed. In the “Verifiable record of AI output”, the AI system is enclosed in an outbound firewall, and only AI outputs that are confirmed to be in line with “the purpose of use approved in advance through social discussion” are allowed to be transmitted. The process from application to permission of transmission is anonymized and disclosed in a verifiable and tamper-proof manner. This public record can be verified by the general public or an auditing organization to ensure that any misuse or abuse of the AI system will be exposed. The “Verifiable record of AI output” proposed in this paper is characterized by reliable measurement and recording of AI output, and its disclosure for auditing purposes. The possibility of using this as a template to apply to other AI systems that receive Big Data input, including the privacy of the general public, is considered. (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)

The data mining field in computer science specializes in extracting implicit information that is distributed across the stored data records and/or exists as associations among groups of records. Criminal databases contain information on the crimes themselves, the offenders, the victims as well as the vehicles that were involved in the crime. Among these records lie groups of crimes that can be attributed to serial criminals who are responsible for multiple criminal offenses and usually exhibit patterns in their operations, (...) by specializing in a particular crime category (i.e., rape, murder, robbery, etc.), and applying a specific method for implementing their crimes. Discovering serial criminal patterns in crime databases is, in general, a clustering activity in the area of data mining that is concerned with detecting trends in the data by classifying and grouping similar records. In this paper, we report on the different statistical and neural network approaches to the clustering problem in data mining in general, and as it applies to our crime domain in particular. We discuss our approach of using a cascaded network of Kohonen neural networks followed by heuristic processing of the networks outputs that best simulated the experts in the field. We address the issues in this project and the reasoning behind this approach, including: the choice of neural networks, in general, over statistical algorithms as the main tool, and the use of Kohonen networks in particular, the choice for the cascaded approach instead of the direct approach, and the choice of a heuristics subsystem as a back-end subsystem to the neural networks. We also report on the advantages of this approach over both the traditional approach of using a single neural network to accommodate all the attributes, and that of applying a single clustering algorithm on all the data attributes. (shrink)

This article deals with the dynamics of macro- and micro-level crime. It is followed by the description of crime trends and reviews research on the factors associated with its rise and decline. The discussion concerns six categories, namely, demography and economic conditions; policing and incarceration; drugs, guns, and gangs; community and environmental factors; lifestyle and culture; and crime reporting and recording. The goal of this review is to provide an insight into the literature on crime trends. This article also discusses (...) what is known and what needs to be known about the reasons for crime going up and down, and highlights some of the issues faced by those who take up the challenge. It discusses the factors associated with trends in crime and the technical issues involved and addresses their impact, and cross-national significance. (shrink)

This paper considers three possible ways of understanding the claim that the American criminal justice system is racist: individualist, “patterns”-based, and ideology-based theories of institutional racism. It rejects an individualist explanation of institutional racism because such an explanation fails to explain the widespread prevalence of anti-black racism in this system or indeed in the United States. It considers a “patterns” account of institutional racism, where consistent patterns of disparate racial effect mimic the structure of intentional projects of racial subjugation (...) like slavery or Jim Crow. While a “patterns” account helpfully directs attention to the effects of policies and practices that make up an institution, it does not fully explain the deep roots of anti-blackness in the criminal justice system in the United States. The paper concludes by defending an ideology-based theory of institutional racism for understanding the criminal justice system because the stereotype of the black criminal has a mutually reinforcing relationship with the patterns of disparate outcome for black people in the criminal justice system. This relationship creates a looping effect where the stereotype of the black criminal fuels the disproportionate involvement of black people in the criminal justice system, and the disproportionate representation of black people with felony records, in prisons, brutalized in police encounters, and so on reinforces the idea that black people are especially prone to criminality. Ideological approaches to racism that integrate attention to the patterns of disparate effect best explain what it means to say that the criminal justice system is racist. (shrink)

The Case of Jim: Jim was arrested arriving at the house of an unattended minor, having brought with him some alcoholic drinks, condoms, and an overnight bag. Records of online conversations Jim was having with the minor give the court strong evidence that the purpose of this meet-up was to engage in sexual relations with the minor. In the course of searching his home computer, investigators also found child pornography. Jim was charged with intent to sexually abuse a child and (...) possession of child pornography. He was given due process, and convicted, by a jury of his peers, on both counts. This is not the first time that Jim has been convicted of a sexual offence. He had been found guilty of possession of child pornography in the past, and served time for it. What should we do with Jim? (shrink)

Court (Shar’iyya) recordings are at the forefront of primary written sources, which contain important documents related to Turkish history, sociology and culture. The court records shed light on city history of the period concerned with rich information and documents. These records are important books in which the documents related to the judicial, administrative, economic, architectural and social structure of a city as well as diplomatic correspondence between the center and the province were recorded. The purpose of this study is to (...) prepare a detailed catalog in addition to the catalog which was made in 1963 and contained only 119 books specifying only the dates covered by the book number. As we have seen in this study, all of the 119 notebooks in the records do not consist of the court registers in the known form. They are the books that include the records of court proceedings, which are different from those of the court, especially after the Tanzimat e.g. Qassam, Enkiha, Zabt al-Da’wa, Permission and so on. The microfilms of the books were presented to the service of researchers in Sivas Ziya Bey Library of Ancient Works. The originals of the books are in the Prime Ministry State Archives.SummaryShar’iyyaregisters are one of the primary written sources about Turkish history, sociology, and culture relevant to our life. Registry records shed light on the history of city in the relevant period by containing rich information and documents. They are important notebooks, which are related to the judicial, administrative, economic, architectural and social structure of a city, and also in the form of diplomatic correspondence between the central and provincial posts.After the Anatolian Selçuk (Saljūq) State, which collapsed under the pressure and domination of the Iranian Mongols in the last half of the XIIIth century, a state was established in the Selçuk-Byzantine border in the north-west of Anatolia in XIVth century, which did not even lasted a hundred years and had a reign in three continents. In the Bursa inscription, which dated to 1337/8, the second Ottoman Sultan (Sulṭān) Orhan was titled as the mujahedeen (warrior), the sultan of the veterans, son of veteran of veteran. The fact that Orhan carring these titles shows that since the earliest times, the Ottoman sultans considered themselves as the leader of the religious war against the infidels. Since the first years of the establishment of the Ottoman State, the Sharīʿa ruled on the establishment of administration and for this reason, they established institution of the Shaykh al-Islām(the chief juristconsult). Firstly, by appointing a subaşı(subashi, an Ottoman gubernatorial title) to the conquered places, then it gradually began to establish judicial courts from the smallest areas.In the XVth century, the number of qāḍī increased in parallel with the increase in their jurisdiction as a result of the expansion of the Ottoman Empire, and the proliferation of the administrative units called sancak, (sanjaq, division of a province) and so the failure of oneqāḍīto satisfy court affairs of an entire sanjaq. New districts arose from some of the former large districts. As a result of this in the XVIth century, the administrative system of the sanjaq's Tımar system and at the same time a geographical integrity of the districts/provinces to see the legal work of a qāḍī to pass by the districts and sub-district as a legal caused to occur two legal definitions that is legal and military administrative. Records of qāḍīs, which is called as sicilemerged because it was their duty to record their works and orders issued to them and the answers and the provisions given to them.The courts of Shar’iyyaserved as primary general courts (maḥākim-i ʿumūmiye) until the declaration of the Tanẓīmāt in the Ottoman Empire and heard the suit at legal, criminal, administrative, military, financial and all kinds of cases. Tanẓīmāt period, or rather Maḥmūd II and the period following him, the judicial organs in terms of reorganization was a circuit that was on the scene.In this way, which was occurred in the judicial system, records which were kept in the Meşihat (Mashīkhat) began to diversify depending on this change. Since in the registry books, which we call classical, all correspondence between the central and provincial offices were recorded. Records such as pleas, letters of patent, verdicts, order of the high, bonds etc. could be found in these documents.These records, which are one of the most important sources of an Ottoman city history, were kept in the museums and libraries of the cities until recently. A few years ago, these records, with a correct decision, were collected in the Prime Ministry Ottoman Archives and it was preserved and presented to the use of researchers by transferring them into digital. The Sivas Court building as it is known in history is now in the Pāshābeg quarter and known as the Court Bazaar in these days. There is no clear information about when the court was built in Sivas. In time, changes have occurred in cities and we are losing the historical side of them. In addition, the fact that people acted in an unconscious manner that would harm the historical texture was the biggest factor in disappearance of material remains. With the remaining physical materials available, we can only access crumb information and we can only make predictions. In this evaluation, the biggest materials are the documents and notebooks, which are the memory of city dates. However, it is understood from the records that there is a foundation belonging to this court and some of the court's repair and maintenance works were carried out by this foundation. As it is understood from a document dated 14 August 1798, one of the repairs was sponsored by Ḥüseyin Efendī. In an inscription dated 1906, which was found during the renovation of the basement of an apartment building owned by the General Directorate of Foundations in May 2018, the location of the building was previously known as the Sivas Muftī 's Office.In this study, a total of 240 registry books belonging to Sivas were prepared as in a catalog system. In this study, we have seen that a great deal of records have been lost, burnt or destroyed in a certain way through history. The burn marks in the records of 79 is a striking example in this regard. The book number 139, which is not shown in Osman Ersoy's work, is a record book in classical form. An important case in this study is that the register number 206, which is registered to Sivas, belongs to the province of Burdur and it is also a registry book in classical form. This book covers the dates of 18 M. 1248/23 N.1250 - 1832-1835. (shrink)

Drawing on Brown and Fraser’s (in: Giles, Scherer (eds) Social markers in speech, Cambridge University Press, Cambridge, pp 33–62, 1979) framework for the analysis of communicative situations and Fuentes Rodríguez’s (Lingüística pragmática y Análisis del discurso, Arco Libros, Madrid, 2000; in Estudios de Lingüística: Investigaciones lingüísticas en el siglo XXI, 2009. https://doi.org/10.14198/ELUA2009.Anexo3.04 ) model of pragmatic analysis, this paper examines three home-made recordings featuring some of the members of the terrorist cell responsible for the 2017 vehicle-ramming attacks in Barcelona and (...) Cambrils weighted as evidence during the trial held between November 2020 and May 2021 in the Spanish National High Court. The aim of this qualitative analysis is to test whether the linguistic evidence available supports the allegation that the participation in these recordings by one of the accused, Mohamed Houli Chemlal, had been planned by his interlocutors. Results show, first, that the exchanges analyzed present features indicative of both spontaneity and (limited) planification. Second, that Houli makes key contributions to the unfolding of the interactions shown in the recordings and that he does so in a cooperative and apparently relaxed manner, which could at best provide only partial support to his allegations. It is claimed that forensic linguistic analysis can generate valuable insights within terrorism-related legal proceedings. (shrink)

This article deals with the dynamics of macro- and micro-level crime. It is followed by the description of crime trends and reviews research on the factors associated with its rise and decline. The discussion concerns six categories, namely, demography and economic conditions; policing and incarceration; drugs, guns, and gangs; community and environmental factors; lifestyle and culture; and crime reporting and recording. The goal of this review is to provide an insight into the literature on crime trends. This article also discusses (...) what is known and what needs to be known about the reasons for crime going up and down, and highlights some of the issues faced by those who take up the challenge. It discusses the factors associated with trends in crime and the technical issues involved and addresses their impact, and cross-national significance. (shrink)

In Canada, there have been a growing number of criminal HIV nondisclosure cases where public health records have been subpoenaed to aid in police investigations and/or to be presented in court as evidence against HIV-positive persons. This has led some to suggest that nurses provide explicit warnings about the limits of confidentiality in relation to crimes related to HIV nondisclosure, while others maintain that a robust account of the limits of confidentiality will undermine the nurse–client relationship and the public (...) health goals of reducing HIV/sexually transmitted infection transmission. This article engages with this issue by exploring whether and how public health nurses endeavor to control information about the limits of confidentiality at the outset of HIV posttest counseling. The data indicate variation in practices, as nurses pragmatically balance ethical and professional concerns; although some nurses intentionally withhold information about the risk of subpoena, others report talking to clients about confidentiality in ways that focus on the risk of harm associated with criminalization. The discussion argues that practice variation also illuminates medico-legal relations between health care and the criminal justice system. Data are drawn from qualitative interviews with 30 nurses working at four public health units in Ontario. (shrink)

Based on the examination of 49 Chinese criminal trials transcribed from the audio-visual recordings on the ‘China Court Trial Online’ website ( https://tingshen.court.gov.cn/ ), the institutional participants–prosecutors, defence lawyers, and judges–are found to frequently repeat defendants’ responses (‘other-repetition’), after a question–answer adjacency pair. Other-repetition has been described as a resource for showing participation and familiarity (Tannen 2007), initiating repair and registering receipt (Schegloff 1997), and displaying understanding and emotional stance (Svennevig 2004). However, other-repetition in trial discourse has not been (...) thoroughly researched. Therefore, this article aims to further examine this salient institutional linguistic feature in order to explore stance construction as a third turn. It is common to associate certain prosodic features of a repetition with the stance of the speaker. However, prosody may not be a reliable cue for stance interpretation in Chinese courtrooms, as institutional participants might conceal their stance during a repetition. Though they are more explicit in displaying their stance with turn-initial repeats, the distinction between the prosody of repeats for different functions is not categorical. It is found that defendants are sensitive to the lexicogrammar and multimodal cues for stance interpretation. (shrink)

In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis of the (...) record, this paper: (1) examines relationships between legal errors dealing with availability of the defence of “belief in consent” and interpretation of the “all reasonable steps” provision, the need for retrials, and apprehended race-gender-age bias and discrimination; and 2) proposes incremental and systemic remedies to address the weaknesses in police, prosecutorial and judicial policy and practice highlighted by this case. (shrink)

We live in a wondrous age. Cyberspace, cloning, AI, cosmetic surgery, sex reassignment, organ transplants, and so on are chipping at our notion of the physical body as a stable entity that defines us from the cradle to the grave. But before we start to think of ourselves as ethereal entities for whom body parts are merely resources, Simon Cole presents us with an intriguing history of how we came to equate ourselves with our bodies. Suspect Identities offers clear style, (...) innovative materials, solid research, and instructive analysis. The result is a rich but accessible book that should become an important text for everybody interested in science and society and in the histories of biological thinking and criminal identification.In the first part of his book Cole follows the late‐nineteenth‐century search for reliable physical indicators of social tendencies, potential criminality in particular. This hope, we know, did not materialize. Criminal potentiality could not be read directly from the body. What could be read from the body, however, was the identity of its owner. That may have disappointed the anthropologists and the criminologists, who believed that behavior has biological roots, but it certainly pleased the bureaucrats. Thus, by the end of the nineteenth century, two technologies, anthropometry and fingerprinting, were already used by the growing arms of the state to identify criminals and link them to their history, stored within the burgeoning paper memory of the state.Anthropometry and fingerprinting were developed in different contexts. Anthropometry emerged in the cities of Europe. Fingerprinting developed on the imperial frontiers. Anthropometry, with its careful protocol and exact quantitative measurements of the human bones, enjoyed more scientific credibility. Nevertheless, it was the visual technique of fingerprinting that won the day. The choice, Cole argues, was more than a mere technical decision in favor of a better technique. It was a preference for industrial‐style speed and economy over scientific accuracy and precision. Mechanical in nature, fingerprinting transferred bodily inscriptions of the undifferentiated colonial masses into colonial records with relative ease and effectiveness, and it did not take it long to migrate from the imperial frontiers to the rapidly growing and increasingly anonymous urban centers of Europe and America.In the middle section of the book Cole follows the twentieth‐century brilliant career of fingerprinting, mainly in America. Starting as a record‐keeping technology, a way of identifying criminals and linking them to their past, fingerprinting soon developed into a formidable forensic technique that linked suspects to the scenes of their crimes. What intrigues Cole the most is the wholesale acceptance of fingerprint evidence, even though it always lacked an easily articulated scientific foundation. Fingerprinting, Cole points out, was never subjected to the careful scrutiny that is supposed to be inflicted on scientific and legal facts, and fingerprint experts were allowed remarkable leeway by the courts, testifying with almost complete immunity from attacks. Cole's search for an explanation of this peculiar arrangement produces some fascinating insights concerning the mutually constitutive relations between science and the state and the ways in which certain technologies gain credibility and become as common as flying in the air.In the final part of the book Cole brings his history to bear on our present genetic age. Diagnosing criminals and diagnosing criminality were never clearly distinct. Thus, as Cole points out, every new criminal identification technique—photography, anthropometry, fingerprinting—has stimulated biological theories of criminality. The same happens now with DNA typing, the latest in this long line of technologies. A large number of people expect molecular biology, the science behind DNA typing, to allow us to explain human nature. The history of criminal identification, Cole argues, should teach us to heed the difference between a biological marker and a code and make us skeptical about the likelihood that biological information, genetic or otherwise, will ever provide a full explanation of social behavior. (shrink)

An increasingly long line of high-profile scientific misconduct cases raises the question of whether regulatory policy ought to incorporate more rigorous sanctions for investigators and their institutions. Broad and Wade graphically describe these cases through the early 1980s. They continue to recent times with the cases of Evan Dreyer, Kimon Angelides and Robert Liburdy, Justin Radolf, and others. In addition, recent Congressional investigation into conflict of interest concerns surrounding consulting by National Institutes of Health scientists has raised further questions about (...) ethical standards. The record of continuing scandal suggests that current policy may not be optimal for controlling scientific misconduct. Would an alternative policy better minimize its incidence and associated costs?What should we expect of public policy governing misconduct by American scientists? Surely the public has a right to presume that its tax money is being spent wisely and that any economic rewards from taxpayer funded research are used prudently and in the public interest. (shrink)

Neurological interventions are sometimes used to prevent criminal behavior. For instance, in some jurisdictions, sex offenders can be compelled to undergo treatment designed to reduce sexual desire. As David Birks and Thomas Douglas observe in their introduction to this volume, “chemical castration” may be just the tip of the iceberg. As neuroscience advances, it could reveal many other ways to control criminality. For instance, pharmacological treatments may help combat violent behavior or drug abuse. Such “crime-preventing neurointerventions” have been controversial. (...) On the one hand, proponents argue that CPNs could be both more effective and more humane than incarceration. On the other, critics argue that coercively imposed CPNs violate individual rights and that society has a poor track record of using medical interventions for social control. The nineteen original essays in this book comprehensively cover and effectively advance the moral debate over the appropriate use of CPNs. (shrink)

Medical malpractice has attracted the attention of people and the media all over the world. In Turkey, malpractice cases are tried according to both criminal and civil law. Nurses and midwives in Turkey fulfill important duties in the distribution of health services. The aim of this study was to reveal the legal procedures followed in malpractice allegations and malpractice lawsuits in which nurses and midwives were named as defendants. We reviewed 59 nursing and midwifery lawsuits reported to the Higher (...) Health Council between 1993 and 1998. Health professionals were held liable in 59% of the lawsuits. Midwives had the highest percentage of malpractice liability (52%), followed by physicians (29%) and nurses (19%). To reduce potential liability, nurse education should be improved, a nursing malpractice law should be enacted, and instructions for nursing procedures should be formulated. (shrink)

This study examines the discursive history and interactive aspects of the opening statement in Anglo-American courts. Informed by the concepts of stance and engagement, the study explicates the process of conceptual interaction which turns the jurors into co-constructors of the discourse, thereby making the opening statement fictively dialogic. Drawing upon 51 opening statements as recorded in Proceedings of the Old Bailey, between 1759 and 1789, the qualitative and quantitative analysis reveals that interactive devices are an integral part of the genre, (...) and that pronouns appear to occur most frequently, followed by the lawyers’ use of attitude markers, questions, and reported discourse, respectively. With these devices, the lawyers are likely to be able to prime the jury into viewing the events and participants in a given direction. (shrink)

The policy adopted by housing authorities of denying prospective tenants with a criminal record access to housing is an important barrier to ex-offenders seeking somewhere to live. The policy is legal, but are there any good reasons in favor of it when we know that having no, or limited, access to secure and affordable housing increases the probability of recidivism? The primary aim of this article is to critically discuss two central reasons that have been given for denying (...) people with criminal records access to housing: that doing so will prevent crime, and that the policy reduces fear of crime. We also try to evaluate an argument for the conclusion that current law, and the policies that follows wrongfully discriminate against people with criminal records. The general thrust of the article is that arguments for this practice turning on its crime preventive effect, and its role in reducing or preventing fear of crime, are unpersuasive. We then explained why, in our view, excluding ex-offenders from housing amounts to wrongful discrimination against them. Our analysis suggests that ex-offenders, apart from a few excemptions, ought to be allowed access to housing to the same extent as other people. (shrink)

People convicted of crimes are subject to a criminal sentence, but they also face a host of other restrictive legal measures: Some are denied access to jobs, housing, welfare, the vote, or other goods. Some may be deported, may be subjected to continued detention, or may have their criminal records made publicly accessible. These measures are often more burdensome than the formal sentence itself. -/- In Beyond Punishment?, Zachary Hoskins offers a philosophical examination of these burdensome legal measures, (...) called collateral legal consequences. Drawing on resources in moral, legal, and political philosophy, Hoskins analyzes the various kinds of collateral consequences imposed in different legal systems and the important moral challenges they raise. Can collateral legal consequences ever be justified as forms of criminal punishment or as civil measures? Hoskins contends that, considered as forms of punishment, such restrictions should be constrained by considerations of proportionality and offender reform. He also argues that they may in a limited range of cases be permissible as risk-reductive civil measures. Whether considered as criminal punishment or civil measures, however, collateral legal consequences are justifiable in a far narrower range of cases than we find in current legal practice. -/- Considering just how pervasive collateral legal consequences have become and their dramatic effects on offenders' lives, Beyond Punishment? sheds valuable light on whether these restrictive measures are ever morally justified. (shrink)

In the Netherlands, Forensic Flexible Assertive Community Treatment is used as a specialized form of outpatient intensive treatment. This outreaching type of treatment is aimed at patients with severe and long lasting psychiatric problems that are at risk of engaging in criminal behavior. In addition, these patients often suffer from addiction and experience problems in different areas of their life. The aim of this exploratory study was to gain more insight into the characteristics of the ForFACT patient population. More (...) knowledge about these patients may enhance the effectiveness of ForFACT and therefore reduce the risk of recidivism. Data on 132 ForFACT patients were gathered by studying electronic patient records, criminal records, and by conducting semi-structured interviews with practitioners and patients. Additionally, as part of a cognitive screening, two screening instruments were conducted to gain insight into intelligence and possible mild cognitive impairments. This article gives a broad description of the ForFACT patient population, including demographic data and context variables, diagnostics, recidivism risk and offense history, and aspects related to care. Furthermore, several recommendations are given to further improve ForFACT. Based on the results it can be concluded that the ForFACT patient population shows a high degree of diversity in complex care needs and responsivity issues. Therefore, this article highlights the necessity for ForFACT to collaborate with other mental health institutions, as well as probation officers, and forensic or criminal justice institutions. Moreover, it is important to continually check the inclusion and exclusion criteria when admitting patients to ForFACT, and to examine whether ForFACT is still the most adequate care for patients or if they need to be referred. In addition, the results emphasize the importance of cognitive screening for forensic outpatients. Finally, this study zooms in on the interface between forensic psychiatric care and general mental health care. (shrink)

In Phillip Kerr’s 1994 spellbinding novel A Philosophical Investigation, the medical test to which the protagonist refers is a functional brain scan based on positron emission tomography. It is used to run large studies of male and female brains and, following a lead suggested by animal studies, has been used to identify rare cases of human male subjects who lack the ventral medial nucleus. This nucleus, in the experiment, is hypothesized to inhibit the activity of the sexually dimorphic nucleus, a (...) preoptic area of the male brain believed to be a repository of male aggressive response. Prior research, we learn from the plot, shows that 3 in 100,000 human males are VMN-negative. Thirty percent of those affected are believed to be in prison or to have a criminal record; 70% are believed to stabilize levels of aggression by producing increased levels of estrogen. Identities of subjects participating in the brain scan studies are protected through the conversion of real names to those of famous figures of the past — Bertrand Russell, Charles Dickens. Those for whom results are unfavorable are recontacted, and they are offered counseling. (shrink)

@FP= Although rehabilitation is often considered a type of punishment for criminal offenders, its objectives are therapeutic rather than punitive. While some theories of punishment claim that criminals deserve to suffer for their crimes, the rehabilitative ideal views criminal behavior more like a disease that should be treated with scientific methods available to cure the offender. Many convicts suffer from mental and physical illness, drug addiction, and limited opportunities for economic success and these problems increase the likelihood that (...) they will engage in criminal activity. If we simply incarcerate the convict while she “pays her debt to society,” she will likely reenter it with all of the obstacles that drove her to crime still in place. She will also need to contend with additional difficulties: a criminal record will impact her employment opportunities, she will be older and still without marketable skills or education, her social relationships may have deteriorated while she was in jail, and she may have become further acclimated to criminal culture. Thus incarcerating offenders could actually make them more likely to commit offenses after they are released, and recidivism rates attest to this. A rehabilitative approach would attempt to treat the underlying cause of her transgressions so that she can return to society to become a full and productive citizen. In other words, instead of exacting revenge against criminals and making their lives worse, rehabilitation tries to help them. (shrink)

Drawing on the institutional history of the sperm bank and legacies of eugenics, we consider how spectrums of risk simultaneously constrain and expand possibilities for disability justice. We do so by examining the discourses surrounding US-based Xytex Corporation sperm bank Donor 9623, described as the ‘perfect’ donor but later discovered to have a criminal record and a diagnosis of schizophrenia. Haunted by the dread of disability, we examine how parents mark the fate of their donor-conceived child on a (...) graded spectrum of genetic and psychiatric risk, in need of perpetual monitoring and intervention. Using this case to understand the contemporary reorganization of disability via spectral risk, we advocate for a critical engagement with how disability haunting can enable us to better attend to the effects of the past and present in such a way that provokes a more collectively just future. (shrink)

Repeat offenders receive longer sentences than first offenders in virtually every modern jurisdiction. Such prior-record enhancements are politically popular. Scholars are more divided, especially regarding severe enhancements. Retributivists have long disagreed about which enhancements, if any, are morally justifiable and on what basis. This article advances the debate, offering lessons for retributivists on all sides. I address an intuitive argument that justifies enhancements in terms of character. This argument has been caricatured and dismissed, with defenders of enhancements preferring character-independent (...) arguments. I reconstruct an argument for enhancements that assumes recidivism constitutes evidence of culpability-aggravating character traits. The argument seems at least coherent, inferentially valid, and intuitively plausible. I then raise what I see as the real threats to the argument, which are neither conceptual nor normative, but empirical. I identify some formal features that the character argument requires of culpability-aggravating traits. To support enhancements, such traits must also correlate properly with criminal records. One place to look for characterizations of such traits, and evidence of correlation, is criminology, in theories of criminogenesis and criminality. I conclude that character arguments for prior-record enhancements cannot be dismissed, although their thorough evaluation awaits answers to complex empirical questions. (shrink)

The article examines a series of trials involving the November 1938 destruction of the synagogue in Lörrach, Germany, held between 1947 and 1949. The alleged ringleader of the pogrom was acquitted, as were some of his codefendants. These acquittals, together with the probationary terms offered to several of the defendants, suggest that the South Baden authorities had found they could censure Nazi violence toward Jews through criminal indictment and conviction, while simultaneously reintegrating compromised individuals – some of them now (...) burdened with a criminal record for crimes of violence against Jews – into the new West German polity. The article examines the case in light of Émil Durkheim’s normative-integrative theory of criminal law/criminal deviance, suggesting that the history of the trials requires qualification of Durkheim’s theory as applied to human rights abuses by agents of the nation-state. (shrink)

Summary Our basic intuition seems to suggest that the moral biography of an individual matters in our treatment of the individual. We do keep criminal records on file, and we do care about the moral progress of individuals. At times our desire to fix responsibility seems too strong, and in our zeal we invent a definite, metaphysical character on which to pin crimes. However, some moral philosophers have tried to redirect our attention to affix responsibility in a way that (...) attends to actions, deeds done. Two ways to affix responsibility have been reviewed—the SR and the PRA. In the case of Tom Joad we could arrive at the conviction that Tom was responsible through use of either the SR or the PRA. In the end the difference was not that one method held Tom culpable and one exculpated him. The difference was seen in the way the PRA included the earlier commission of the same crime in its evaluation of responsibility. To include in the evaluation of Tom's murder of George the earlier murder of Herb is to entertain a definite theory about the relation of Herb's murderer to George's murderer. I have suggested one possible candidate for that theory, Derek Parfit's theory of person stages. (shrink)

This article surveys deontological retributivist thought about judgments concerning deserved punishments. A number of conceptions of desert are described: they vary with respect to their claims about consequential moral luck and the role that desert judgments play in morality. Some retributivists claim that desert claims support obligations to punish; others that they establish ceilings on permissible severity; others that they do both. Further specific conceptual issues about desert of punishment are described, for example, whether a criminal record is (...) relevant. The evidence that retributivists offer for their desert claims are critically assessed. These usually involve appeals to moral intuition. It is argued that these are often weak. The most plausible claim is that desert establishes a ceiling on permissible severity, but no retributivist has shown what amounts of punishment are deserved, so this may not be true. Retributivists might helpfully investigate if moral theory can resolve some of their disputes. (shrink)

I. The name earned early notoriety from L. Ambivius Turpio, the actor who performed in all the plays of Terence. It appealed to Lucilius: quid tibi ego ambages Ambivi scribere coner? Also to Wilhelm Schulze, duly citing the Lucilian reference. In the sequel the nomen failed to enlist proper regard. Three persons bore it, diverse in life and rank: a tavern keeper on the Via Latina, a gourmet writer, a procurator governing Judaea. To the first and to the third, erudition (...) in the recent time denies recognition; and the second through inadvertence misses his place and period. The Ambivii call for redemption. The venture will lead along circuitous or devious paths, ‘per ambages’, in the pursuit of names and identities. From that operation various instruction accrues on the flank. II. First, a casual notice in the criminal record of a family of the better sort at Larinum. Cluentius and his slaves, so it was alleged, had made an assault on ‘Ambivium quendam, coponem de via Latina’ . Traditional texts remained content with that name. Not so long ago recourse to manuscripts produced ‘A. Bivium’. It was adopted in two standard editions. Had editors given a thought to nomenclature, they might have conceived some disquiet. Absent from the repertorium, the nomen appeared to lack attestation. In itself no bar, to be sure. The dense forest of local Italian nomenclature carries plenty of unique specimens. Reassurance could be sought from ‘Bivellius’ and ‘Bivonius’. (shrink)

This article surveys deontological retributivist thought about judgments concerning deserved punishments. A number of conceptions of desert are described: they vary with respect to their claims about consequential moral luck and the role that desert judgments play in morality. Some retributivists claim that desert claims support obligations to punish; others that they establish ceilings on permissible severity; others that they do both. Further specific conceptual issues about desert of punishment are described, for example, whether a criminal record is (...) relevant. The evidence that retributivists offer for their desert claims are critically assessed. These usually involve appeals to moral intuition. It is argued that these are often weak. The most plausible claim is that desert establishes a ceiling on permissible severity, but no retributivist has shown what amounts of punishment are deserved, so this may not be true. Retributivists might helpfully investigate if moral theory can resolve some of their disputes. (shrink)

This book charts the historical development of 'forensic objectivity' through an analysis of the ways in which objective knowledge of crimes, crime scenes, crime materials and criminals is achieved. Taking an interdisciplinary approach, with authors drawn from law, history, sociology and science and technology studies, this work shows how forensic objectivity is constructed through detailed crime history case studies, mainly in relation to murder, set in Scotland, England, Germany, Sweden, USA and Ireland. Starting from the mid-nineteenth century and continuing to (...) the present day, the book argues that a number of developments were crucial. These include: the beginning of crime photography, the use of diagrams and models specially constructed for the courtroom so jurors could be ‘virtual witnesses’, probabilistic models of certainty, the professionalization of medical and scientific expert witnesses and their networks, ways of measuring, recording and developing criminal records and the role of the media, particularly newspapers in reporting on crime, criminals and legal proceedings and their part in the shaping of public opinion on crime. This essential title demonstrates the ways in which forensic objectivity has become a central concept in relation to criminal justice over a period spanning 170 years. (shrink)

Punishment is a topic of increasing importance for citizens and policy-makers. The same can be said for academic researchers and students. Mass imprisonment has reached record high levels while public confidence is often lacking. New thinking is required urgently to address these challenges. Moreover, there have been several key developments in the philosophy of punishment over the last 20 years absent in leading guides including the communicative theory of punishment, restorative justice and my novel unified theory of punishment. -/- (...) My book Punishment is a critical introduction to the philosophy of punishment attempting to offer a new and refreshing approach to benefit scholars and students alike. While the book is primarily philosophical, it brings together relevant insights from law, criminology, criminal justice, politics and sociology. The aim is to provide both a comprehensive overview with new insights on many familiar theories of punishment. (shrink)

Alexander Maconochie, the originator of the “Mark System”, is a major figure in the history of penal discipline and is best known for his attempt to implement it at the Norfolk Island penal station from 1840 to 1844. Among Maconochie’s many works is the eight-page “Comparison Between Mr. Bentham’s Views on Punishment, and Those Advocated in Connexion with the Mark System”, in which Maconochie rejected Bentham’s critique of transportation, as well as fundamental elements of his theory of punishment. Maconochie concluded (...) that mainstream thinking on penal discipline was dominated by “mistakes” that either “in great measure originat[ed] with Mr. Bentham”, or had been “at least sanctioned by his high authority”.This paper questions whether Maconochie’s rejection of Bentham’s views is entirely convincing, since his penal practices, as well as an earlier and lesser-cited work, indicate that Maconochie was, at times, considerably closer to Bentham’s position on punishment than “Comparison” suggests. Section I will provide some brief biographical background. Section II will explore Maconochie’s attempt to implement his reformative system at Norfolk Island, at the heart of which was surveillance and extensive record-keeping to monitor individual behaviour and progress, and in which there are echoes of Bentham’s panopticon scheme. Section III will examine Maconochie’s changing views on criminal transportation, from his adherence to the Benthamite anti-transportation line in 1818, to his qualified support for transportation from 1838 onwards. Finally, Section IV will examine the Mark System and Maconochie’s criticism of Bentham in more detail. (shrink)

This paper analyzes the criminalization and medicalization of homosexuality during the early twentieth century in Canada. Through court records and medical texts the discourse of homosexuality as a threat to the family unit and to the nation is contextualized within Cold War rhetoric. A Foucaultian conceptualization of power and discipline helps frame questions regarding homosexuality as a criminal offense and as a mental illness. It is argued that both state control and societal pressures constructed the homosexual as criminal, (...) the homosexual as mental patient and, as a result, the homosexual as Communist threat. (shrink)