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Open Access
Book part
Publication date: 19 November 2020

Abstract

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The Impact of Global Drug Policy on Women: Shifting the Needle
Type: Book
ISBN: 978-1-83982-885-0

Abstract

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The Sustainability of Restorative Justice
Type: Book
ISBN: 978-1-78350-754-2

Book part
Publication date: 3 January 2015

Adam B. Shniderman and Charles A. Smith

The International Criminal Court has institutionalized the concept of individual responsibility for human rights violations. The jurisprudence of international criminal law has…

Abstract

The International Criminal Court has institutionalized the concept of individual responsibility for human rights violations. The jurisprudence of international criminal law has developed along with the institution. Affirmative defenses in the mitigation of punishment or avoidance of responsibility are becoming increasingly important in international criminal procedure. We contend that diminished culpability based on advances in neuroscience provides the most challenging set of choices for the international legal community. Of the variety of affirmative defenses, emerging neuroscience-based defense provide the most challenging set of choices for the international legal community. The Esad Landzo case at the ICTY brings these challenges into focus. We discuss the difficult choices the International Criminal Court will have to make to balance the rights and needs of the victims and the due process rights of the accused.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78441-568-6

Book part
Publication date: 21 March 2023

Ezgi Ildirim

Recently researchers working on criminal behaviour have interested in elder offenders as the population is getting older. Crime statistics showed that the number of offenders over…

Abstract

Recently researchers working on criminal behaviour have interested in elder offenders as the population is getting older. Crime statistics showed that the number of offenders over the age 55 is increasing each year. These statistics revealed that older people engage not only in minor crimes but also engage in serious crimes. One of this kind of crimes is sexual abuse which is defined as sexual offending against the individuals who are incapable of giving consent. Although public view regarding to elder people sexuality is seen as they are incapable of this kind of acts because of their age, the statistics showed that contrary. Yet the reasons behind the offending behaviour of these elderly people is explained little by the researchers. The aim of this chapter is to review the psychological perspective including neurobiological, psychiatric, cognitive and behavioural perspective. Neurobiological and psychiatric approach mainly focused on disease that lead to criminal conduct like dementia or paedophilia. Cognitive approach emphasises the cognitive distortions regarding to sexual abuse behaviour. Behavioural approach proposed that the learning process based on classical conditioning and operant conditioning determine the sexual abuse behaviour. Yet none of the theories alone not enough to explain the sexual abuse behaviour in elderly people. There is a need for more studies on sex offending behaviour of elderly people in order to have comprehensive understanding of their behaviour and to put forward new theoretical models.

Abstract

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A History of the Assessment of Sex Offenders: 1830–2020
Type: Book
ISBN: 978-1-78769-360-9

Book part
Publication date: 10 June 2016

Aaron Roussell and Jason Dunbar

By making the explicit connections between the processes of urban-suburban racial transitions and Wilson and Kelling’s broken windows theory, this chapter proposes the linkage…

Abstract

Purpose

By making the explicit connections between the processes of urban-suburban racial transitions and Wilson and Kelling’s broken windows theory, this chapter proposes the linkage between concern for crime/disorder and anti-Blackness.

Methodology/approach

The contention is supported by recounting and highlighting key historical dynamics and their congruency with the original broken windows treatise; bringing in relevant research regarding racial coding and assumptions; surveys on residential mobility; and theoretical frameworks on colorblind racism.

Findings

The enduring popularity of broken windows theory is likely more due to its colorblind explanations of the suburbanization of urban Whites than to the explanatory merit of the theory. To explain the origin of such (problematic) concepts as “urban decay” and “crime-ridden communities,” the theory deflects concerns for determinative processes such as deindustrialization, integration, overpolicing, and historical anti-Blackness and provides a parable regarding a lack of vigilance in support of community norms, which in White communities have traditionally been segregationist. The moral of the parable is that “urban decay” is the result of Whites allowing desegregation to proceed after Brown v. Board.

Originality/value

This chapter provides a macro-discursive explanation for the popularity of broken windows theory and helps explain its centrality to the ongoing discussions regarding race, territorial and disorder policing, and practices such as stop-and-frisk.

Details

The Politics of Policing: Between Force and Legitimacy
Type: Book
ISBN: 978-1-78635-030-5

Keywords

Book part
Publication date: 24 June 2011

Paul (Lish) Harris

Almost every city in America has felt the effects of the current home foreclosure crisis. It has been reported that 94 of the top 100 metropolitan areas reported an increase in…

Abstract

Almost every city in America has felt the effects of the current home foreclosure crisis. It has been reported that 94 of the top 100 metropolitan areas reported an increase in home foreclosures in 2008. Yet, some of the varying costs of this ongoing crisis are relatively unknown. This chapter offers a theoretical examination of the influence an increase in vacant homes due to home foreclosure may have on criminal behavior. It does so by first discussing the breadth of the home foreclosure crisis. Next, the chapter covers strain, social disorganization, and disorder theories and addresses their explanations of the potential criminal consequences of vacant homes due to home foreclosure. Then, the chapter discusses if these classic theories actually apply to this crisis. This is done by introducing the concept of suburban insulation. Finally, the conclusion links the key concepts and ideas from the aforementioned theories and how they best relate to this current phenomenon.

Details

Economic Crisis and Crime
Type: Book
ISBN: 978-0-85724-801-5

Book part
Publication date: 29 October 2012

Susan S. Kuo

Purpose – This study explores legal justifications for applying an enhanced criminal sanction to wrongs committed before, during, and after disasters.Design/methodology/approach …

Abstract

Purpose – This study explores legal justifications for applying an enhanced criminal sanction to wrongs committed before, during, and after disasters.

Design/methodology/approach – This study uses recent social science evidence to evaluate the need for criminal statutes covering looting, price gouging, and other disaster-related offenses. Further, this study considers a broader historical context, identifying intersections of disaster crime and the common law's treatment of riots and public disorder.

Findings – Although individual disaster victims and communities are vulnerable to criminal harm, and this vulnerability often appears to motivate the punishment of disaster-related crimes, it is not the only or even the strongest justification available. As an alternative approach, one could focus on the public dimension of the harm – disaster-related crimes are particularly pernicious because they threaten to undermine the legitimate governing authority of the state.

Originality/value of paper – The public-order thesis yokes current legal doctrine to longstanding common law themes and, in so doing, departs from conventional justifications for the enhanced punishment of disaster-related crime. The critical perspective offered here could be extended to criminal penalty enhancements more generally. Moreover, because the rationale for identifying and punishing wrongful conduct is the fundamental question of criminal law, even a modest reassessment has potentially far-reaching implications.

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Disasters, Hazards and Law
Type: Book
ISBN: 978-1-78052-914-1

Book part
Publication date: 20 July 2017

Angela Hall, Stacy Hickox, Jennifer Kuan and Connie Sung

Barriers to employment are a significant issue in the United States and abroad. As civil rights legislation continues to be enforced and as employers seek to diversify their…

Abstract

Barriers to employment are a significant issue in the United States and abroad. As civil rights legislation continues to be enforced and as employers seek to diversify their workplaces, it is incumbent upon the management field to offer insights that address obstacles to work. Although barriers to employment have been addressed in various fields such as psychology and economics, management scholars have addressed this issue in a piecemeal fashion. As such, our review will offer a comprehensive, integrative model of barriers to employment that addresses both individual and organizational perspectives. We will also address societal-level concerns involving these barriers. An integrative perspective is necessary for research to progress in this area because many individuals with barriers to employment face multiple challenges that prevent them from obtaining and maintaining full employment. While the additive, or possibly multiplicative, effect of employment barriers have been acknowledged in related fields like rehabilitation counseling and vocational psychology, the Human Resource Management (HRM) literature has virtually ignored this issue. We discuss suggestions for the reduction or elimination of barriers to employment. We also provide an integrative model of employment barriers that addresses the mutable (amenable to change) nature of some barriers, while acknowledging the less mutable nature of others.

Details

Research in Personnel and Human Resources Management
Type: Book
ISBN: 978-1-78714-709-6

Keywords

Book part
Publication date: 28 March 2015

David Thacher

The vast majority of contemporary social scientists have distanced themselves from moral reflection and the academic disciplines that engage in it. Throughout his long career…

Abstract

The vast majority of contemporary social scientists have distanced themselves from moral reflection and the academic disciplines that engage in it. Throughout his long career Philip Selznick took a different path, engaging deeply with the moral content of the concepts he employed. This paper argues that he had good reasons to do so. Value neutrality in social research can fatally sever inquiry’s connection to the practical concerns that originally motivated it, and it can distort our understanding of those concerns by recasting them in a scientific mold. To make this case I draw from a long tradition of philosophical thought about the relationship between facts and values, and I illustrate it by examining the limitations of recent social science research about procedural justice in organizations and the order maintenance function of the police.

Details

Institutions and Ideals: Philip Selznick’s Legacy for Organizational Studies
Type: Book
ISBN: 978-1-78441-726-0

Keywords

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