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Posts in rule of law
"Blasphemy" in Schools : Self-Censorship and Security Fears Amongst British Teachers

By Damon L. Perry

In Britain, no one has the right not to be offended. Words or actions that are taken by some as offensive – whether they relate to religion, sexuality or race – are not criminal as long as they are not intentionally hostile and meant, or likely, to incite hatred. The statutory guidance on Non Crime Hate Incidents, revised in March 2023, is consistent with the law in this regard. It states: “Fundamentally, offending someone is not, in and of itself, a criminal offence. To constitute an offence under hate crime legislation, the speech or behaviour in question must be threatening, abusive or insulting and be intended to, or likely to, stir up hatred”. Yet, this does not seem to be fully acknowledged in Britain’s schools. As this revealing survey of over a thousand teachers from YouGov and Policy Exchange demonstrates, since the Batley Grammar School protests, a small but significant proportion of British teachers have self-censored to avoid offence on religious grounds – 16%. (That proportion is slightly higher for teachers of certain subjects, including almost a fifth of all English teachers and art teachers – 19%). In areas with the largest Muslim populations, around 10% fewer teachers do not self-censor than those in areas with the smallest Muslim populations. A worrying proportion believe that – regardless of a teacher’s intentions – images of the prophet Muhammad should never be used in classrooms, even in the teaching of Islamic art or ethics: In addition to the 55% of teachers that would not personally use an image of Muhammad independently from the Batley Grammar School protests, an additional 9% said they personally were less likely to use it as a result of the events in Batley. The case of the teacher at Batley Grammar who went into hiding after death threats thus appears to have had a significant impact on teachers’ confidence and willingness to use materials that fall within the scope of the law. Alarmingly, half of British teachers believe that if blasphemy-related protests led by activist and advocacy groups occur outside their schools, there would be a risk to their physical safety. Despite most teachers thinking that headteachers get the balance right – between supporting them to use materials that are on the right side of the law but which might offend, and ensuring no offence is caused – they are clearly in need of greater confidence in the support they can expect from their headteachers and, in the case of activist-led protests outside their school gates, the police. Recent events have given further impetus to concerns regarding the physical safety of teachers and the security at schools. On 13 October, 2023, in Arras, France, a literature teacher, Dominque Bernard, was killed in a knife attack; the suspect, an Islamist extremist, was looking for teachers  of history or geography. The case has been compared to that of Samuel Paty, the teacher who was killed three years ago by an Islamist extremist for showing cartoons of Muhammad to a class on freedom of expression. Both teachers have been described by President Macron as champions of the values of the French republic. Although this tragic incident took place across the Channel, France’s battle with Islamist extremism is one shared with the UK. Closer to home, in the wake of the Hamas terrorist attacks on hundreds of civilians in Israel on 7 October, protests on the streets of the UK against Israeli reprisals in the name of the Palestinian “resistance” have demonstrated alarming levels of hateful extremism and antisemitism.5 Some Jewish schools were forced to close on 13 October, when Hamas called for a “Global Day of Jihad”, and several Jewish schools were vandalised with red paint. The atmosphere has been fraught. The Department for Education wrote to school leaders “to ensure that any political activity from pupils in response to the crisis does not create an ‘atmosphere of intimidation’”  etc.

London: Policy Exchange, 2024. 51p.

After the War on Crime: Race, Democracy, and a New Reconstruction

By Mary Louise Frampton, Ian Haney Lopez, and Jonathan Simon

Since the 1970s, Americans have witnessed a pyrrhic war on crime, with sobering numbers at once chilling and cautionary. Our imprisoned population has increased five-fold, with a commensurate spike in fiscal costs that many now see as unsupportable into the future. As American society confronts a multitude of new challenges ranging from terrorism to the disappearance of middle-class jobs to global warming, the war on crime may be up for reconsideration for the first time in a generation or more. Relatively low crime rates indicate that the public mood may be swinging toward declaring victory and moving on.
However, to declare that the war is over is dangerous and inaccurate, and After the War on Crime reveals that the impact of this war reaches far beyond statistics; simply moving on is impossible. The war has been most devastating to those affected by increased rates and longer terms of incarceration, but its reach has also reshaped a sweeping range of social institutions, including law enforcement, politics, schooling, healthcare, and social welfare. The war has also profoundly altered conceptions of race and community.
It is time to consider the tasks reconstruction must tackle. To do so requires first a critical assessment of how this war has remade our society, and then creative thinking about how government, foundations, communities, and activists should respond. After the War on Crime accelerates this reassessment with original essays by a diverse, interdisciplinary group of scholars as well as policy professionals and community activists. The volume's immediate goal is to spark a fresh conversation about the war on crime and its consequences; its long-term aspiration is to develop a clear understanding of how we got here and of where we should go.

New York; London: NYU Press, 2008.256p

Breaking the Devil's Pact: The Battle to Free the Teamsters from the Mob

By  James B. Jacobs and Kerry T. Cooperman

In 1988, Manhattan U.S. Attorney Rudy Giuliani brought a massive civil racketeering suit against the leadership of the International Brotherhood of Teamsters (IBT), at the time possibly the most corrupt union in the world. The lawsuit charged that the mafia had operated the IBT as a racketeering enterprise for decades, systematically violating the rights of members and furthering the interests of organized crime. On the eve of trial, the parties settled the case, and twenty years later, the trustees are still on the job.

Breaking the Devil’s Pact is an in-depth study of the U.S. v. IBT, beginning with Giuliani’s lawsuit and the politics surrounding it, and continuing with an incisive analysis of the controversial nature of the ongoing trusteeship. James B. Jacobs and Kerry T. Cooperman address the larger question of the limits of legal reform in the American labor movement and the appropriate level of government involvement.

New York; London: NYU Press, 2011. 320p.

Do progressive prosecutors increase crime? A quasi-experimental analysis of crime rates in the 100 largest counties, 2000-2020

By Nick Petersen, Ojmarrh Mitchell, Shi Yan

In recent years, there has been a rise in so-called “progressive prosecutors” focused on criminal justice reforms. Although there has been considerable debate about the relationship between progressive prosecution policies and crime rates, there has been surprisingly little empirical research on the topic. Building on the limited extant research, we examined whether the inauguration of progressive prosecutors in the nation's 100 most populous counties impacted crime rates during a 21-year period (2000 to 2020). After developing an original database of progressive prosecutors in the 100 largest counties, we used heterogeneous difference-in-differences regressions to examine the influence of progressive prosecutors on crime rates. Results show that the inauguration of progressive prosecutors led to statistically higher index property (∼7%) and total crime rates (driven by rising property crimes), and these effects were strongest since 2013—a period with an increasing number of progressive prosecutors. However, violent crime rates generally were not higher after a progressive prosecutor assumed control.

Policy implications

Despite concerns that the election of progressive prosecutors leads to “surging” levels of violence, these findings suggest that progressive-oriented prosecutorial reforms led to relatively higher rates of property crime but had limited impact on rates of violent crime. In fact, in absolute terms, crime rates fell in jurisdictions with traditional and progressive prosecutors. Yet, relative property crime rates were greater after the inauguration of progressive prosecutors. Given that prior research shows progressive prosecutors reduce mass incarceration and racial inequalities, our findings indicate that higher property crime rates may be the price for these advancements.

Criminology & Public Policy Version of Record online: 18 April 2024

CHOOSING CRIME: The Criminal Calculus of Property Offenders

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By Kenneth D. Tunnell

The major issues explored through this study were the motivation to commit property crimes, alternatives to crime commission, neutralization of fears during criminal decision making, and decision making processes. During the analysis of the data, five basic themes emerged. Offenders typically decided to commit crimes by using one or more neutralization techniques, most frequently alcohol or drugs, that aided them in the decision making and in the actual crime commission. Persistent criminals did not give any thought to the potentially negative consequences of their actions. The decision making types explicated in this study characterize individuals who are problematic for society, the judicial system, and the other people whose lives they disrupt. The study found that offenders typically specialized in one type of crime for a period of time, then moved on to another specialty area. Finally, the results indicated that these offenders committed a disproportionate number of crimes because they lacked other alternatives. The author maintains that these findings dispute the generally accepted view of the effectiveness of deterrence and instead point to needed policy changes in the areas of wealth redistribution, educational reform, and structural changes in the criminal justice system.

Nelson-Hall Publishers / Chicago, 1992, 191p

CESARE BECCARIA : ON CRIMES AND PUNISHMENTS

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Translated from the Italian in the Author's Original Order With Notes and Introduction by David Young

On Crimes and Punishments is a seminal treatise on legal reform written by the Italian philosopher and thinker Cesare Beccaria between 1763 and 1764. The essays proposed many reforms for the criminal justice system, including prompt administration of clearly prescribed and consistent punishments, well-publicized laws made by the legislature rather than individual courts or judges, the abolition of torture in prisons and the use of the penal system to deter would-be offenders, rather than simply punishing those convicted. It is also one of the earlier, and most famous, works against death penalty. The main reason put forward against that measure is that the State, by putting people to death, was committing a crime to punish another one.On Crimes and Punishments is widely considered one of the founding texts of Classical Criminology.

Indiana. Hackett Publishing. 1986.

Coleridge's Laws: A Study of Coleridge in Malta

By Barry Hough and Howard Davis

Samuel Taylor Coleridge is best known as a great poet and literary theorist, but for one, quite short, period of his life he held real political power — acting as Public Secretary to the British Civil Commissioner in Malta in 1805. This was a formative experience for Coleridge which he later identified as being one of the most instructive in his entire life. In this book, Barry Hough and Howard Davis show how Coleridge's actions whilst in a position of power differ markedly from the idealism he had advocated before taking office — shedding new light on Coleridge's sense of political and legal morality. Meticulously researched and including newly discovered archival materials, Coleridge's Laws provides detailed analysis of the laws and public notices drafted by Coleridge, together with the first published translations of them. Drawing from a wealth of primary sources, Hough and Davis identify the political challenges facing Coleridge and reveal that, in attempting to win over the Maltese public to support Britain's strategic interests, Coleridge was complicit in acts of government which were both inconsistent with the rule of law and contrary to his professed beliefs. Coleridge's willingness to overlook accepted legal processes and personal misgivings for political expediency is disturbing and, as explained by Michael John Kooy in his extensive introduction, necessarily alters our understanding of the author and his writing. Coleridge's Laws contributes in new ways to the current debates about Coleridge's achievements, British colonialism and its engagement with the rule of law, nationhood and the effectiveness of the British administration of Malta. It provides essential reading for anybody interested in Coleridge specifically and the Romantics more generally, for political and legal historians and for students of colonial government.

Cambridge, UK: Open Book Publishers, 2010. 405p.

Cannabis policy reform and organized crime: a model and review for South Africa

By Anine Kriegler

Cannabis legalization has the potential to weaken organized crime, but it can just as easily strengthen it unless a balance is found between restriction and liberalization, coordinated across both the supply and demand sides of the market. South Africa’s current cannabis policy lacks coherence, with reforms driven more by legal challenges than by strategic policymaking, posing challenges in effectively countering organized crime.

This paper summarizes the history and status of cannabis decriminalization in South Africa and draws on a review of literature to identify a key set of variables that determine the impact of legalization on organized crime: the type and degree of restrictiveness of the new regulations; various cultural, socio-economic, and political factors; features of the criminal justice system; and the structure and nature of criminal organization in the illegal cannabis market.

Reflections are provided on what these suggest about the likely impact of South African cannabis legalization on organized crime, and potential lessons and recommendations are proposed for effective policy reform in South Africa, as well as guidance for similar decision-making in other contexts.

Effective reform requires integrating marginalized communities and black-market participants into the legal market, along with considerations for managing legal supply, strategic enforcement against criminal gangs, and public health education to ensure a comprehensive approach to reducing organized crime. A phased implementation of regulatory frameworks, ongoing monitoring, and investment in data collection are essential to assess and optimize the impact of legalization on organized crime. Geneva: SWIT: Global Initiative Against Transnational Organized Crime , 2024. 29p.

Money Laundering and Corruption in Mexico: Confronting Threats to Prosperity, Security, and the US-Mexico Relationship

By Andres Martinez-Fernandez

Key Points

  • Corruption is an urgent challenge in Mexico that undermines political stability, economic development, the rule of law, efforts to combat organized crime, and the effectiveness of public services.

  • Corruption in Mexico’s security forces is a key contributor to the sharp rise of organized criminal violence and severely handicaps US-Mexico security cooperation against drug cartels.

  • President Andrés Manuel López Obrador’s emphasis on combating money laundering and his empowerment of Mexico’s Financial Intelligence Unit are positive developments for the government’s anti-corruption efforts. However, an increasingly hostile stance to US-Mexico security cooperation, the politicization of investigations, neglect of independent institutions, and inattention to cartel corruption are all concerning.

  • The US should use a combination of diplomatic engagement, expanded cooperation against money laundering, and unilateral enforcement actions to restore trust and the effectiveness of bilateral security and anti-corruption cooperation while pushing Mexico to address its anti-corruption blind spots.

Washington, DC: American Enterprise Institute, 2021. 32p.

FOR A A BROADER UNDERSTANDING OF UNDERSTANDING OF CORRUPTION AS AS A A CULTURAL FACT, AND ITS INFLUENCE IN IN SOCIETY

By Fernando Forattini

This brief brief article intends to to demonstrate some of the problems with the main theories on corruption and introduce the reader to the new field of Anthropology of Corruption, a type of of research that tries to understand one of the most pressing issues nowadays through a nonbinary point of view, but trying to to understand the root of of corruption, and its its multifaceted characteristic, especially through its cultural aspect; and why it is, contemporarily, the most it is, the most effective political-economic political-economic discourse discourse – - most most at at the the times used in a populistic fashion, at the the expense of of democratic institutions. Therefore, we we will will briefly analyze the three main theoretical strands on corruption and point at some of its faults; then indicate to the reader what are the main goals Anthropology of Corruption, and what questions it seeks to answer; of and, and, finally, the the political impact that corruption discourses have on society, and its perils when on its instrumentalized in populistic discourses.

Academia Letters, Article 2245.. 2024

Star Chamber Matters: An Early Modern Court and its Records

Edited by Natalie Mears and Krista Kesselring

An extraordinary court with late medieval roots in the activities of the king’s council, Star Chamber came into its own over the sixteenth and early seventeenth centuries, before being abolished in 1641 by members of parliament for what they deemed egregious abuses of royal power. Before its demise, the court heard a wide range of disputes in cases framed as fraud, libel, riot, and more. In so doing, it produced records of a sort that make its archive invaluable to many researchers today for insights into both the ordinary and extraordinary. The chapters gathered here explore what we can learn about the history of an age through both the practices of its courts and the disputes of the people who came before them. With Star Chamber, we view a court that came of age in an era of social, legal, religious, and political transformation, and one that left an exceptional wealth of documentation that will repay further study.

London: University of London Press, 2021. 222p.

Grassroots Law in Papua New Guinea

Edited by: Melissa Demian

The introduction of village courts in Papua New Guinea in 1975 was an ambitious experiment in providing semi-formal legal access to the country’s overwhelmingly rural population. Nearly 50 years later, the enthusiastic adoption of these courts has had a number of ramifications, some of them unanticipated. Arguably, the village courts have developed and are working exactly as they were supposed to do, adapted by local communities to modes and styles consistent with their own dispute management sensibilities. But with little in the way of state oversight or support, most village courts have become, of necessity, nearly autonomous.

Village courts have also become the blueprint for other modes of dispute management. They overlap with other sources of authority, so the line between what does and does not constitute a ‘court’ is now indistinct in many parts of the country. Rather than casting this issue as a problem for legal development, the contributors to Grassroots Law in Papua New Guinea ask how, under conditions of state withdrawal, people seek to retain an understanding of law that holds out some promise of either keeping the attention of the state or reproducing the state’s authority.

Canberra: ANU Press, 2023. 210p.

What the data says about gun deaths in the U.S.

By John Gramlich

More Americans died of gun-related injuries in 2020 than in any other year on record, according to recently published statistics from the Centers for Disease Control and Prevention (CDC). That included a record number of gun murders, as well as a nearrecord number of gun suicides. Despite the increase in such fatalities, the rate of gun deaths – a statistic that accounts for the nation’s growing population – remains below the levels of earlier years.

United States, Pew Research Center. 2022. 7pg.

Governing the galeys: jurisdiction, justice, and trade in the squadrons of the hispanic monarchy (sixteenth-seventeenth centuries)

By: Manuel Lomas Cortés and Consuelo Lopez-Morillas

"The study of galleys is no longer confined to the history of events, navigation, or tactics. The classic paradigm has gradually been transformed: essentially descriptive- of types of ships and their components, or of the number and composition of their crews- it also served nationalist ends. The affirmation of an epic, glorious past could legitimate a nation's identity and its role in building the political, legal, and cultural reality of the modern-day Mediterranean"

Leiden ; Boston : Brill, 2020

A Critical Review of the Law of Ecocide

By Rachel Killean

This paper reviews key definitions of ecocide that have emerged since the 1970s, from Richard A Falk’s early draft International Convention on the Crime of Ecocide, to the Stop Ecocide Foundation Expert Panel’s definition of 2021, and analyses enduring legal and political challenges to the prospects for a new international crime. Despite the latter definition gaining prominence and considerable support we argue that there is a continuing necessity to reflect on the key challenges to the development of an international crime that can actually deliver accountability for serious crimes against the environment, and that engagement with previous definitions can assist in these reflections. We discuss core problems with categorising and negotiating ecocide, guaranteeing legality and ascertaining appropriate gravity and requisite levels of intention. Based on our analysis of past and present definitions, and the social construction of related crimes and international norms, we advocate for a robust articulation of the potential crime that balances foreseeability and flexibility, detached from the requirements of the other core crimes and includes an understanding of intent that embraces reckless acts and omissions and which avoids a cost versus benefit analysis. While we are advocates of ecocide’s criminalisation, we are also conscious of the political and operational barriers to ecocide’s creation and implementation. As such, we argue both for interim measures such as non-binding declarations in support of ecocide, and for humility with regards to what the law can meaningfully achieve. For us, ecocide represents one possible tool in a toolkit that must include a range of legal and political interventions to prevent and repair environmental destruction.

Australia, Sydney, University of Sydney Law School. 2023, 18pg

What is is Corruption: A political and philosophical approach

By Ata Hoodashtian

This study about Corruption Corruption is is not not based on on a a specific specific juridical juridical or or economic economic approach. Corruption can also be be considered as as a a moral moral and and philosophical philosophical issue. The emphasise here is is given to to a a political and philosophical approach with a focus on the last and the most important a on evolutions of Western Societies: the decline of the State and the decline of values. of the State and the decline of values.

Writers and scholars, whom I used as references for this paper, have been studying each of these I as of evolutions for for the the last 20 20 years in in the the West. Globalization is is an an important fact related to to these problems. But how and why? Sociologists and philosophers have been focusing on these issues to study the social and political crisis. To understand what corruption is, is, we we will need to understand to the the function and nature of of the the structural crisis of of Western societies at at the the level of Institutions and of and values. But, how would corruption be related to these facts? These are the questions developed in this paper.

For A Broader Understanding Of Corruption As A Cultural Fact, And Its Influence In Society

By Fernando Forattini

This brief article intends to demonstrate some of the problems with the main theories on corruption and introduce the reader to the new field of Anthropology of Corruption, a type of research that tries to understand one of the most pressing issues nowadays through a nonbinary point of view, but trying to understand the root of corruption, and its multifaceted characteristic, especially through its cultural aspect; and why it is, contemporarily, the most effective political-economic discourse – most at the times used in a populistic fashion, at the expense of democratic institutions. Therefore, we will briefly analyze the three main theoretical strands on corruption and point at some of its faults; then indicate to the reader what are the main goals Anthropology of Corruption, and what questions it seeks to answer; and, finally, the political impact that corruption discourses have on society, and its perils when instrumentalized in populistic discourses.

Differentiating the local impact of global drugs and weapons trafficking: How do gangs mediate ‘residual violence’ to sustain Trinidad’s homicide boom?

By Adam Baird , Matthew Louis Bishop , Dylan Kerrigan

The Southern Caribbean became a key hemispheric drug transhipment point in the late 1990s, to which the alarmingly high level of homicidal violence in Trinidad is often attributed. Existing research, concentrated in criminology and mainstream international relations, as well as the anti-drug policy establishment, tends to accept this correlation, framing the challenge as a typical post-Westphalian security threat. However, conventional accounts struggle to explain why murders have continued to rise even as the relative salience of narcotrafficking has actually declined. By consciously disentangling the main variables, we advance a more nuanced empirical account of how ‘the local’ is both inserted into and mediates the impact of ‘the global’. Relatively little violence can be ascribed to the drug trade directly: cocaine frequently transits through Trinidad peacefully, whereas firearms stubbornly remain within a distinctive geostrategic context we term a ‘weapons sink’. The ensuing murders are driven by the ways in which these ‘residues’ of the trade reconstitute the domestic gangscape. As guns filter inexorably into the community, they reshape the norms and practices underpinning acceptable and anticipated gang behaviour, generating specifically ‘residual’ forms of violence that are not new in genesis, but rather draw on long historical antecedents to exacerbate the homicide panorama. Our analysis emphasises the importance of taking firearms more seriously in understanding the diversity of historically constituted violences in places that appear to resemble—but differ to—the predominant Latin American cases from which the conventional wisdom about supposed ‘drug violence’ is generally distilled.

Political Geography. Volume 106, October 2023, 102966

Study to Identify an Approach to Measure the Illicit Market for Tobacco Products: Final Report

By Jirka Taylor, Shann Corbett, Fook Nederveen, Stijn Hoorens, Hana Ross, Emma Disley

The illicit tobacco trade is a global phenomenon with significant negative health, social and economic consequences. This study is intended to support efforts to better understand the scope and scale of the illicit tobacco market. The primary objective was to develop a reliable, robust, replicable and independent methodology to measure the illicit market that can be applied by the EU and its Member States. The key requirements were that the methodology would capture the total volume of the illicit trade and distinguish between the legal and illegal market, ideally distinguishing between types of tobacco products, and types of illicit trade. Based on in-depth literature reviews and interviews with key informants, we constructed a longlist of 11 methodologies that have been or could be used to measure the illicit tobacco market and assessed them against a standardised set of criteria. This resulted in a shortlist of five preferred methods (i.e. discarded pack survey, comparison of sales/tax paid and self-reported consumption, consumer survey with and without pack inspection/surrender, econometric modelling). As individual approaches, these shortlisted methods were not sufficient to meet the minimum criteria. Accordingly, these shortlisted methods were then used to formulate options for combination of methodologies corresponding to various levels of resource intensity.

Brussels: Publications Office of the European Union, 2021. 197p.

Illicit Economies and the UN Security Council

By Summer Walker

The Global Initiative Against Transnational Organized Crime (GI-TOC) researches the political economy of organized crime in many countries, including those on the United Nations Security Council’s agenda. The GI-TOC also analyzes how the Security Council responds to illicit economies and organized crime through its agenda, including through an annual review of resolutions that tracks references to organized crime. We use the term ‘illicit economies’ here to include the markets and actors involved. This series, UN Security Council Illicit Economies Watch, draws on research produced by the GI-TOC regional observatories and the Global Organized Crime Index to provide insights into the impacts of illicit economies for Council-relevant countries through periodic country reports. As the United Nations develops its New Agenda for Peace, there is a need to consider the impacts of illicit economies in the search for sustainable peace and preventing conflict. The UN Secretary-General called for a New Agenda for Peace in his report Our Common Agenda, saying that to protect peace, ‘we need a peace continuum based on a better understanding of the underlying drivers and systems of influence that are sustaining conflict, a renewed effort to agree on more effective collective security responses and a meaningful set of steps to manage emerging risks’.1 One of these key underlying drivers is illicit economies and a more effective response will need to account for this. The Security Council will play a critical role in any renewed effort. This brief provides an overview of how the Council addresses illicit economies and offers ideas for advancing the agenda. It first examines how specific crimes are addressed by the Council, expands into a wider analysis of the dynamics of illicit economies and conflict, and offers thinking around how illicit economies can be considered in the context of the New Agenda for Peace.

UN Security Counci. 2023, 22p.