Qualitative criminology : Stories from the field

Qualitative researchers in the discipline of criminology perform a wide range of challenging tasks. They interview prisoners, police officers, magistrates and judges. They speak with survivors of domestic violence, and drink tea with the mothers of murdered children. They observe courts and communities, investigate the decision-making processes of juries and immerse themselves in the data they collect. They ask ‘big’ questions – ‘how do we criminalise the producers of toxic toys?’ – as well as ‘little’ questions – ‘what should I wear to conduct this interview?’ Qualitative Criminology: Stories from the Field brings to life the stories behind the research of both emerging and established scholars in Australian criminology. The book’s contributors provided honest, reflective, and decidedly unsanitised accounts of their qualitative research journeys - the lively tales of what really happens when conducting research of this nature, the stories that often make for parenthetical asides in conference papers but tend to be excised from journal articles. This book considers the gap between research methods and the realities of qualitative research. As such, it aims to help researchers and students who conduct qualitative criminological research reflect upon their role as researchers, and the practical, ideological and ethical issues which may arise in the course of their research. It is also a call to criminologists to make public the ‘failures’ and missteps of their research endeavours so that we can learn from one another and become better informed and more reflexive qualitative criminologists.

Criminal intent

The High Court recently heard submissions of counsel in Zaburoni v The Queen. This case concerns an appeal against conviction for transmitting a serious disease with intent under section 317(b) and (e) of the Queensland Criminal Code. It raises important issues about the meaning of intent and how intent can be proven in Queensland criminal offences. Since intent is an element of so many of the more serious crimes, it is surprising to see that the courts, both in England and Australia, continue to grapple with how best to define it. In murder, for example, the accused is potentially going to be locked up for a very long time, so it is essential that the courts and juries are very clear on what intent actually means, so that they can be confident in correctly finding that it was present on the facts of the case.

Les ordonnances de non-publication à l'enquête sur mise en liberté provisoire et à l'enquête préliminaire : quand inefficacité rime avec inconstitutionnalité

Le présent mémoire se penche sur la constitutionnalité des articles 517 et 539 C.cr., qui prévoient des ordonnances de non-publication à l'enquête sur mise en liberté provisoire ainsi qu'à l'enquête préliminaire. L'auteur présente d'abord les modalités d'application de chacune de ces ordonnances. Suit ensuite un portrait de la jurisprudence sur la constitutionnalité de ces deux dispositions. L'auteur applique par la suite aux dispositions le test élaboré dans l'arrêt Oakes. Il conclut que l'objectif des dispositions, qui consiste à assurer un procès équitable à l'accusé, est urgent et réel. L'auteur constate ensuite que le critère du lien rationnel n'est pas satisfait puisque, ordonnance ou pas, les informations préjudiciables pour un accusé seront de toute façon dispersées dans le public, notamment grâce aux nouvelles technologies de l'information. À défaut de profiter d'informations fiables retransmises par les médias, le public devra se concentrer sur les rumeurs non vérifiables propagées par le Web. Le critère de l'atteinte minimale est également examiné. L'auteur estime que ni les récusations motivées, ni le changement de venue, ni les directives aux jurés ne sont en mesure de remplacer des ordonnances de non-publication. Enfin, l'auteur estime que les articles 517 et 539 C.cr. échouent le critère de proportionnalité entre les effets préjudiciables et les effets bénéfiques. En conclusion, comme alternative aux interdits de publication, l'auteur propose une réforme du processus de récusations motivées.

La revolución del cura Botero: Una disputa por las fuentes del derecho. Antioquia, 1835-1848.

En esta investigación se estudian los conflictos nacidos en la progresiva definición de las formas jurídicas y de saber que acompañaron el re-asentamiento de instituciones y grupos de poder después de la ruptura política con España. Este análisis se conduce mediante un estudio de caso, la historia de un sacerdote ilustrado que emprendió en 1835 una querella contra la enseñanza del materialismo y el ateísmo prevista en la reclasificación republicana de saberes. La Revolución del cura Botero se desarrolló en la Villa de la Candelaria y constituye un ejemplo histórico de un tipo de resistencia local a la derogación y suplantación de las viejas formas de producción jurídica y de ordenación social. El caso Botero sirve como pre-texto para estudiar una respuesta local a la iniciativa centralista de abrogación de una cultura material por la entrada en vigor de un modelo de ordenación formal de orientación legicéntrica y liberal, ilustra un tipo localizado de resistencia a la implantación del modelo republicano en Colombia. Mediante un caso y un exhaustivo ejercicio de reconstrucción documental se recrea un problema central de la cultura jurídica revolucionaria: la disputa por las fuentes del derecho, la verdad y el saber en el “tránsito” a la “modernidad jurídica”. En ella se propone un modo de hacer historia del derecho a partir de casos concretos, historia local y documentos no oficiales como forma de reivindicación pedagógica de los pequeños objetos, aquellos que ponen a prueba el funcionamiento real de mecanismos hegemónicos.

The right to an impartial hearing trumps the social imperative of bringing accused to trial even 'down under'

Accused persons who are subjected to a saturation level of negative media coverage may be denied an impartial hearing, which is perhaps the most important aspect of the right to a fair hearing. Despite this, the courts have generally held that the social imperative of prosecuting accused trumps the interests of the accused. The justification for an impartial hearing stems from the repugnance of convicting the innocent. Viewed dispassionately, this imperative is not absolute, given that every legal system condones procedures which result in the conviction of some innocent people. While the importance of guarding against wrongful convictions has been overstated, the imperative to bring to trial all accused has been even more exaggerated. The legal system has displayed a capacity to deal with cases where the guilty walk free. The institutional integrity of the criminal justice system would be significantly compromised by convictions that are tarnished by pre-judgment. Confidence in the criminal justice system is more important than individual criminal accountability. The inability to receive an impartial hearing should result in a permanent stay. The only exception is where the alleged crime has the capacity to cause widespread fear or social unrest. This only applies in relation to serious acts of terrorism. This article focuses on recent legal fair trial developments in Australia, however, the analysis, reasoning and conclusion applies in relation to all jurisdictions where juries determine guilt and innocence.

Simulated jury decision making in online focus groups

Purpose – A significant issue in jury research has been the use of individual jurors to analyse jury decision-making. This paper aimed to examine the applicability of computer-mediated communication to a mock jury deliberation study.

Design/methodology/approach – Groups of three to five Australian residents anonymously attended a secure chat room and participated in a semi-structured discussion about a simulated child sexual assault scenario. Deliberation transcripts were analysed thematically using NVivo. A hermeneutic framework was used to analyse the deliberation transcripts.

Findings – Five interrelated themes were revealed, each reflecting the tools online juries used to communicate, create meaning, and arrive at a verdict. Electronic jury deliberation promoted an understanding of how people make sense of child sexual assault cases in Australia today.

Originality/value – This study advanced the understanding of online decision making in a child sexual assault scenario. It demonstrated that knowledge of how juries deliberate and create meaning could improve our understanding of how verdicts are achieved. Electronic mock juries are a valuable adjunct to traditional jury deliberation studies because they are cost effective, time efficient, and offer wider recruitment opportunities.

The influence of propensity evidence on juror decision-making

The influence of age, gender, and presentation of propensity evidence on juror decision-making was examined. Results showed that age was significantly related to verdict outcome, with older adults more likely to deliver a verdict of not guilty. Ceiling effects potentially obscured any significant effects of propensity evidence on juror decision-making.

Proportionality in sentencing: the need to factor in community experience, not public opinion

This is the first book to address the question of what role public opinion should play in the way criminal offenders are punished.Should public opinion determine—or even influence—sentencing policy and practice? Should the punishment of criminal offenders reflect what the public regards as appropriate? These deceptively simple questions conceal complex theoretical and methodological challenges to the administration of punishment.In the West, politicians have often answered these questions in the affirmative; penal reforms have been justified with direct reference to the attitudes of the public. This is why the contention that politicians should bridge the gap between the public and criminal justice practice has widespread resonance. Criminal law scholars, for their part, have often been more reluctant to accept public input in penal practice, and some have even held that the idea of consulting public opinion constitutes a populist approach to punishment.The purpose of this book is to examine the moral significance of public opinion for penal theory and practice. For the first time in a single volume the editors, Jesper Ryberg and Julian V. Roberts, have assembled a number of respected criminologists, philosphers, and legal theorists to address the various aspects of why and how public opinion should be reflected in the way the criminal justice system deals with criminals. The chapters address the myriad complexities surrounding this issue by first weighing the justifications for incorporating public views into punishment practices and then considering the various ways this might be achieved through juries, prosecutors, restoratifve justice programs, and other means.

Impacto dos laudos de homicídio de latrocínio junto aos operadores do direito e às sentenças judiciais: o caso da perícia criminal do Instituto de Criminalística no âmbito do Distrito Federal

A presente pesquisa visa identificar o papel do Laudo de Perícia Criminal junto aos operadores do direito, bem como qual o grau de participação nas sentenças proferidas em âmbito judicial. Sabe-se que o Laudo de Perícia Criminal é um documento de cunho técnico-científico – produzido por perito criminal – com o objetivo de auxiliar à Justiça com seu conteúdo baseado no estudo de especialistas, sendo o Laudo de Perícia Criminal um dos meios de prova mais robustos utilizados pelo magistrado para proferir uma sentença judicial ou para uso dos jurados nos casos de crimes dolosos contra a vida. Parte do método de pesquisa foi qualitativo e, para a coleta de dados, utilizou-se de entrevista – mediante questionário – com operadores do direito (delegados de polícia, juízes de direito e promotores de justiça) que atuavam em processos de homicídio e/ou latrocínio e lotados nas cinco Regiões Administrativas que, em conjunto, abarcavam mais de 50% dos crimes dessas naturezas. Posteriormente passou-se à análise documental, onde foram verificados 172 (cento e setenta e dois) levantamentos de local e suas repercussões no âmbito judicial. Algumas conclusões em relação aos laudos foram apontadas: tais como sua intempestividade em alguns casos. Porém, foi possível abrir um novo olhar para o documento técnico que tanto auxilia a justiça criminal. Abordou-se, ainda, a falta de uma realimentação (feedback) de informações para os peritos criminais do Instituto de Criminalística, que acarreta problemas de ordem motivacional.

Competence assessment of final year projects for undergraduate telecommunication students

The value of project-based learning has lead to the inclusion of project development activities in engineering courses, being the Final Year Project (FYP) the most remarkable one. Several approaches have been proposed for assessing and grading FYPs but, among them, rubrics are becoming a standard for such type of assessment. However, due to the different characteristics and orientations of the projects (some are more practically oriented, some more theoretically), and the high amount of different competences to be evaluated (knowledge, working capability, communication skills, etc.), the definition of one unique rubric suitable for the evaluation of all FYPs presented in different degree programs, is a big challenge. In a former work, the educational outcomes expected from the FYP were defined and resulted in a proposal for their assessment. Afterwards, the proposal has been tested during one year within an educational innovation-project at the Universidad Politécnica de Madrid which involved the follow-up of 8 undergraduate telecommunication students elaborating their FYPs. In this publication, our experience will be described, based on the emerging work taking place through the formalisation of the process which consisted in the following steps: i) establishment of a schedule for the whole process (publication of FYPs topics, selection of applying students and their enrolment, assignation of a jury to each FYP, elaboration and follow-up of FYPs, final report submission, oral presentation, etc.); ii) design of rubrics for each of three assessment parts: working process, final report and oral presentation; and iii) follow-up and evaluation of the involved FYPs. Finally, problems that appeared during this experience (e.g. administrative aspects, criticisms and suggestions from the students, tutors and juries involved) are discussed and some modifications in the assessment system will be proposed in order to solve or minimize these problems.

A volume of English miscellanies illustrating the history and language of the northern counties of England.

"Chiefly drawn from the registers of the lord mayor and corporation of York."-Pref., p. [v]

Forensic linguistics : the application of language description in legal contexts

In this article I first divide Forensic Linguistics into three sub-disciplines: the language of written legal texts, the spoken language of legal proceedings, and the linguist as expert witness and then go on to give a small number of examples of the research undertaken in these three areas. For the language of written legal texts, I present work on the (in) comprehensibility of police cautions and of judges instructions to juries. For the spoken language of legal proceedings, I report work on the problems of interpreted interaction, of vulnerable witnesses and the need for more detailed research comparing the interactive rules in adversarial and investigative systems. Finally, to illustrate the role of the linguist as expert witness I report a trademark case, five different authorship attribution cases, three very different plagiarism cases and I end reporting briefly the contribution of linguists to language assessment techniques used in the linguistic classification of asylum seekers. © Langage et société no 132 - juin 2010.

Do Institutional Participatory Projects Contribute to the Development of Political Capabilities?

Participation usually sets off from the bottom up, taking the form of more or less enduring forms of collective action with varying degrees of infl uence. However, a number of projects have been launched by political institutions in the last decades with a view to engaging citizens in public affairs and developing their democratic habits, as well as those of the administration. This paper analyses the political qualifying capacity of the said projects, i.e. whether participating in them qualifi es individuals to behave as active citizens; whether these projects foster greater orientation towards public matters, intensify (or create) political will, and provide the necessary skills and expertise to master this will. To answer these questions, data from the comparative analysis of fi ve participatory projects in France and Spain are used, shedding light on which features of these participatory projects contribute to the formation of political subjects and in which way. Finally, in order to better understand this formative dimension, the formative capacity of institutional projects is compared with the formative dimension of other forms of participation spontaneously developed by citizens.

Experimental Evidence that Retaliation Claims Are Unlike Other Employment Discrimination Claims

The type of discrimination claim that strikes fear in the hearts of all employers is the dreaded retaliation claim. While employers contend, and plaintiffs admit, that retaliation is different from other discrimination complaints, employee advocates have put forth legislation that would equalize retaliation with the other types of discrimination. This bill, Protecting Older Workers against Discrimination Act (POWADA), would expand the so-called mixed-motive jury instruction to age, and disability, as well as retaliation. Moreover, it would allow plaintiffs, not judges, to decide which types of instruction the jury would receive. In this article, the authors argue that retaliation claims should not receive the same treatment as other discrimination claims (including age and disability), because it’s easy for juries to believe that retaliation is a factor, regardless of other facts. Once a fact-finding jury checks the box to indicate that an employer’s motive might include retaliation, the employer will likely have to pay fees and costs, at minimum, regardless of the claim’s final resolution.

THE PHYSICS OF IDEAS: INFERRING THE MECHANICS OF OPINION FORMATION FROM MACROSCOPIC STATISTICAL PATTERNS

In a microscopic setting, humans behave in rich and unexpected ways. In a macroscopic setting, however, distinctive patterns of group behavior emerge, leading statistical physicists to search for an underlying mechanism. The aim of this dissertation is to analyze the macroscopic patterns of competing ideas in order to discern the mechanics of how group opinions form at the microscopic level. First, we explore the competition of answers in online Q&A (question and answer) boards. We find that a simple individual-level model can capture important features of user behavior, especially as the number of answers to a question grows. Our model further suggests that the wisdom of crowds may be constrained by information overload, in which users are unable to thoroughly evaluate each answer and therefore tend to use heuristics to pick what they believe is the best answer. Next, we explore models of opinion spread among voters to explain observed universal statistical patterns such as rescaled vote distributions and logarithmic vote correlations. We introduce a simple model that can explain both properties, as well as why it takes so long for large groups to reach consensus. An important feature of the model that facilitates agreement with data is that individuals become more stubborn (unwilling to change their opinion) over time. Finally, we explore potential underlying mechanisms for opinion formation in juries, by comparing data to various types of models. We find that different null hypotheses in which jurors do not interact when reaching a decision are in strong disagreement with data compared to a simple interaction model. These findings provide conceptual and mechanistic support for previous work that has found mutual influence can play a large role in group decisions. In addition, by matching our models to data, we are able to infer the time scales over which individuals change their opinions for different jury contexts. We find that these values increase as a function of the trial time, suggesting that jurors and judicial panels exhibit a kind of stubbornness similar to what we include in our model of voting behavior.