Crime, Punishment and Article 3 ECHR: Puzzles and Prospects of Applying an Absolute Right in a Penal Context

Article 3 of the European Convention on Human Rights (ECHR), which provides that ‘No one shall be subjected to torture or to inhuman or degrading treatment or punishment’, is considered to enshrine an absolute right. Yet it contains an under-explored element: inhuman and degrading punishment. While torture has been the subject of extensive academic commentary, and inhuman and degrading treatment has been examined to some extent, the prohibition of inhuman and degrading punishment has not been explored in significant depth, in spite of its considerable potential to alter the penal landscape.

This paper elucidates the key doctrinal elements of inhuman and degrading punishment ‘and treatment associated with it’, in the words of the European Court of Human Rights (ECtHR). It addresses a number of ‘puzzles’ or problems which arise in applying the absolute right enshrined in Article 3 of the ECHR to sentencing and imprisonment, clarifies ECtHR doctrine and highlights some of its key implications. Bringing a theoretically informed understanding to bear on the application of Article 3 of the ECHR in a penal context, the paper provides clarity and coherence to a complex and crucial intersection between human rights and penology.

Criminal Justice in Transition: The Northern Ireland Context

This book represents a critical examination of key aspects of crime and criminal justice in Northern Ireland which will have resonance elsewhere. It considers the core aspects of criminal justice policymaking in Northern Ireland which are central to the process of post-conflict transition, including reform of policing, judicial decision-making and correctional services such as probation and prisons. It examines contemporary trends in criminal justice in Northern Ireland as related to various dimensions of crime relating to female offenders, young offenders, sexual and violent offenders, race and criminal justice, community safety and restorative justice. The book also considers the extent to which crime and criminal justice issues in Northern Ireland are being affected by the broader processes of ‘policy transfer’, globalisation and transnationalism and the extent to which criminal justice in Northern Ireland is divergent from the other jurisdictions in the United Kingdom. Written by leading international authorities in the field, the book offers a snapshot of the cutting edge of critical thinking in criminal justice practice and transitional justice contexts.

Zooarchaeology at the Niah Caves, Sarawak:Context and Research Issues INTRODUCTION

Extensive archaeological excavations in the Niah Caves (Sarawak, Malaysian Borneo) over the past 50 years have produced perhaps 750 000 fragments of vertebrate bone, one of the largest faunal assemblages in the region, This paper introduces a series of research studies examining different aspects of the Niah fauna, and discusses how they are contributing to, and shaping, regional research agendas relating to prehistoric environments and societies in Island Southeast Asia. Zooarchaeology has traditionally had a rather 'Cinderella' status here, but the ongoing programme of study of the Niah Caves fauna is demonstrating the remarkable potential of this material to address questions of Pleistocene and Holocene climate and environment, biodiversity, human activities within caves, people's engagement with the landscapes they inhabited as foragers and farmers, and the nature of the transition from foraging to farming. Copyright (C) 2009 John Wiley & Sons, Ltd.

The imprint of the geographical, evolutionary and ecological context on species-area relationships

Species-area relationships (SAR) are fundamental in the understanding of biodiversity patterns and of critical importance for predicting species extinction risk worldwide. Despite the enormous attention given to SAR in the form of many individual analyses, little attempt has been made to synthesize these studies. We conducted a quantitative meta-analysis of 794 SAR, comprising a wide span of organisms, habitats and locations. We identified factors reflecting both pattern-based and dynamic approaches to SAR and tested whether these factors leave significant imprints on the slope and strength of SAR. Our analysis revealed that SAR are significantly affected by variables characterizing the sampling scheme, the spatial scale, and the types of organisms or habitats involved. We found that steeper SAR are generated at lower latitudes and by larger organisms. SAR varied significantly between nested and independent sampling schemes and between major ecosystem types, but not generally between the terrestrial and the aquatic realm. Both the fit and the slope of the SAR were scale-dependent. We conclude that factors dynamically regulating species richness at different spatial scales strongly affect the shape of SAR. We highlight important consequences of this systematic variation in SAR for ecological theory, conservation management and extinction risk predictions.

Extending Customer Relationship Management into a Social Context

Informed by the resource-based view, this study draws on customer relationship management (CRM) and value co-creation literature to develop a framework examining the impact of social networking sites on processes to manage customer relationships. Facilitating the depth and networked interactions necessary to truly engage customers, social networking sites act as a means of enhancing customer relationships through the co-creation of value, moving CRM into a social context. Tested and validated on a data set of hotels, the main contribution of the study to service research lies in the extension of CRM processes, termed relational information processes, to include value co-creation processes due to the social capabilities afforded by social networking sites. Information technology competency and social media orientation act as critical antecedents to these processes, which have a positive impact on both financial and non-financial aspects of firm performance. The theoretical and managerial implications of these findings are discussed accordingly.

How much risk ought we to take? Exploring the possibilities of risk-sensitive consequentialism in the context of climate engineering

When it comes to assessing the deontic status of acts and policies in the context of risk and uncertainty, moral theories are often at a loss. In this paper we hope to show that employing a multi-dimensional consequentialist framework provides ethical guidance for decision-making in complex situations. The paper starts by briefly rehearsing consequentialist responses to the issue of risk, as well as their shortcomings. We then go on to present our own proposal based on three dimensions: wellbeing, fairness and probability. In the last section we apply our approach to a comparison of different climate policy options, including stratospheric solar-radiation management.

Human Perception of Laughter from Context-free Whole Body Motion Dynamic Stimuli

Laughter is a ubiquitous social signal in human interactions yet it remains understudied from a scientific point of view. The need to understand laughter and its role in human interactions has become more pressing as the ability to create conversational agents capable of interacting with humans has come closer to a reality. This paper reports on three aspects of the human perception of laughter when context has been removed and only the body information from the laughter episode remains. We report on ability to categorise the laugh type and the sex of the laugher; the relationship between personality factors with laughter categorisation and perception; and finally the importance of intensity in the perception and categorisation of laughter.

Young People’s Early Offending: The Context of Strained Leisure Careers

Criminology has witnessed a growth of interest in the later stages of criminal careers with less attention given to providing an understanding of the onset of offending which goes beyond identifying the precipitative or ‘risk’ factors. Drawing on findings from a study of young people’s offending careers in Ireland, this article provides a contextualized understanding of the onset of crime located in young people’s biographical experiences and transition through youth more specifically. It focuses on one particular dimension of this process, suggesting that early offending can be understood as emerging in the context of strained leisure careers. The findings also highlight the close interaction between the development of young people’s leisure careers and their experiences of the local neighbourhood and social networks. It argues that responses to the early stages of youth offending must widen their focus from the individual to incorporate an understanding of broader socio-economic and cultural contexts.