Crime de incêndio urbano

Projeto de Graduação apresentado à Universidade Fernando Pessoa como parte dos requisitos para obtenção do grau de licenciado em Criminologia

An analysis of state crime: negotiating multiple insecurities around the U.S. Mexico Border

This research looks into forms of state crime taking place around the U.S.-Mexico border. On the Mexican side of the border violent corruption and criminal activities stemming from state actors complicity with drug trafficking organisations has produced widespread violence and human casualty while forcing many to cross the border legally or illegally in fear for their lives. Upon their arrival on the U.S. side of the border, these individuals are treated as criminal suspects. They are held in immigration detention facilities, interrogated and categorised as inadmissible ‘economic migrants’ or ‘drug offenders’ only to be denied asylum status and deported to dangerous and violent zones in Mexico. These individuals have been persecuted and victimised by the state during the 2007-2012 counter narcotic operations on one side of the border while criminalised and punished by a categorizing anti-immigration regime on the other side of the border. This thesis examines this border crisis as injurious actions against border residents have been executed by the states under legal and illegal formats in violation of criminal law and human rights conventions. The ethnographic research uses data to develop a nuanced understanding of individuals’ experiences of state victimisation on both sides of the border. In contributing to state crime scholarship it presents a multidimensional theoretical lens by using organised crime theoretical models and critical criminology concepts to explain the role of the state in producing multiple insecurities that exclude citizens and non-citizens through criminalisation processes.

Effect of Experience on Alibi Generation and Expectation

Members of the general population have high expectations of people who are asked to corroborate an alibi for the suspect of a crime. The general belief is that it is easy to provide an alibi if a person is innocent, and therefore guilt should be assumed when an alibi cannot be provided. The possibility that having to generate an alibi oneself could influence expectations was examined. Additionally, potential changes in opinion after being provided with positive or negative feedback were explored. Results showed a significant difference in expectations based on whether participants were correct or incorrect in identifying the suspect, that is, whether participants were able to provide an alibi. Those who were incorrect had lower expectations of themselves and of others than those who were correct. Making jurors aware of the difficulty in providing an alibi may lead to fairer treatment of suspects who have difficulty providing one.

Criminal Case Processing of Sexual Assaults in Alaska

Discretion plays a role in nearly every facet of the American criminal justice system. It is widely regarded as necessary to do justice but is not without criticisms – especially when it leads to unfavorable or disparate treatment. The role of discretion in sexual assault cases has been particularly scrutinized. Since the majority of sexual assaults do not fit stereotypic beliefs about what constitutes a “real rape” and “genuine victim,” criminal justice officials use their discretion to filter these cases out of the justice system. This study explored this issue by examining two stages of the criminal justice process: the police decision to refer cases for prosecution and the prosecutorial decision to accept referred cases. In doing so, it contributes to this body of literature in three ways. First, it included sexual assault cases that involve Alaska Native victims and suspects. Second, it addressed a gap in the theoretical scholarship by examining the downstream nature of police decision-making. And finally, it examined the formal reasons prosecutors give for charge dispositions. This study found a significant amount of attrition of sexual assault cases as they progressed through the criminal justice system. Moreover, a combination of legally relevant and extralegal factors was found to be important, but not consistently across all types of sexual assaults. Among legal factors, the number of victim injuries was the most consistent predictor. Among extralegal factors, cases that involved Alaska Native suspects had significantly higher odds of case referral and case acceptance compared to white suspects. The effect of suspect race was particularly pronounced in cases with a white victim. Additionally, the findings suggest that not only are Native American defendants more likely to have their cases referred by police, but once referred, they are also more likely to have them accepted for prosecution. Contrary to expectations, victim-suspect relationship, specifically non-stranger assaults, increased the odds of police referral compared to stranger cases. However, the opposite appears to be true for the decision to prosecute cases. Once referred, prosecutors were five times more likely to accept sexual assaults perpetrated by strangers. The implications of these findings are also discussed.

The role of forensic dentistry for identification of a criminal sexual assault: a casework report

This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.

Surveillance, criminal law and sovereighty

Seeking better understanding of the relationship between criminal law and surveillance demands investigating the evolving nature of sovereignty in an era of transnational digital information flows. While territorial boundaries determine the limits of police investigative and surveillance powers under the criminal law, several recent United States (US) examples demonstrate how new forms of extraterritorial surveillance that enable police to access online communications by foreign citizens and digital information stored in offshore locations are authorized by US courts. This discussion outlines how the processes of mutual legal assistance that ordinarily govern the search, seizure and transfer of digital evidence from one jurisdiction to another are increasingly considered to undermine police efficiency, even though they protect the due process rights afforded to crime suspects under established principles of sovereignty (Palmer and Warren 2013).

Identifying diffusion sources in large networks: a community structure based approach

The global diffusion of epidemics, rumors and computer viruses causes great damage to our society. It is critical to identify the diffusion sources and promptly quarantine them. However, most methods proposed so far are unsuitable for large networks because of their computational cost and the complex spatiotemporal diffusion processes. In this paper, we develop a community structure based approach to efficiently identify diffusion sources in large networks. We first detect the community structure of a network and assign sensors on community bridge nodes to record diffusion dynamics. From the infection time of bridge sensors, we can determine the very first infected community from which the diffusion started and spread out to other communities. This, therefore, overcomes the scalability issue in source identification problems by narrowing the set of suspects down to the first infected community. Then, to accurately locate the diffusion source from suspects, we utilize an intrinsic feature of diffusion sources that the relative infection time of any node is linear with its effective distance from the diffusion source. Thus, for each suspect, we compute the correlation coefficient to measure the degree of linear dependence between sensors' relative infection times and their effective distances from the suspect, and consider the one with the greatest correlation coefficient as the source. We evaluate our approach in two large networks containing more than 300,000 nodes, which are collected from Twitter. The experiment results show that our method can identify diffusion sources with very high degree of accuracy. Especially when the average community size shrinks, the accuracy of our approach increases dramatically.

The Impact of the "Not Sure" Option on Lineup Identification Decisions

Law enforcement officials routinely rely on eyewitness identification evidence to solve crimes. Nonetheless, this form of evidence is prone to errors. Researchers have previously attempted to examine conditions under which such errors can be reduced. The present study examines whether giving witnesses an explicit not sure response option increases the accuracy of lineup identification decisions. 251 participants watched a mock crime video before viewing a lineup that either included the perpetrator, or was made up of innocent suspects. Results indicated that witnesses provided with a not sure option made fewer false identifications, fewer filler identifications, and a similar number of correct identifications as witnesses who were not provided with this option. Furthermore, these benefits occurred regardless of whether witnesses received otherwise biased or unbiased instructions. Results suggest that the inclusion of an explicit not sure response option is a simple procedure that can increase the quality of eyewitness lineup decisions.

The Impact of Cooperation on Defendants' Rights before the ICC: A Contextual Approach

The present study locates the challenges faced by defendants during cooperation proceedings in the context of the unique structural system of the Court, and the inherent tensions and limitations that characterize the ICC’s functioning. The study is divided into two parts. The first part sets out the institutional and jurisdictional context in which cooperation plays out at the ICC. Chapter 2 addresses the ICC dependence on cooperation from an institutional, a political and a normative dimension, showing that compliance with requests for cooperation is ultimately tied to State political willingness and international political pressure; Chapter 3 delves into the connection between cooperation and the complementary jurisdiction of the Court, criticising the ‘positive approach’ to complementarity endorsed by the Prosecutor in order to enhance states cooperation. The second part of the study addresses the impact that cooperation occurring in the above-explained context has on the right to liberty of defendants and on equality of arms. Chapter 4 and 5 analyse the ICC’s law protecting the selected rights, as well as the practice regarding allegations of violations of these rights brought forward by some defendants. It concludes that, so far, the organs of the Court (i.e., the Prosecutor and the judges) have failed to engage with the structural tensions and limitations of the Court with a view of protecting the rights of suspects and accused.