On treating the symptoms and not the cause: reflections on the Dangerous Dogs Act

The experience of saving a dog that later turned out to be a Pit Bull and therefore banned under the Dangerous Dogs Act 1991, made me investigate the Act and its implications. The Act is not built on evidence and by compiling results from different studies on dog bites and breed‐specific legislation in different countries the conclusion is that there is not much empirical support for breed bans either. ‘Dangerous breeds’ do not bite more frequently than German Shepherds and directing legislation towards certain breeds deemed as ‘dangerous’ cannot therefore be seen as justified. The strength of the label ‘dangerous dog’ seems to rule out policies that follow the facts and there is more treating of symptoms than causes. [From the Author]

When deterrence works - and when it doesn't: a comparison of Sweden's prostitution law and UK's Dangerous Dogs Act

Many pieces of legislation have been implemented with the anticipation - or justification - that they will have a deterrent effect. Deterrence was clearly argued in the debate preceding the Swedish prostitution law prohibiting the purchase of sexual services, but less so regarding the Dangerous Dogs Act, which was a very rapid response to a particular moral panic. As it turned out, the Swedish law has had a deterrent effect on street prostitution in that 'respectable' buyers were deterred. It will be argued that it is this very 'respectability' that makes deterrence work in this case. Regarding the Dangerous Dogs Act, the owners of Pit Bulls and other banned breeds are not considered 'respectable' and the banning might have had the reversed effect - increasing the attraction of these dogs, rather than deterring the ownership. Apart from deterrence and its consequences, the rendering invisible of key actors - buyers and owners respectively - and the use of symbolic legislation to promote moral messages will also be considered. [From the Author]

Artificial intelligence and criminal evidence: A few topics

Abstract not available

The Jama legal narrative part I: The JAMA Model and narrative interpretation patterns

For the purposes of starting to tackle, within artificial intelligence (AI), the narrative aspects of legal narratives in a criminal evidence perspective, traditional AI models of narrative understanding can arguably supplement extant models of legal narratives from the scholarly literature of law, jury studies, or the semiotics of law. Not only: the literary (or cinematic) models prominent in a given culture impinge, with their poetic conventions, on the way members of the culture make sense of the world. This shows glaringly in the sample narrative from the Continent-the Jama murder, the inquiry, and the public outcry-we analyse in this paper. Apparently in the same racist crime category as the case of Stephen Lawrence's murder (in Greenwich on 22 April 1993) with the ensuing still current controversy in the UK, the Jama case (some 20 years ago) stood apart because of a very unusual element: the eyewitnesses identifying the suspects were a group of football referees and linesmen eating together at a restaurant, and seeing the sleeping man as he was set ablaze in a public park nearby. Professional background as witnesses-cum-factfinders in a mass sport, and public perceptions of their required characteristics, couldn't but feature prominently in the public perception of the case, even more so as the suspects were released by the magistrate conducting the inquiry. There are sides to this case that involve different expected effects in an inquisitorial criminal procedure system from the Continent, where an investigating magistrate leads the inquiry and prepares the prosecution case, as opposed to trial by jury under the Anglo-American adversarial system. In the JAMA prototype, we tried to approach the given case from the coign of vantage of narrative models from AI.

Modernity, the new republic and Sing Sing: The creation of a disciplined workforce and citizenry

[Author's description] Bringing together new research on punishment and control in the 19th and 20th centuries, this collection begins by examining the development of the modern prison, gender, social control and punishment, and psychiatry and the criminal justice system. Further, it explores penal olicy, prison practice, and discourses on offenders, providing case studies of: the 'respectable' criminal, the female inebriate and the juvenile offender. The final part examines the experiences of confinement, discipline and resistance, through prisoner memoirs, prison riots and resistance and identity in residential institutions.

Dizzy heights and occupiers' liability

Reviews case law on the occupier's duty of care to trespassers under the Occupiers' Liability Act 1984 s.1, including the issues that apply where the trespasser engaged in risky behaviour, was a child, and where the property was inherently dangerous.

Education and climate change – some systemic connections

Unlike most papers on education and ecology, this one is not concerned with the content of education but its organisation as a system and hence its purpose or finality. The central contention of the paper, which takes English education and training (or ‘learning’) as a case in point, is that in a new market-state formation the pursuit of short-term goals is tied to the global free-market economy over which any attempt at democratic control has been relinquished. At a time when humanity worldwide faces increasing change in the ecology that sustains it, this is considered to be ‘ecocidally insane’ and the opposite of any sort of learning from experience to alter behaviour in the future. The re-regulated new global market is seen in conclusion as a crisis response to the end of the previous Keynesian welfare nation-state formation. As such, it is argued to be unsustainable in any sense.

The Fraud Act 2006: some early observations and comparisons with the former law

Provides a detailed analysis of the Fraud Act 2006 provisions on the offence of fraud by false representation (s.2) and the offence of obtaining services dishonestly (s.11) and assesses the extent to which they address problems arising in connection with the former deception offences under the Theft Acts 1968 and 1978. [From Legal Journals Index]

Female rape: an ongoing concern: strategies for improving reporting and conviction levels

Considers the reasons for the low rate of reported female rape. Examines statistics on reported rape and rape convictions. Reviews reasons for the low rate of reported rape progressing to trial and low conviction rates. Comments on substantive and evidential measures introduced to improve conviction rates and on measures to improve the level of reported rape and reported cases progressing to trial. Assesses the impact of the measures. [From Legal Journals Index]

Social and demographic factors of young fathers in the UK and USA

Research on disadvantaged young fathers has been minimally addressed in the literature, particularly in the UK. In both countries teenage pregnancy rates are high and costly in terms of social policy and community provision. This paper explores 2 studies involving 24 young men with an average age of 17 on the transition to young fatherhood; one study was conducted in the UK with white young men and the other in the USA with black young men. The findings from both studies indicated common themes from their stories, particularly with regard to the high levels of disadvantage and social exclusion they had been exposed to in their demographic environments and the anti-social behaviour they described engaging in, prior to the birth of their child/ren. Specifically, a significant proportion of the young men described how they had been immersed in drug and gun crimes and how this shaped their lives and neighbourhoods. Becoming fathers is presented by both sets of young men as rescuing them from this criminal lifestyle.

Infrastructure, the crisis, and pension funds

Infrastructure investment has been an important element in the economic stimulus packages introduced to try and deal with the effects of the recession. It is reinforced by the need to develop sustainable energy sources, and by the development needs of countries in the south. Public sector finance – tax revenues and bonds – remain the main way of financing such investment. The use of PPP projects to finance and operate infrastructure services, and the development of infrastructure funds as a way of investing in them, are both dangerous and unnecessary.