Patrick Bishop

Bio: Patrick Bishop is an academic researcher from Swansea University. The author has contributed to research in topics: Environmental law & Criminal law. The author has an hindex of 3, co-authored 11 publications receiving 41 citations.

Criminal Law as a Preventative Tool of Environmental Regulation: Compliance Versus Deterrence

Abstract: The effective enforcement of environmental law is an issue which continues to engender considerable academic debate. The conclusions that may be drawn from such debate will have implications not only for the future of environmental law but also the wider regulatory reform agenda. This article commences with several noncontentious propositions. First, any regulatory regime ought to place considerable emphasis on preventing harm; within the context of environmental law, this view is encapsulated by the preventative principle. Secondly, one may be tempted to treat the criminal law as a purely reactive or curative mechanism were it not for the deterrent effect associated with the imposition of criminal sanctions. Therefore, the initial premise is that if environmental law is to become more preventative in scope, policymakers ought to consider how the deterrent effect of environmental criminal law may be bolstered. Academic publications and official reports are replete with assertions that the fines imposed by the courts for environmental crime are lamentably low. A preoccupation with the level of fine may lead one to overlook the fundamental importance of the likelihood of apprehension as an essential ingredient of the deterrence formula. Mainstream criminological discourse provides clear evidence that the probability of apprehension has a greater influence on deterrence than severity of sanction. In this context, the enforcement style adopted by the relevant enforcement agency is crucial; in particular, whether the style adopted augments the perception that apprehension is more probable. This article proceeds to argue that many of the assumptions on which the compliance style is based may be questioned, if not totally undermined. It is contended that a transition from compliance-orientated enforcement towards an approach more focused on deterrence has the potential to enhance the deterrent, and by extension the preventative effect, of environmental criminal law.

Cyberterrorism, criminal law and punishment- based deterrence

Abstract: Introduction Whenever policymakers and legislators are faced with the emergence of a new threat, either real or perceived, recourse to the criminal law is often inevitable. It is accepted almost axiomatically, that the creation of a new offence or the extension of existing offences is a suitable and effective response to any activity which poses a risk to society. As Ashworth has noted: “From the point of view of governments it [criminal law] . . . is a multi-purpose tool, often creating the favourable impression that certain misconduct has been taken seriously and dealt with appropriately” (Ashworth 2000: 225). It seems that cyberterrorism is no exception to this phenomenon. At the time of writing, the Serious Crime Bill is proceeding through the UK parliament; the Bill amends the Computer Misuse Act 1990 by creating a new offence of unauthorised acts in relation to a computer that result, either directly or indirectly, in serious damage to the economy, the environment, national security or human welfare; or creates a significant risk of such damage. The new offence will carry a maximum sentence of life imprisonment for cyberattacks which result in loss of life, serious illness or injury, or serious damage to national security; and 14 years’ imprisonment for cyberattacks causing, or creating a significant risk of, severe economic or environmental damage or social disruption. The impact assessment which preceded the Bill specifically states that the proposed amendments are intended, inter alia, to “deter individuals from committing cyber offences”. (Ministry of Justice 2014). Thus, it seems the dissuasive effect of the criminal law is accepted almost “on faith”, without any meaningful attempt at rigorous evaluation. This chapter will provide a theoretical analysis of the extent to which punishment-based deterrence-orientated criminal law and enforcement might be effective in the context of cyberterrorism. The starting point is Becker’s deterrence calculus, which, in rudimentary terms, postulates that compliance will be ensured where the expected penalty associated with a criminal act, discounted by the probability of apprehension, exceeds the likely gains from illegal activity. The extent to which the criminal law is capable of deterring illegal conduct is a highly contested issue; a survey of the academic literature reveals considerablescepticism about the ability to deter crime through the manipulation of law enforcement practices and criminal sanctions. The deterrence calculus is premised on two neo-classical economic assumptions; namely, that members of the target audience behave as rational profit maximisers and are able to obtain sufficient information to conduct an accurate assessment of the risks of criminal activity. Further, academic discourse is replete with assertions to the effect that the potential deterrent effect of the criminal law is bolstered where the offending activity is also subjected to community censure. Thus, it will be argued that the conditions which must exist for effective deterrence are seldom, if ever, present in the context of terrorism in general, and cyberterrorism in particular. Further, the mainstream criminological viewpoint is that increasing the probability of apprehension (as opposed to increasing the severity of sanction) is a more efficacious method of achieving deterrence. In the specific context of a cyberattack, the inherent nature of cyberspace (anonymity, jurisdictional complexity, etc.) is such that criminal investigation and enforcement policies designed to increase the probability of apprehension are problematic; even if successful, such measures would be expensive and possibly overly draconian, potentially acting as an inducement to engage in terrorist activity. This chapter will accordingly argue that the extent to which the criminal law and criminal enforcement is able to achieve a deterrent effect in the context of cyberterrorism is uncertain at best. It will further be contended that as a policy response, the resources needed to bolster the deterrent effect of legal sanctions may be better targeted at technological innovations designed to maintain the situation which produces (from the terrorist’s viewpoint) an unfavourable costbenefit ratio for any proposed cyberattack.

BCG Vaccination Reduces Risk of Tuberculosis Infection in Vaccinated Badgers and Unvaccinated Badger Cubs

Abstract: Wildlife is a global source of endemic and emerging infectious diseases. The control of tuberculosis (TB) in cattle in Britain and Ireland is hindered by persistent infection in wild badgers (Meles meles). Vaccination with Bacillus Calmette-Guerin (BCG) has been shown to reduce the severity and progression of experimentally induced TB in captive badgers. Analysis of data from a four-year clinical field study, conducted at the social group level, suggested a similar, direct protective effect of BCG in a wild badger population. Here we present new evidence from the same study identifying both a direct beneficial effect of vaccination in individual badgers and an indirect protective effect in unvaccinated cubs. We show that intramuscular injection of BCG reduced by 76% (Odds ratio = 0.24, 95% confidence interval (CI) 0.11–0.52) the risk of free-living vaccinated individuals testing positive to a diagnostic test combination to detect progressive infection. A more sensitive panel of tests for the detection of infection per se identified a reduction of 54% (Odds ratio = 0.46, 95% CI 0.26–0.88) in the risk of a positive result following vaccination. In addition, we show the risk of unvaccinated badger cubs, but not adults, testing positive to an even more sensitive panel of diagnostic tests decreased significantly as the proportion of vaccinated individuals in their social group increased (Odds ratio = 0.08, 95% CI 0.01–0.76; P = 0.03). When more than a third of their social group had been vaccinated, the risk to unvaccinated cubs was reduced by 79% (Odds ratio = 0.21, 95% CI 0.05–0.81; P = 0.02).

OpenStreetMap in GIScience: Experiences, Research, and Applications

Abstract: This edited volume presents a collection of lessons learned with, and research conducted on, OpenStreetMap, the goal being to promote the projects integration. The respective chapters address a) state-of-the-art and cutting-edge approaches to data quality analysis in OpenStreetMap, b) investigations on understanding OpenStreetMap contributors and the nature of their contributions, c) identifying patterns of contributions and contributors, d) applications of OpenStreetMap in different domains, e) mining value-added knowledge and information from OpenStreetMap, f) limitations in the analysis OpenStreetMap data, and g) integrating OpenStreetMap with commercial and non-commercial datasets. The book offers an ideal opportunity to present and disseminate a number of cutting-edge developments and applications in the field of geography, spatial statistics, GIS, social science, and cartography.

The Micro Geopolitics of (Eco)Tourism: Competing Discourses and Collaboration in New Zealand and Brazil

Abstract: DVD Slideshow disc of supplementary material available with the print copy of this thesis, held at the University of Waikato Library.

Anthropocentric and Ecocentric: An Application of Environmental Philosophy to Outdoor Recreation and Environmental Education.

Abstract: Sometimes environmental philosophers write only for other environmental philosophers, and their insights on the nature–human relationship do not reach environmental educators and adventure programmers. This article investigates one aspect of environmental philosophy and the differences between anthropocentric and ecocentric thinking, and applies it to the outdoor recreation and environmental education fields. Even some philosophers themselves believe that the anthropocentric/ecocentric debate is a theoretical discussion with few practical implications, but there are several reasons that outdoor recreation professionals and environmental educators might consider anthropocentric and ecocentric distinctions in their work. They include an appreciation of motivations behind environmental action and the practical value of discussing philosophical differences.

Green victimology and non-human victims:

Abstract: This article explores the tensions and interplay between human and non-human environmental victims from the point of view of eco-justice. The article begins by sketching out the broad contours of green victimology as a newly emerging area of intellectual engagement. Human victims of environmental harm are not widely recognised as victims of ‘crime’. Moreover, within the category ‘victim’, the non-human environmental victim is seldom considered worthy of attention. From an eco-justice perspective, victimhood can be conceptualised in terms of environmental justice (the victim is human), ecological justice (the victim is specific environments) and species justice (the victim is animals, and plants). Hierarchies of victims between and within each of these categories can be identified. One response to these hierarchies is to assert the notion of ‘equal victimhood’ (based on the notion, for example, that all species should be considered equal or that the natural environment has its own intrinsic worth). However, the eco-justice approach adopted in this article argues that context (both social and ecological) is vital to understanding and responding to specific instances of environmental victimisation. Particular circumstances must be taken into account in the conceptualisations of victimisation and in the moral weighing up of interests and harms in any given situation.