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Posts in rule of law
Shakespeare's Legal Ecologies: Law and Distributed Selfhood

By Kevin Curran

Shakespeare’s Legal Ecologies offers the first sustained examination of the relationship between law and selfhood in Shakespeare’s work. Curran argues that law provided Shakespeare with the conceptual resources to imagine selfhood in social and distributed terms, as a product of interpersonal exchange or gathering of various material forces. Curran reveals Shakespeare’s distinctly communitarian vision of personal and political experience, the way he regarded living and acting in the world as materially and socially embedded practices. At the center of the book is Shakespeare’s fascination with questions fundamental to law and philosophy: What are the sources of agency? For whom am I responsible, and how far does responsibility extend? Curran guides readers through Shakespeare’s responses, paying attention to historical and intellectual contexts. The result is a new theory of Shakespeare’s relationship to law and an original account of law’s role in the ethical work of his writings.

Evanston, IL: Northwestern University Press, 2017.. 192p,

Criminal record and employability in Ghana: A vignette experimental study

ByThomas D. Akoensi, Justice Tankebe

Using an experimental vignette design, the study inves-tigates the effects of criminal records on the hiring deci-sions of a convenience sample of 221 human resource(HR) managers in Ghana. The HR managers were ran-domly assigned to read one of four vignettes depicting job seekers of different genders and criminal records:male with and without criminal record, female with and without criminal record. The evidence shows that a criminal record reduces employment opportunities for female offenders but not for their male counter-parts. Additionally, HR managers are willing to offer interviews to job applicants, irrespective of their crim-inal records, if they expect other managers to hire ex-convicts. The implications of these findings are dis-cussed.

The Howard Journal of Crime and Justice, online first, May 2024

The End of Intuition-Based High-Crime Areas

By Ben Grunwald and Jeffrey Fagan

In 2000, the Supreme Court held in Illinois v. Wardlow that a suspect’s presence in a “high-crime area” is relevant in determining whether an officer has reasonable suspicion to conduct an investigative stop. Despite the importance of the decision, the Court provided no guidance about what that standard means, and over fifteen years later, we still have no idea how police officers understand and apply it in practice. This Article conducts the first empirical analysis of Wardlow by examining data on over two million investigative stops conducted by the New York Police Department from 2007 to 2012. Our results suggest that Wardlow may have been wrongly decided. Specifically, we find evidence that officers often assess whether areas are high crime using a very broad geographic lens; that they call almost every block in the city high crime; that their assessments of whether an area is high crime are nearly uncorrelated with actual crime rates; that the suspect’s race predicts whether an officer calls an area high crime as well as the actual crime rate; that the racial composition of the area and the identity of the officer are stronger predictors of whether an officer calls an area high crime than the crime rate itself; and that stops are less or as likely to result in the detection of contraband when an officer invokes high-crime area as a basis of a stop. We conclude with several policy proposals for courts, police departments, and scholars to help address these problems in the doctrine.

California Law Review 345-404 (2019

"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

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.

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.

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

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.

Leveraging Telehealth for Justice-involved Populations With Substance Use Disorders: Lessons Learned and Considerations for Governors

By U.S. Bureau of Justice Assistance

his brief reviews activities undertaken by states to expand the use of telehealth for justice-involved individuals with SUDs during the COVID-19 pandemic, shares lessons learned, and highlights considerations for governors who wish to leverage telehealth services to increase access to SUD treatment for those involved in the justice system. Justice-involved individuals have historically had difficulties accessing treatment for SUDs and co-occurring behavioral health disorders. These difficulties can be mitigated by the benefits provided by telehealth, which include increased access to care for patients, reduced stigma, improved safety for staff, cost reductions for correctional institutions, and overall improvements to quality of care. In recent years, governors and state correctional and health officials have made great strides to improve access to SUD treatment for justice-involved individuals—both those within correctional facilities and on community supervision. Lessons learned for expanding these programs include ensuring access to evidence-based medication and treatment, emphasizing collaboration among justice systems and health partners, developing tailored treatment plans, reducing treatment barriers upon release, staff training, and developing robust program evaluation plans. States that have implemented telehealth services for justice-involved populations recognize several advantages for using them for treatment. States also identified several challenges with using telehealth services. States may consider these challenges and lessons learned when implementing or expanding telehealth programs for justice-involved individuals with SUDs.

Washington, DC: BJA, 2023, 6p.

Changes in alcohol consumption associated with social distancing and self-isolation policies triggered by COVID-19 in South Australia: a wastewater analysis study

By Richard Bade, Bradley S. Simpson, Maulik Ghetia, Lynn Nguyen, Jason M. White, Cobus Gerber

Aim: To assess the effects of social distancing and social isolation policies triggered by COVID-19 on alcohol consumption using wastewater analysis in Adelaide, South Australia.

Design: Longitudinal quantitative analysis of influent wastewater data for alcohol concentration.

Setting: Adelaide, South Australia.

Participants: Wastewater catchment area representative of 1.1 million inhabitants.

Measurements: Twenty-four hour composite influent wastewater samples were collected from four wastewater treatment plants in Adelaide, South Australia for 7 consecutive days (Wednesday–Tuesday) every 2 months from April 2016–April 2020. The alcohol metabolite ethyl sulfate was measured in samples using chromatography–tandem mass spectrometry. Data were population-weighted adjusted with consumption expressed as standard drinks/day/1000 people. Weekly consumption and weekend to mid-week consumption ratios were analysed to identify changes in weekday alcohol use pattern.

Findings: Estimated weekend alcohol consumption was significantly lower (698 standard drinks/day/1000 people) after self-isolation measures were enforced in April 2020 compared with the preceding sampling period in February 2020 (1047 standard drinks/day/1000 people), P < 0.05. Weekend to midweek consumption ratio was 12% lower than the average ratio compared with all previous sampling periods. April 2020 recorded the lowest alcohol consumption relative to April in previous years, dating back to 2016.

Conclusions: Wastewater analysis suggests that introduction of social distancing and isolation policies triggered by COVID-19 in Adelaide, South Australia, was associated with a decrease in population-level weekend alcohol consumption.

Addiction, Volume116, Issue6. June 2021. Pages 1600-1605

COVID-19 Restrictions, Pub Closures, and Crime in Oslo, Norway

By Manne Gerell, Annica Allvin, Michael Frith & Torbjørn Skardhamar

Alcohol consumption and crime are closely linked and there is often more crime near pubs and bars. Few studies have considered the impact of restricting access to pubs or bars on crime, and the present study aims to provide more insight into this by using the restrictions to combat the COVID-19 pandemic as a natural experiment. In Oslo, Norway, alcohol serving was banned twice during 2020, and at other times during the year, restrictions were placed on how late it could be served. In the present paper, these restrictions are analysed, alongside more general COVID-19 restrictions, to assess their association with crime. To identify these, we employ negative binomial regression models of daily crime counts for nine types of crime adjusted for the day of the week, the week of the year, and the year itself. This is in addition to the presence, or absence, of alcohol-related restrictions and more general COVID-19 restrictions. The findings suggest that both, general restrictions and bans on serving alcohol, reduced crime, although not universally across all crime types and times of the day. When pubs are ordered not to sell alcohol after midnight there appears to be an unexpected increase in crime.

Nordic Journal of Criminology. 2022, 23 (2), 136-155, DOI: https://doi.org/10.1080/2578983X.2022.2100966

Addiction, Modernity, and the City: A Users’ Guide to Urban Space

By Christopher B.R. Smith

Examining the interdependent nature of substance, space, and subjectivity, this book constitutes an interdisciplinary analysis of the intoxication indigenous to what has been termed "our narcotic modernity." The first section – Drug/Culture – demonstrates how the body of the addict and the social body of the city are both inscribed by "controlled" substance. Positing addiction as a "pathology (out) of place" that is specific to the (late-)capitalist urban landscape, the second section – Dope/Sick – conducts a critique of the prevailing pathology paradigm of addiction, proposing in its place a theoretical reconceptualization of drug dependence in the terms of "p/re/in-scription." Remapping the successive stages or phases of our narcotic modernity, the third section –Narco/State – delineates three primary eras of narcotic modernity, including the contemporary city of "safe"/"supervised" consumption. Employing an experimental, "intra-textual" format, the fourth section –Brain/Disease – mimics the sense, state or scape of intoxication accompanying each permutation of narcotic modernity in the interchangeable terms of drug, dream and/or disease. Tracing the parallel evolution of "addiction," the (late-)capitalist cityscape, and the pathological project of modernity, the four parts of this book thus together constitute a users’ guide to urban space.

London; New York: Routledge, 2016. 252p.

Cannabis Use Among Drivers in Fatal Crashes in Washington State Before and After Legalization

By B.C.Tefft, and L.S.. & Arnold,

Washington State Initiative 502 (I-502), effective Dec. 6, 2012, legalized possession of small amounts of cannabis for recreational use by adults aged 21 years and older. It also included a prohibition against driving with 5 or more nanograms of delta-9-tetrahydrocannabinol (THC) per milliliter of blood, along with a zero tolerance prohibition for drivers younger than 21 years of age. THC is the main psychoactive component in cannabis and detection of THC in blood is suggestive of recent use. A previous study by the AAA Foundation for Traffic Safety examined data from drivers involved in fatal crashes in Washington State in years 2010-2014 and estimated that the proportion of drivers with detectable THC approximately doubled several months after I-502 became effective (Tefft et al., 2016). The research reported here updates the previous study with three additional years of data, post-legalization. Multiple imputation was used to estimate the proportion of drivers who were THC-positive among those who were not tested for drugs or whose test results were unavailable. Results indicate that five years after I-502, the proportion of fatal-crash-involved drivers who are THC-positive has remained approximately double the level observed before I-502. An estimated 21% of all drivers involved in fatal crashes in Washington State in 2017 were THC-positive, higher than in any other year in the 10-year period examined

Washington, D.C.: AAA Foundation for Traffic Safety , 2020. 6p.