75 resultados para crime and justice
Resumo:
This article will consider the current convergence between war and crime by unpacking Foucault’s analysis of power and Agamben’s elaboration on the conjunction between the banning of a life and the constitution of the polity. It will show that these perspectives link together crime and war as mechanisms that contribute to the governance of the population by legitimating authority and their use of force through the military and the police while excluding part of the population. It will expose how these convergences highlight the problem of the political in the constitution of the social order at the global level. In the current contingency, crime and war are strongly implicated in the crucial political function of calling people to share their similarities and differences, and yet are not the best mechanisms for dealing with the sharing of a world in common.
Resumo:
While waste is increasingly viewed as a resource to be globally traded, increased regulatory control on waste across Europe has created the conditions where waste crime now operates alongside a legitimate waste sector. Waste crime,is an environmental crime and a form of white-collar crime, which exploits the physical characteristics of waste, the complexity of the collection and downstream infrastructure, and the market opportunities for profit. This paper highlights some of the factors which make the waste sector vulnerable to waste crime. These factors include new legislation and its weak regulatory enforcement, the economics of waste treatment, where legal and safe treatment of waste can be more expensive than illegal operations, the complexity of the waste sector and the different actors who can have some involvement, directly or indirectly, in the movement of illegal wastes, and finally that waste can be hidden or disguised and creates an opportunity for illegal businesses to operate alongside legitimate waste operators. The study also considers waste crime from the perspective of particular waste streams that are often associated with illegal shipment or through illegal treatment and disposal. For each, the nature of the crime which occurs is shown to differ, but for each, vulnerabilities to waste crime are evident. The paper also describes some approaches which can be adopted by regulators and those involved in developing new legislation for identifying where opportunities for waste crime occurs and how to prevent it.
Resumo:
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.
Resumo:
Reform of the youth justice system, including the wide incorporation of restorative justice approaches, was a central component of the Criminal Justice Review (2000). Following the devolution of policing and justice powers to the Assembly, the Youth Justice Review (2011) made a series of recommendations for further reforms. These included proposals for the introduction of a statutory time limit in youth cases to tackle avoidable delay. Strengthening legitimacy and advancing rights-based approaches are key themes underpinning the recommendations of Youth Justice Review (2011). Young people’s views of justice within the system are critical to our understanding of how such aims can be achieved. This presentation is based on findings from a longitudinal qualitative study exploring young people’s experiences of transitions into and from custody in the Juvenile Justice Centre. Using a life-history approach young people’s experiences of justice at various stages of the criminal justice process and in the wider context of their lives is explored. Key issues such as social contexts, legitimacy and perceptions of fairness are highlighted and the implications of this for system reform are critically examined.
Resumo:
Drawing on data from UglyMugs.ie (a reporting mechanism for sex workers) this paper considers whether crimes against sex workers should be considered as hate crimes. In many ways, the debates around hate crime in the UK are more developed than in Ireland. As yet the Irish State has yet to criminalise the ‘hate’ element of crime and has been severely criticised for its relatively lacklustre approach to recording incidents of bias or hate crimes against certain social groups. The paper adopts the structural understanding of hate crime espoused by Barbara Perry (2001) who frames the dynamics of hate crime within a complex interplay of political, social and cultural factors. In our analysis we consider what is termed ‘whorephobia’ through the ambit of criminalisation and stigmatisation, gender and heteronormativity in Irish society, and the gendered nature of policing in both parts of Ireland.
Resumo:
For the past three decades or so, criminal justice policies have been enacted under the assumption that individuals who have been convicted of a sex offense are life course persistent sex offenders. In that context, research has been heavily focused on the assessment of risk and the prediction of sexual recidivism.Simultaneously, little to no attention has been given to the majority of individuals convicted of sex offenses who are not arrested or convicted again.Researchers have witnessed a growing gap between scientific knowledge and the sociolegal response to sexual violence and abuse. The current legal landscapecarries important social implications and significant life course impact for a growing number of individuals. More recently, theoretical and research breakthroughs in the study of desistance from crime and delinquency have been made that can help shed some light on desistance from sex offending. Desistance research, in the context of sex offending, however, represents serious theoretical, ethical, legal, and methodological challenges. To that end, this article introduces a special issue exploring current themes in desistance research by examining the life course of individuals convicted of a sexual offense while contextualizing their experiences of desistance.
Resumo:
We present the results of an initial investigation into the efficacy of using testate amoebae for the discrimination of soils from wet ground and puddles, as little attention has been given to these organisms in forensic science. The preservation of testate amoebae in these sediments is generally good, although test concentrations are low. Statistical analysis suggests that restate amoebae assemblages are somewhat spatially distinct and have potential to be used for soil discrimination. A case study is presented where mineralogical (X-ray diffraction) and restate amoebae analyses are used in conjunction to clarify the scene of crime in a 'cold case' murder enquiry. Testate amoebae were recovered from dried sediment residues on clothing 10 years after the murder. Despite these promising results, further experimental work is crucial to examine the spatial and temporal variation of amoebae assemblages in water films, wet ground and puddles before they can be added to the armoury of methods available to the forensic biologist.
Resumo:
Geophysics may assist scent dogs and divers in the search of water bodies for human and animal remains, contraband, weapons and explosives by surveying large areas rapidly and identifying targets or environmental hazards. The most commonly applied methods are described and evaluated for forensic searches. Seismic reflection or refraction and CHIRPS are useful for deep, openwater bodies and identifying large targets, yet limited in streams and ponds. The use of ground penetrating radar (GPR) onwater(WPR) is of limited use in deepwaters (over 20 m) but is advantageous in the search for non-metallic targets in small ditches and ponds. Largemetal or metal-bearing targets can be successfully imaged in deep waters by using towfish magnetometers: in shallow waters such a towfish cannot be used, so a non-metalliferous boat can carry a terrestrial magnetometer. Each device has its uses, depending on the target and location: unknown target make-up (e.g. a homicide victimwith or without a metal object) may be best located using a range ofmethods (the multi-proxy approach), depending on water depth. Geophysics may not definitively find the target, but can provide areas for elimination and detailed search by dogs and divers, saving time and effort.
Resumo:
This article aims to consider the role for a critical criminology outside the national dimension, highlighting its continuities with studies in the critical tradition which have suggested the need to address State criminality and criminogenic structures more in general, but also suggesting a critique of international criminal law as a governmentality project.It reconstructs the genealogy of the international criminal justice system, following on from Schmitt and other well known authors, but it focuses in specific on its paradoxes, contradictions and ambiguities rather than its purely political effect. The authors argue that critical criminologists should engage with the international dimension of crime and control and approach this venture of a international criminal justice system as the possibility of “telling the truth” about State atrocities without missing on using strategically the category of human rights and law to bring to the fore minoritarian interests which are
usually denied by power discourses and economic forces.