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Posts in justice
Crime and Risk

MAY CONTAIN MARKUP

By Pat O'Malley

Over recent years, the governance of crime - from policing and crime prevention to sentencing and prison organization - has moved away from a focus on reforming offenders toward preventing crime and managing behaviour using predictive and distributional (such as risk) techniques.

Crime and Risk presents an engaging discussion of risk strategies and risk-taking in the domain of crime and criminal justice. It outlines the broad theoretical issues and political approaches involved, relating risk in contemporary crime governance to risk in criminal activity. Taking a broad and discursive approach, it covers:

- Risk-taking and contemporary culture

- The excitement associated with risk-taking and the impact of criminal activity

- The application of risk-oriented developments in crime prevention and control

- The use of genetic and related biotechnologies to assess and react to perceived threats

- The conceptualization of risk in relation to race and gender

- The influence of excitement upon criminal activity

- Evidence and accountability.

SAGE Publications, May 5, 2010, 112 pages

AN ESSAY ON CRIMES AND PUNISHMENTS

MAY CONTAIN MARKUP

By Cesare Beccaria. Edited and with an Introduction by Adolph Caso

The first systematic study of the principles of crime and punishment. Originally published: London: Printed for E. Newberry, 1775. viii, [iv], 179, lxxix pp. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States, especially among the founding fathers. Originally published anonymously in 1764.

Kessinger Publishing, January 17, 2007, ‎244 pages

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.

Revolution and Witchcraft: The Code of Ideology in Unsettled Times

By Gordon C. Chang

Ideas influence people. In particular, extremely well-developed sets of ideas shape individuals, groups, and societies in far-reaching ways. This book establishes these “idea systems” as an academic concept. Through three intense episodes of manipulation and mayhem connected to idea systems—Europe’s witch hunts, the Mao Zedong-era “revolutions,” and the early campaign of the U.S. War on Terror—this book charts the cognitive and informational matrices that seize control of people’s mentalities and behaviors across societies. Through these, the author reaches two conclusions. The first, that we are all vulnerable to the dominating influence of our own matrices of ideas and to those woven by others in the social system. The second, that even the most masterful manipulators of idea programs may lose control of the outcomes of programmatic manipulation. Amongst this analysis, sixty-plus central conceptual terminologies are provided for readers to analyze multiform idea systems that exist across space, time, and cultural contexts.

Cham: Springer Nature, 2023. 415p.

Realizing the Witch: Science, Cinema, and the Mastery of the Invisible

By Richard Baxstrom, Todd Meyers

Benjamin Christensen’s Häxan (The Witch, 1922) stands as a singular film within the history of cinema. Deftly weaving contemporary scientific analysis and powerfully staged historical scenes of satanic initiation, confession under torture, possession, and persecution, Häxan creatively blends spectacle and argument to provoke a humanist re-evaluation of witchcraft in European history as well as the contemporary treatment of female “hysterics” and the mentally ill. In Realizing the Witch, Baxstrom and Meyers show how Häxan opens a window onto wider debates in the 1920s regarding the relationship of film to scientific evidence, the evolving study of religion from historical and anthropological perspectives, and the complex relations between popular culture, artistic expression, and concepts in medicine and psychology. Häxan is a film that travels along the winding path of art and science rather than between the narrow division of “documentary” and “fiction.”

New York: Fordham University Press, 2015. 

Justice and Human Rights in the African Imagination: We, Too, Are Humans

By Chielozona Eze

Justice and Human Rights in the African Imagination is an interdisciplinary reading of justice in literary texts and memoirs, films, and social anthropological texts in postcolonial Africa.  Inspired by Nelson Mandela and South Africa’s robust achievements in human rights, this book argues that the notion of restorative justice is integral to the proper functioning of participatory democracy and belongs to the moral architecture of any decent society. Focusing on the efforts by African writers, scholars, artists, and activists to build flourishing communities, the author discusses various quests for justice such as environmental justice, social justice, intimate justice, and restorative justice. It discusses in particular ecological violence, human rights abuses such as witchcraft accusations, the plight of people affected by disability, homophobia, misogyny, and sex trafficking, and forgiveness.  This book will be of interest to scholars of African literature and films, literature and human rights, and literature and the environment.

Abington, Oxon, UK: New York: Routledge,    185p.

Witchcraft, Gender and Society in Early Modern Germany

By Jonathan B. Durrant

Using the example of Eichstätt, this book challenges current witchcraft historiography by arguing that the gender of the witch-suspect was a product of the interrogation process and that the stable communities affected by persecution did not collude in its escalation. Readership: All those interested in the history of witch persecution, gender history, the history of the Catholic Reformation, and the history of early modern Germany.

Leiden; Boston: Brill,  2007.  317p.

Witchcraft narratives in Germany: Rothenburg, 1561-1652

By Alison Rowlands

Given the widespread belief in witchcraft and the existence of laws against such practices, why did witch-trials fail to gain momentum and escalate into 'witch-crazes' in certain parts of early modern Europe? This book answers this question by examining the rich legal records of the German city of Rothenburg ob der Tauber, a city which experienced a very restrained pattern of witch-trials and just one execution for witchcraft between 1561 and 1652. The author explores the factors that explain the absence of a 'witch-craze' in Rothenburg, placing particular emphasis on the interaction of elite and popular priorities in the pursuit (and non-pursuit) of alleged witches at law. By making the witchcraft narratives told by the peasants and townspeople of Rothenburg central to its analysis, the book also explores the social and psychological conflicts that lay behind the making of accusations and confessions of witchcraft. Furthermore, it challenges existing explanations for the gender-bias of witch-trials, and also offers insights into other areas of early modern life, such as experiences of and beliefs about communal conflict, magic, motherhood, childhood and illness. Written in a lively narrative style, this innovative study invites a wide readership to share in the compelling drama of early modern witch trials. It will be essential reading for researchers working in witchcraft studies, as well as those in the wider field of early modern European history.

Manchester, UK: Manchester University Press, 2003. 257p.

Male witches in early modern Europe

 By Lara Apps and Andrew Gow  

Gender at stake critiques historians' assumptions about witch-hunting as well as their explanations for this complex and perplexing phenomenon. The authors insist on the centrality of gender, tradition and ideas about witches in the construction of the witch as a dangerous figure. They challenge the marginalisation of male witches by feminist and other historians. The book shows that large numbers of men were accused of witchcraft in their own right, in some regions, more men were accused than women. The authors analyse ideas about witches and witch prosecution as gendered artefacts of patriarchal societies under which both women and men suffered. They challenge recent arguments and current orthodoxies by applying crucial insights from feminist scholarship on gender to a selection of statistical arguments, social-historical explanations, traditional feminist history and primary sources, including trial records and demonological literature. The authors assessment of current orthodoxies concerning the causes and origins of witch-hunting will be of particular interest to scholars and students in undergraduate and graduate courses in early modern history, religion, culture, gender studies and methodology.

Manchester, UK: Manchester University Press, 2003. 201p

Fantasies of Gender and the Witch in Feminist Theory and Literature

By Justyna Sempruch

In Fantasies of Gender and the Witch in Feminist Theory and Literature, Justyna Sempruch analyzes contemporary representations of the “witch” as a locus for the cultural negotiation of genders. Sempruch revisits some of the most prominent traits in past and current perceptions in feminist scholarship of exclusion and difference. She examines a selection of twentieth-century US American, Canadian, and European narratives to reveal the continued political relevance of metaphors sustained in the archetype of the “witch” widely thought to belong to pop-cultural or folkloristic formulations of the past. Through a critical rereading of the feminist texts engaging with these metaphors, Sempruch develops a new concept of the witch, one that challenges traditional gender-biased theories linking it either to a malevolent “hag” on the margins of culture or to unrestrained “feminine” sexual desire. Sempruch turns, instead, to the causes for radical feminist critique of “feminine” sexuality as a fabrication of logocentric thinking and shows that the problematic conversion of the “hag” into a “superwoman” can be interpreted today as a therapeutic performance translating fixed identity into a site of continuous negotiation of the subject in process. Tracing the development of feminist constructs of the witch from 1970s radical texts to the present, Sempruch explores the early psycho-analytical writings of Cixous, Kristeva, and Irigaray, and feminist reformulations of identity by Butler and Braidotti, with fictional texts from different political and cultural contexts.

West Lafayette, IN: Purdue University Press, 2008. 198p.

Envy, Poison, and Death: Women on Trial in Classical Athens

By Esther Eidinow 

At the heart of this book are some trials conducted in Athens in the fourth century BCE. In each case, the charges involved a combination of supernatural activities, including potion-brewing and cult activity; the defendants were all women. Because of the brevity of the ancient sources, and their lack of agreement, the precise charges are unclear; the reasons for taking these women to court, even condemning some of them to die, remain mysterious. This book takes the complexity and confusion of the evidence not as a riddle to be solved, but as revealing multiple social dynamics. It explores the changing factors—material, ideological, and psychological—that may have provoked these events. It focuses in particular on the dual role of envy (phthonos) and gossip as processes by which communities identified people and activities that were dangerous, and examines how and why those local, even individual, dynamics may have come to shape official civic decisions during a time of perceived hardship. At first sight so puzzling, these trials come to provide a vivid glimpse of the sociopolitical environment of Athens during the early to mid-fourth century BCE, including responses to changes in women’s status and behaviour, and attitudes to particular supernatural/religious activities within the city. This study reveals some of the characters, events, and local social processes that shaped an emergent concept of magic: it suggests that the legal boundary of acceptable behaviour was shifting, not only within the legal arena, but also with the active involvement of society beyond the courts.

Oxford, UK: Oxford University Press, 2015. 440p.

What Is Structural Injustice?

Edited by Jude Browne and Maeve McKeown

What is Structural Injustice? is the first edited collection to bring together the voices of leading structural injustice scholars from politics, philosophy and law to explore the concept of structural injustice which has now become a central feature of all three disciplines and is considered by many to be a ‘field of study.’ The volume features specially selected original and essential works on structural injustice. The volume provides a range of disciplinary, ontological and epistemological perspectives on what structural injustice is and includes feminist and post-colonial theories to interrogate how structural injustice exacerbates and reproduces existing inequalities and relations of power. This book aims to become a touchstone text for those interested in the different ways we can understand structural injustice, how it manifests, how it relates to other forms of injustice, who is responsible for its redress and the different ways we might go about it. This book will appeal to a wide audience of students, both undergraduate and postgraduate, as well as the general academic population, experts on structural injustice, interested practitioners in politics and members of the public.

Oxford, UK: Oxford University Press, 2024. 305p.

One in Five Racial Disparity in Imprisonment— Causes and Remedies

By Nazgol Ghandnoosh, Celeste Barry and Luke Trinka

The United States experienced a 25% decline in its prison population between 2009, its peak year, and 2021. While all major racial and ethnic groups experienced decarceration, the Black prison population has downsized the most. But with the prison population in 2021 nearly six times as large as 50 years ago and Black Americans still imprisoned at five times the rate of whites, the crisis of mass incarceration and its racial injustice remain undeniable. What’s more, the progress made so far is at risk of stalling or being reversed.

Washington, DC, Sentencing Project. 2023, 34pg

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

Challenges and Prospects for Evidence-Informed Policy in Criminology

By Thomas G. Blomberg, Jennifer E. Copp, and Jillian J. Turanovic

The relevance of criminology to matters of public policy has been hotly debated throughout the history of the discipline. Yet time and again, we have borne witness to the consequences of harmful criminal justice practices that do little to reduce crime or improve the lives of our most vulnerable populations. Given the urgent need for evidence-informed responses to the problems that face our society, we argue here that criminologists can and should have a voice in the process. Accordingly, this review describes challenges and prospects for evidence-informed policymaking on matters of crime and justice. In terms of challenges, we review discourse on what constitutes evidence, issues with providing guidance under conditions of causal uncertainty, and practical constraints on evidence-informed policymaking. For prospects, we consider the important roles of institutional support, graduate training, and multiple translational strategies for the evidence-informed movement. Finally, we end with several considerations for advancing translational criminology through expanded promotion and tenure criteria, curricula revision, and prioritizing the organization of knowledge. More broadly, our goals are to stimulate disciplinary thinking regarding the ways in which criminology may play a more meaningful role in effectively confronting the ongoing challenges of crime in society.

Annual Review of Criminology, Volume 7, Page 143 - 162

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.

Health, safety, and socioeconomic impacts of cannabis liberalization laws: An evidence and gap map

Eric L. Sevigny, Jared Greathouse, Danye N. Medhin

Background. Globally, cannabis laws and regulations are rapidly changing. Countries are increasingly permitting access to cannabis under various decriminalization, medicalization, and legalization laws. With strong economic, public health, and social justice incentives driving these domestic cannabis policy reforms, liberalization trends are bound to continue. However, despite a large and growing body of interdisciplinary research addressing the policy-relevant health, safety, and socioeconomic consequences of cannabis liberalization, there is a lack of robust primary and systematic research that comprehensively investigates the consequences of these reforms.

Objectives. This evidence and gap map (EGM) summarizes the empirical evidence on cannabis liberalization policies. Primary objectives were to develop a conceptual framework linking cannabis liberalization policies to relevant outcomes, descriptively summarize the empirical evidence, and identify areas of evidence concentration and gaps.

Search Methods. We comprehensively searched for eligible English-language empirical studies published across 23 academic databases and 11 gray literature sources through August 2020. Additions to the pool of potentially eligible studies from supplemental sources were made through November 2020.

Selection Criteria. The conceptual framework for this EGM draws upon a legal epidemiological perspective highlighting the causal effects of law and policy on population-level outcomes. Eligible interventions include policies that create or expand access to a legal or decriminalized supply of cannabis: comprehensive medical cannabis laws (MCLs), limited medical cannabidiol laws (CBDLs), recreational cannabis laws (RCLs), industrial hemp laws (IHLs), and decriminalization of cultivations laws (DCLs). Eligible outcomes include intermediate responses (i.e., attitudes/behaviors and markets/environments) and longer-term consequences (health, safety, and socioeconomic outcomes) of these laws.

Data Collection and Analysis. Both dual screening and dual data extraction were performed with third person deconfliction. Primary studies were appraised using the Maryland Scientific Methods Scale and systematic reviews were assessed using AMSTAR 2.

Main Results. The EGM includes 447 studies, comprising 438 primary studies and nine systematic reviews. Most research derives from the United States, with little research from other countries. By far, most cannabis liberalization research focuses on the effects of MCLs and RCLs. Studies targeting other laws—including CBDLs, IHLs, and DCLs—are relatively rare. Of the 113 distinct outcomes we documented, cannabis use was the single most frequently investigated. More than half these outcomes were addressed by three or fewer studies, highlighting substantial evidence gaps in the literature. The systematic evidence base is relatively small, comprising just seven completed reviews on cannabis use (3), opioid-related harms (3), and alcohol-related outcomes (1). Moreover, we have limited confidence in the reviews, as five were appraised as minimal quality and two as low quality.

Authors’ Conclusions. More primary and systematic research is needed to better understand the effects of cannabis liberalization laws on longer-term—and arguably more salient—health, safety, and socioeconomic outcomes. Since most research concerns MCLs and RCLs, there is a critical need for research on the societal impacts of industrial hemp production, medical CBD products, and decriminalized cannabis cultivation. Future research should also prioritize understanding the heterogeneous effects of these laws given differences in specific provisions and implementation across jurisdictions

Systematic Reviews, vol. 19(4), 2023.

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

Report on Indicators of School Crime and Safety: 2022

By Véronique Irwin; Ke Wang; Jiashan Cui; and Alexandra Thompson

This report is the 25th in a series of annual publications produced jointly by the Bureau of Justice Statistics (BJS) and the National Center for Education Statistics (NCES), Institute of Education Sciences, Department of Education. It provides official estimates of school crime and safety from a variety of data sources, including national surveys of students, teachers, principals, and post-secondary institutions. The report presents data on different types of student victimization, measures of school conditions, and student perceptions about their personal safety at school. Indicator 2: Incidence of Victimization at School and Away From School includes data from BJS’s National Crime Victimization Survey. Each of the 23 indicators is presented separately, and all indicators can be found in the Condition of Education at NCES.

Highlights:

  • For students ages 12–18, the rate of nonfatal criminal victimization (including theft and violent victimization) at school in 2019 was not significantly different than the rate in 2010. From 2019 to 2021, the rate at school decreased from 30 to 7 victimizations per 1,000 students.

  • Lower percentages of public school teachers in 2020–21 than in 2011–12 reported being threatened with injury by a student from their school (6 vs. 10 percent) and being physically attacked by a student from their school (4 vs. 6 percent).

  • Higher percentages of public schools in 2019–20 than in 2009–10 reported problems with student cyberbullying (16 vs. 8 percent) at least once a week.

  • Lower percentages of students in grades 9–12 in 2019 than in 2009 reported the following issues: having been in a physical fight on school property in the previous 12 months (8 vs. 11 percent); carrying a weapon on school property during the previous 30 days (3 vs. 6 percent); and using alcohol on at least 1 day during the previous 30 days (29 vs. 42 percent).

Washington, DC: The U.S. Department of Justice (DOJ), Bureau of Justice Statistics (BJS) and National Center for Education Statistics (NCES), Institute of Education Sciences, and Department of Education , 2023,