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Showing papers in "European Journal on Criminal Policy and Research in 2007"


Journal ArticleDOI
TL;DR: In this paper, the authors argue that the "patriarchal dominance" theory of partner violence (PV) explains only a small part of the violence committed by men and that the absence of evidence indicates that the patriarchal dominance approach to prevention and treatment has been effective.
Abstract: Graham-Kevan’s paper fully documents overwhelming evidence that the “patriarchal dominance” theory of partner violence (PV from here on) explains only a small part of PV. Moreover, more such evidence is rapidly emerging. To take just one recent example, analyses of data from 32 nations in the International Dating Violence Study (Straus 2006; Straus and International Dating Violence Research Consortium 2004) found about equal perpetration rates and a predominance of mutual violence in all 32 samples, including nonWestern nations. Moreover, data from that study also show that, within a couple relationship, domination and control by women occur as often as by men and are as strongly associated with perpetration of PV by women as by men (Straus 2006). GrahamKevan also documents the absence of evidence indicating that the patriarchal dominance approach to prevention and treatment has been effective. In my opinion, it would be even more appropriate to say that what success has been achieved in preventing and treating PV has been achieved despite the handicaps imposed by focusing exclusively on eliminating male-dominance and misogyny, important as that is as an end in itself. Graham-Kevan’s paper raises the question of how an explanatory theory and treatment modality could have persisted for 30 years and still persists, despite hundreds of studies which provide evidence that PV has many causes, not just male-dominance. The answer is that it emerged from a convergence of a number of different historical and social factors. One of these is that gender symmetry in perpetration of partner violence is inconsistent with male predominance in almost all other crimes, especially violent crimes. Another is the greater injury rate suffered by female victims of PV brings female victimization to public attention much more often. Although there are many causes of the persistence of the patriarchal dominance focus, I believe that the predominant cause has been the efforts of feminists to conceal, deny, and distort the evidence. Moreover, these efforts include Eur J Crim Policy Res (2007) 13:227–232 DOI 10.1007/s10610-007-9060-5

67 citations


Journal ArticleDOI
TL;DR: The European Union is in the early stages of developing policy and practice guidelines for dealing with domestic violence offenders as mentioned in this paper, and there is a real danger, however, that that policy and policy is going to be shaped by political lobbyists rather than academic literature and evidence-based practice.
Abstract: The European Union is in the early stages of developing policy and practice guidelines for dealing with domestic violence offenders. There is a real danger, however, that that policy and practice is going to be shaped by political lobbyists rather than academic literature and evidence-based practice. Feminist advocates control the curriculum of domestic violence perpetrator programmes in the US and more recently in the UK and proscribe treatments that do not conform to their conceptualisation of domestic violence. Feminist advocates conceptualise domestic violence as unilateral male-to-female violence enacted to control and dominate women, supported by the patriarchal beliefs and systems of the wider society. Academic support for this theory is lacking, however, and scientifically sound evaluations find that programmes based on this philosophy have little or no effect on recidivism. Empirical literature suggests that domestic violence is not a unitary phenomenon and that perpetrators are a heterogeneous group whose treatment should match their crimingenic needs and risk.

59 citations


Journal ArticleDOI
TL;DR: In this article, a review of existing empirical evidence indicates that most children cease to use physical aggression during the course of childhood, but that a minority fails to do so, and this group is mostly female.
Abstract: Males generally use aggression more often than females. However, the magnitude of difference between the sexes varies widely according to the type of aggression that is considered, and according to the developmental period studied. Taking a developmental perspective, this paper reviews research that compares the progression of physical aggression (predominantly used by males) with indirect aggression (predominantly used by females) among males and females. Existing empirical evidence indicates that most children cease to use physical aggression during the course of childhood, but that a minority fails to do so. This group is comprised of children with high, stable levels of PA and is mostly male. Overall, most children use low levels of IA, but there is one group that uses this type of aggression with increasing frequency. This group is mostly female. Importantly, the differences between the sexes are not stable over time. Rather, while the gap between males and females is present during preschool years, it widens considerably during childhood and preadolescence. A review of hypotheses based on evolution, biology and social learning provides critical insight into the origins and development of sex differences in aggression over the life course. We conclude by arguing that violence in males may be effectively reduced through early, sustained intervention with high-risk mothers.

46 citations


Journal ArticleDOI
TL;DR: In this paper, a set of characteristics that promote anti-theft designs are proposed and form the acronym "IN SAFE HANDS" which is presented as a heuristic device to aid designing-out crime from frequently stolen electronic goods.
Abstract: Anti-theft designs relating to mobile phones are reviewed. The physical and electronic design of handsets includes visual deterrents, owner-identification, and handset tracking options. The systems design of phone networks includes the blacklisting of stolen phones. Other measures include biometric-locking of handsets, and designs that encourage ‘safe’ phone use and transportation. Characteristics that promote anti-theft designs are proposed and form the acronym ‘IN SAFE HANDS’: identifiable, neutral, seen, attached, findable, executable, hidden, automatic, necessary, detectable, and secure. The set of characteristics is presented as a heuristic device to aid designing-out crime from frequently stolen electronic goods.

40 citations


Journal ArticleDOI
TL;DR: In this paper, the authors argue that the application of deprivation of liberty raises in itself a human rights issue, and consider the support that European human rights instruments give to a reductionist penal policy.
Abstract: Official discourse in many European countries advocates the use of imprisonment as a measure of last resort. This principle is also at the core of several Recommendations of the Council of Europe and a Resolution of the European Parliament. In practice, detention rates in European countries vary greatly, and many countries have witnessed an increase in their prison population. This article argues that the application of deprivation of liberty raises in itself a human rights issue, and considers the support that European human rights instruments give to a reductionist penal policy. It concludes by defending a normative argument in favour of rethinking the principle of proportionality in its application to imprisonment.

32 citations


Journal ArticleDOI
TL;DR: The MARC project as mentioned in this paper aimed to develop a mechanism to assess the risk of theft of consumer electronic products, and their corresponding security; and to devise an operational scheme for EU level to influence manufacturers to make their products less criminogenic.
Abstract: Project MARC aimed to develop a mechanism to assess the risk of theft of consumer electronic products, and their corresponding security; and to devise an operational scheme for EU level to influence manufacturers to make their products less criminogenic. The project encountered serious difficulties in the assessment process due, among other things, to limitations of concepts and terminology. This paper describes and analyses those limitations; discusses an approach to redesigning language that draws on biological and risk management concepts; proposes a ‘basic grammar’ of risk and security covering their dual dimensions of probability and harm (underemphasised in crime prevention); focuses on sources of risk centred on the product, based on ‘crime scripts’ and criminal motivation; and explores wider ecological and evolutionary issues. It makes suggestions for improving any assessment scheme and raises wider issues on how crime science should tighten its terminology and bring together approaches to crime prevention and risk management. The present contribution comprises proposals for discussion and development rather than a perfected schema.

31 citations


Journal ArticleDOI
TL;DR: A literature review undertaken for the EU Crime Proofing Steering Group identified a set of legislative crime risk indicators as mentioned in this paper, which are intended to assist in scanning summaries of new legislative proposals to identify regulation that might contribute to fraud, corruption, illegal trade, or environmental crime.
Abstract: A literature review undertaken for the EU Crime Proofing Steering Group identified a set of legislative crime risk indicators. These are intended to assist in scanning summaries of new legislative proposals to identify regulation that might contribute to fraud, corruption, illegal trade, or environmental crime. The case studies reviewed suggest that any regulation carries the risk of such unintended crime consequences, which: (1) introduces product disposal requirements or any other new or more burdensome fee or obligation; (2) introduces a concession on a tax, or a concession on any other fee or obligation; (3) introduces a grant, subsidy, or compensation scheme; (4) introduces or increases the tax on legal goods, or in any other way increases the costs of legal goods; (5) prohibits or restricts a demanded product or service, or in any other way decreases the availability of demanded goods and services; (6) introduces or removes a law enforcement capacity, increases or decreases funding for enforcement activity or in any other way impacts the intensity of law enforcement activity; and (7) provides officials with regulatory power.

24 citations


Journal ArticleDOI
TL;DR: In this article, the role of peer dynamics in the development to aggression and violent behaviors is examined in three types of intervention programs: programs in unstructured settings, universal classroom-based programs, and targeted intervention aimed at the direct manipulation of peer processes.
Abstract: Two processes in the relationships between children have been associated with adverse developmental outcomes in children, namely, peer rejection and affiliation with deviant peers. In numerous studies, both of these processes have been linked not only to negative outcomes, including aggression, delinquency, violence, but also to school failure or internalizing problems. However, we yet have to understand the exact role of peer dynamics in the development towards maladjustment. Many prevention programs aim at manipulating peer dynamics in their effort to prevent aggression and violence. Apart from studying the effectiveness of such programs, these programs can provide valuable insight through which peer dynamics are linked with aggression and violence. In this study, we review prevention programs that studied the role of peer dynamics in the development to aggression and violent behaviors. First, we shortly describe the processes of peer rejection and deviant friends' affiliation. We then review three types of intervention programs: programs in unstructured settings, universal classroom-based programs, and targeted intervention aimed at the direct manipulation of peer processes. From these studies, we demonstrate that intervention success (and also intervention failure) is, to an extent, accounted for by peer dynamics. Implications for further research are discussed. We conclude that although preventive interventions that aim at manipulating the social context of children are promising, we should be cautious with a large-scale implementation of such programs as our knowledge of peer dynamics is yet too limited to ascertain the absence of unexpected negative effects.

23 citations


Journal ArticleDOI
TL;DR: In this article, the authors present a brief review of the situation in: Australia, Canada, Germany, Netherlands, Spain, the United Kingdom, and the United States, and find that while all seven countries are moving towards evidence-based decision making regarding policies and programs to prevent violence, there remain a number of difficulties before this end can be achieved.
Abstract: Do governments take the measures that are supported by the best scientific evidence available? We present a brief review of the situation in: Australia, Canada, Germany, the Netherlands, Spain, the United Kingdom, and the United States. Our findings show surprisingly similar developments across countries. While all seven countries are moving towards evidence-based decision making regarding policies and programs to prevent violence, there remain a number of difficulties before this end can be achieved. For example, there continue to be few randomized controlled trials or rigorous quasi-experimental studies on aggression and violence. Results from experimental research are essential to both policy makers and researchers to determine the effectiveness of programs as well as increase our knowledge of the problem. Additionally, all noted that media attention for violence is high in their country, often leading to management by crisis with the result that policies are not based on evidence, but instead seek to appease public outrage. And perhaps because of attendant organizational problems (i.e., in many countries violence prevention was not under the guise of one particular agency or ministry), most have not developed a coordinated policy focusing on the prevention of violence and physical aggression. It is hypothesized that leaders in democratic countries, who must run for election every 4 to 6 years, may feel a need to focus on short-term planning rather than long-term preventive policies since the costs, but not the benefits for the latter would be incurred while they still served in office. We also noted a general absence of expertise beyond those within scientific circles. The need for these ideas to be more widely accepted will be an essential ingredient to real and sustaining change. This means that there must be better communication and increased understanding between researchers and policy makers. Toward those ends, the recent establishment of the Campbell Collaboration, formed to provide international systematic reviews of program effectiveness, will make these results more available and accessible to politicians, administrators and those charged with making key policy decisions.

22 citations


Journal ArticleDOI
TL;DR: In this paper, the relationship between security policies and democratic debate, oversight and rights is investigated in the context of biometric identification in the European Union and a counterintuitive conclusion is presented, namely that biometrics, which seems prima facie an excellent candidate for technocratic decision-making, sheltered from democratic debate and accountability, is characterized by debate by a plurality of actors.
Abstract: What is the relationship between security policies and democratic debate, oversight and rights? Does coping with security threats require exceptions to the rule of law and reductions of liberties? The inquiry that follows tries to answer such questions in the context of the European Union and takes the case of biometric identification, an area were security considerations and the possible impact on fundamental rights and the rule of law are at stake. Some hypotheses are explored through the case study: “securitisation” and “democratisation” are in tension but some hybrid strategies can emerge; the plurality of “authoritative actors” influences policy frames and outcomes; and knowledge is a key asset in defining these authoritative actors. A counter-intuitive conclusion is presented, namely that biometrics, which seems prima facie an excellent candidate for technocratic decision-making, sheltered from democratic debate and accountability – is characterised by debate by a plurality of actors. Such pluralism is limited to those actors who have the resources – including knowledge – that allow for inclusion in policy making at EU level, but is nevertheless significant in shaping policy; it explains the central role of the metaphor of balancing security and democracy, as well as the “competitive cooperation” between new and more consolidated policy areas. The EU is facing another difficult challenge in the attempt at establishing itself as a new security actor and as a supranational democratic polity: important choices are at stake to assure that citizens’ security is pursued on the basis of the rule of law, respect of fundamental rights and democratic accountability.

21 citations


Book ChapterDOI
TL;DR: In this article, the authors analyse the situation of victims of terrorism in a theoretical victimological framework, and propose a principled approach to compensation based on social solidarity instead of tort law rules.
Abstract: Producing large-scale victimization is one of the prime goals of terrorists worldwide. A regular characteristic not only of the unparalleled attacks of 9/11, with its more than 3,000 direct fatalities, is to provoke maximum public attention by producing as many casualties as possible. Victims fall prone to such events due to a terrorist preference for soft and symbolic targets. Not surprisingly, victims of terrorism receive particular attention when counter-terrorism policies are formulated. In practise, however, compensation and support for those directly or indirectly affected by terrorist acts is often rather poor. This article aims to analyse (i) the situation of victims of terrorism in a theoretical victimological framework, and (ii) legislation in favour of victims of terrorism from a comparative perspective. Significant differences can be found not only within Europe where victim policies are basically EU and CoE guided but likewise in comparison with the policies in the US and Israel, which have both implemented particular legislation for victims of terrorism decades ago. This article argues for the adoption of a principled approach to compensation based on social solidarity instead of tort law rules. Further attention is drawn to a particularly unprivileged group: those individuals who become victims of terrorist threats abroad and who, as a consequence of the territorial limitations applicable to compensation rules, have no access to victim compensation schemes in their home countries.

Journal ArticleDOI
TL;DR: In this article, the authors refer to the Spanish response to the terrorist attacks in the USA and Madrid, with special attention paid to the consequences that (illegal) immigrants faced in relation to their rights.
Abstract: In the aftermath of 9/11 several European countries intensified their counter-terrorism policy. This article refers to the Spanish response to the terrorist attacks in the USA and Madrid, with special attention paid to the consequences that (illegal) immigrants faced in relation to their rights. This collective is often depicted in public opinion as “folk devils” in the terminology of the Moral-Panics Theory. Using the latter as a model, this paper establishes that the connection between counter-terrorism policy and more restrictive legislation for foreigners is a construction, which is either insufficient or not satisfactorily explained by the social actors who propose it. The result is a policy that limits the immigrants’ liberty without necessarily making the rest safer.

Journal ArticleDOI
TL;DR: Social capital has been defined as interpersonal relationships that facilitate action (Bourdieu 1980) and represents an aspect of social reality that individuals (or groups) utilize as a resource in order to further their own interests and to achieve goals that would otherwise be beyond their reach as mentioned in this paper.
Abstract: To review the literature on the effects of social environments on the development of physical aggression, we have chosen to consider a relatively recent unifying concept— social capital. Initially formulated to explain such phenomena as social stratification and economic development, it has since been utilized to interpret various aspects of life in society. Social capital has been defined as interpersonal relationships that facilitate action (Bourdieu 1980). Social capital, therefore, represents an aspect of social reality that individuals (or groups) utilize as a resource in order to further their own interests and to achieve goals that would otherwise be beyond their reach (Coleman 1990); that is to say, it is the investment and the instrumental use of the resources inherent in social networks (Lin 1999). Or, it has been seen as interpersonal trust (Fukuyama 1995) or networks, norms, and trust that enable participants to act together more effectively to pursue shared objectives (Putnam 1993). Social capital constitutes a resource which is often compared to physical capital (tools, machinery, etc.) and human capital (skills acquired by the individual through education and socialization). Physical capital is created through the transformation of raw materials; human capital through the transformation of persons; social capital through changes in the relationships among persons (Coleman 1990). These succinct definitions hint at two different (though not entirely independent) interpretations of the concept of social capital: the first, which is chiefly micro-social, stresses the importance of relationships, social networks, or links that the individual can utilize; the second, which is mainly macro-social, attaches greater importance to the norms of reciprocity and civic engagement as the features of a given society. In general, however, Eur J Crim Policy Res (2007) 13:235–249 DOI 10.1007/s10610-007-9059-y

Journal ArticleDOI
TL;DR: In this article, the authors explore the relevance and applicability of recent theoretical developments in surveillance studies in the context of contemporary British criminal justice policy and argue that surveillance now occupies a privileged position in official policy.
Abstract: This paper explores the relevance and applicability of recent theoretical developments in surveillance studies in the context of contemporary British criminal justice policy. It will be argued that surveillance now occupies a privileged position in official policy. In a raft of new policy initiatives undertaken either as part the general project to modernise the criminal justice system or in response to particular crises, the surveillant solution occupies the central stage. Thus, whether it be in response to anxieties over sex offenders, failures of social services in protecting children at risk, or the management of the prison population, for example, the policy response has been to increase the surveillance capacity of the state. In particular, in line with the new penology thesis we are witnessing an expansion of the generalised surveillance capacity, in relation to all citizens, which may be characterised as passive and reactive. Simultaneously, vestiges of the old criminology remain as an officially designated ‘hard core’ of persistent or problematic offenders subject to the full panoply of surveillance techniques, which are proactive, extensive and intrusive. Thus, we are witnessing both an intensification and a bifurcation of surveillance practice.

Journal ArticleDOI
TL;DR: This article found that the peak age for physical aggression is between the second and the fourth year after birth and that the preschool years are the best window of opportunity to prevent the development of cases of chronic physical aggression.
Abstract: Youth violence is a major public concern in all modern societies. To prevent this violence, we need to understand how innocent young children grow into violent adolescents. Longitudinal studies of large samples of children from infancy to adulthood indicate that the peak age for physical aggression is between the end of the second and the end of the fourth year after birth. Fortunately, because of their size, physical aggression from two-year-olds does not constitute a major threat to the public in general. It is also providential that most children learn to control these physically dangerous and socially disruptive behaviours before they reach their maximum size. This natural course of development suggests that the preschool years are the best window of opportunity to prevent the development of cases of chronic physical aggression. Safe streets probably start with quality early education.

Journal ArticleDOI
TL;DR: The crime vulnerability checklist developed within this paper is judged fit-for-purpose as a provisional measurement but the author urges caution in relation to the security checklist.
Abstract: The research presented within this paper was conducted as part of a 2-year project (Project MARC) to develop and render operational a mechanism to assess the risk of theft of electronic products. Clarke and Newman (Secured goods by design - a plan for security coding of electronic products. London: Department of Trade and Industry, 2002) proposed the use of two checklists—one to measure vulnerability, the other to measure security—as a means of categorising products according to their vulnerability to theft. Consultation with key stakeholders yielded the common view that such a mechanism was worth pursuing, but that it must reflect the language of those who would use it. An extensive consultation with stakeholders from ten European member states ensued. Participants were asked to rate a range of electronic products in terms of vulnerability and security, and to explain their ratings. Their responses were used to develop two checklists that incorporate a variety of factors, weighted according to the frequency with which they were expressed. The crime vulnerability checklist developed within this paper is judged fit-for-purpose as a provisional measurement but we urge caution in relation to the security checklist.

Journal ArticleDOI
TL;DR: The system in England and Wales for the protection of prisoners' rights relies on three institutions: a prisons inspectorate with right of entry to all prisons at any time, a prisons and probation ombudsman, and local independent monitoring boards.
Abstract: The system in England and Wales for the protection of prisoners’ rights relies on three institutions: a prisons inspectorate with right of entry to all prisons at any time, a prisons and probation ombudsman, and local independent monitoring boards. This contribution focuses on the Prisons Inspectorate and discusses its methodology and criteria for inspection, based on international human rights standards; the effectiveness of the inspectorate; its independence and relationships with other monitoring bodies, the government and the prison service; the application of the methodology to other countries outside the UK; and future developments and threats.

Journal ArticleDOI
TL;DR: In this article, the authors review seven types of interventions to prevent physical aggression including: (1) promotion of physical health of mother and child, (2) increase family income, (3) increase access to existing services, (4) home visiting, (5) childcare, (6) preschool programs and (7) improving parenting.
Abstract: Research indicates that children are born with aggressive tendencies which they learn to control through early socialization. A small group, however, shows high aggression levels early on which remain stable throughout their life. Physical aggression is an epiphenomenon in a wide variety of antisocial behaviour, which wrecks the life of the individual as well as having large and negative consequences on society. The premise of this article is that physical aggression can be successfully influenced, but that there is a small window of opportunity in which to do this. Five rules about interventions which are more likely to be successful are presented: 1) the need for adequate evaluation, 2) the increased benefits of early prevention rather than later intervention, 3) intervention in multiple domains of the child’s life, 4) the importance of paying attention to treatment fidelity and professional execution, and 5) The current lack of substantive guidelines for specific interventions types. Within this context we review seven types of interventions to prevent physical aggression including: (1) promotion of physical health of mother and child, (2) increase family income, (3) increase access to existing services, (4) home visiting, (5) childcare, (6) preschool programs and (7) improving parenting. We conclude that promoting the physical health of mother and child should be more actively pursued, though additional experimental evidence is needed to clarify the relationship between health and social behaviour. An increase in family income, however, was not found by itself to help prevent the occurrence of physical aggression. An increase in access to existing services does not seem to reduce physical aggression, possibly because of the variable quality of these services. There is strong evidence that nurse home visitation programs, like the Nurse-Family Partnership, as well as some of the more rigorous preschool programs like the High/Scope Perry Preschool program, can be effective in deterring a child’s trajectory into violence, though more research in both these areas is needed and this research should be done by those who are not connected to these programs or past evaluations. Finally, we find that improving parenting through programmes like the Parent-Child Interaction Therapy programme can reduce the likelihood of violent behaviour, though, again, more experimental evidence is necessary. Overall, we argue that more experimental studies are necessary to better guide policy.

Journal ArticleDOI
TL;DR: In this paper, the authors examined the extent to which the Putnam concept applies to Italy and to three forms of violent death: homicide, suicide, and drug overdose, using official statistics on civicness, unemployment, per capita G.D.P., urbanization, couples' separation and age group concentration from the 95 sub-regions (provinces) of Italy were used as predictors of violent deaths.
Abstract: A number of recent theories suggest that high civicness, civic participation and social capital protect a community from deviant behavior. Most empirical studies of this hypothesis have been conducted in North America. This paper examines to what extent this hypothesis applies to Italy and to three forms of violent death: homicide, suicide, and drug overdose, using the Putnam concept of civicness. Official statistics on civicness, unemployment, per capita G.D.P., urbanization, couples’ separation and age group concentration from the 95 sub-regions (provinces) of Italy were used as predictors of violent death. Among regions, homicide and suicide rates were negatively correlated. Southern provinces had more homicides, while northern provinces had more suicides and deaths from drug overdose. Analyses of interactions among independent variables revealed that certain relationships, which at first sight appeared to concern the whole of Italy, in reality concern only the north or only the south. This suggests the existence of specific effects, whereby some independent variables are only triggered in the particular conditions encountered in the north or in the south of Italy. Civicness was negatively associated with homicide only in the south, where it was also positively associated with suicide. Death by drug overdose was mostly explained by wealth. The overall pattern of results was more complex than present theories suggest.

Journal ArticleDOI
TL;DR: In this paper, a provisional approach to assessment is developed and applied, drawing upon several research traditions (actuarial, opportunity reduction and sectoral vulnerability studies) and deploying briefly in relation to EC directives on business transparency and auditing.
Abstract: Do laws ever deepen the crime risks facing managers and auditors? According to the literature and drawing upon several research traditions—actuarial, opportunity reduction and sectoral vulnerability studies—a provisional approach to assessment is developed and applied. Some headline risk concepts are: incoherence or lack of clarity of legalisation; potential for opening up opportunities for illegal acts by market participants; and the extent to which legislation might or might not signal to exposed persons that opportunities exist. This approach is deployed briefly in relation to EC directives on business transparency and auditing and, in more detail, in relation to the Enron debacle. The latter very clearly shows how changes in regulation in two distinct sectors, the energy market and securities (financial instruments), produced an excrescence of risk. Whilst some risks may come from regulation/de-regulation that is intended to directly apply to specific roles (e.g., auditing), other risks come from regulation/de-regulation in adjacent policy areas. Assessment has both to cast its net wide and to drill down to detail, looking for risks in the nooks and crannies of economic practices. In reaching such assessments, it would be most appropriate to ask traders, compliance persons, enforcement agents and jurists how they would understand the provisions of and risks implied by legislative proposals. Whilst officials can steer that process, it seems questionable whether the actual authors of legislative proposals should be asked to critically assess those same proposals, so “Chinese Walls” may be required within the European Commission. Finally, there are questions of the limits to assessment in cases when details of implementation have yet to supplied by future measures. EC Regulations, which do not rely upon transposition into national laws, may be easer to assess than Directives.

Journal ArticleDOI
TL;DR: In this article, the authors trace developments in Great Britain related to counter-terrorism during the last few years and highlight the challenges to the rule of law raised by it, in particular for the judiciary.
Abstract: This paper traces developments in Great Britain related to counter-terrorism during the last few years and highlights the challenges to the rule of law raised by it, in particular, for the judiciary. It portrays the British constitutional order finding its feet after the fundamental changes made by the 1998 Human Rights Act, describing the tension arising with the judicial role changing whilst facing controversial measures such as 90-days detention, detention orders, shoot-to-kill policy, etc. An analysis of case law, government action and academic debate ends with a call for a new formula to be found by which security interests can be measured against human rights.

Journal ArticleDOI
J Murdoch1
TL;DR: The working methods and effectiveness of the Council of Europe's Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) have been examined in this paper.
Abstract: The article examines the working methods and effectiveness of the Council of Europe’s Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (the CPT) which, since 1990, has been carrying out visits to places of detention. It also examines the impact the Committee has had upon European standards and expectations, and, in particular, upon the jurisprudence of the European Court of Human Rights, and raises certain issues in respect of the establishment of the United Nation’s Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of the Committee against Torture.

Journal ArticleDOI
Marianne Wade1
TL;DR: The debate as to where the balance between liberty and security should be struck seems ever present and more ferocious than ever as mentioned in this paper, with open statements that there can be no balance, that this has been fundamentally flawed so far, or indeed that there is no liberty without security being commonplace.
Abstract: There is little need to explain the source of inspiration for this thematic issue; the debate as to where the balance between liberty and security should be struck seems ever present and more ferocious than ever. Interestingly, it is more difficult to find a debate that does not focus upon the US Patriot Act. Whilst there can be no question that developments in the United States and the American rhetoric bear huge impact for Europe, it was, however, felt that this thematic issue should have a distinctive European flavour and that it should attempt to reflect the debate in Europe. Naturally this aim is greatly restricted by time and space constraints, even in this double-volume issue. Nowhere is the need to shift the balance and to trade liberty for security proclaimed more strongly than in relation to the prevention of terrorist plots. The very parameters of the debate have changed, with open statements that there can be no balance, that this has been fundamentally flawed so far, or indeed that there is no liberty without security, being commonplace. It is as if the dialogue entertained thus far were wrong, or must be regarded as wrong given the threat we now face in Europe from terrorism, in particular Eur J Crim Policy Res (2007) 13:3–12 DOI 10.1007/s10610-007-9036-5

Journal ArticleDOI
TL;DR: The work of Project Marc as discussed by the authors, an EU-funded project to develop mechanisms for assessing the risk of crime, is described in detail in the special edition of this special edition.
Abstract: This paper introduces the work of Project Marc (an EU-funded project to develop mechanisms for assessing the risk of crime) and discusses both difficulties encountered throughout the project and progress made since the project ended. The authors introduce the papers contained within this special edition and summarise their relevance to crime-proofing. The paper discusses progress made within this field in the decade prior to Project Marc and makes recommendations to ensure that the ideas move forward.

Journal ArticleDOI
TL;DR: An initial methodology for proofing EU legislation against economic and organised crime is set, which will be then tested and improved through the case studies envisaged in the MARC project.
Abstract: This article builds on the results of the European Union (EU) Crime Proofing Steering Group and of the Mechanisms for Assessing the Risk of Crime (MARC) project’s opening activities. It aims at setting an initial methodology for proofing EU legislation against economic and organised crime, which will be then tested and improved through the case studies envisaged in the project. A four-step procedure is suggested, and the basic components of the draft Crime Risk Assessment Mechanism (CRAM) are then identified in the Legislative Quality Index (LQI), which measures the quality of the law per se; the Market Vulnerability Index (MVI), which measures the effect of a legislative change on the vulnerability of the market to crimes; and the Organised Crime Threat Index (OCTI), which measures the threat posed by organised crime in the sector regulated by the legislative proposal. How these elements should be evaluated (i.e., which indicators are more appropriate and which weight should they have) and at which level crime risk assessment should be performed (i.e., EU or national level) remain open questions. A final article by the same author at the end of this journal seeks to answer to these queries and sets out the definitive CRAM, which is the result of the development of this initial methodology.

Journal ArticleDOI
TL;DR: The last meeting of the MARC Consortium Board (Paris, 27-28 October 2005) approved a general and flexible legislative crime risk mechanism which could be used for a variety of possible applications as mentioned in this paper.
Abstract: The last meeting of the MARC Consortium Board (Paris, 27–28 October 2005) approved a general and flexible legislative crime risk mechanism which could be used for a variety of possible applications. Since then, further steps have been taken to implement the mechanism, and a pilot study on public procurement sector has been carried out to test its functioning. It highlighted some critical issues and weaknesses of the Legislative Crime Risk formula, the related indicators and the scoring system. Accordingly, the present article introduces some adjustments to the model and tackles those issues not yet addressed. It sets out the Legislative Crime Risk formula and its components, states rules for assessing each component, refines the indicators that operationalize the variables, and provides information about the reliability of a crime risk assessment.

Journal ArticleDOI
TL;DR: In this article, the authors evaluate the claim that there exists a link between media violence and crime and conclude that the link between violence in the media and crime is weak after other environmental factors are taken into account.
Abstract: Over the past 60 years, hundreds of studies have shown that viewing violence in the media can influence aggressive behaviour. However, the vast majority of these studies are laboratory based, and tell us little about how media violence influences real criminal behaviour. This paper reviews research involving crime statistics, offender populations, and longitudinal studies to evaluate the claim that such a link exists. When integrated with other long-term studies on the development of crime, it is concluded that the link between media violence and crime is weak after other environmental factors are taken into account.


Journal ArticleDOI
TL;DR: In this paper, serious crime risks identified, some of which may be re-shaped by regulation, concern risk-pooling for terrorist risks and potential for moral hazard and laxity; insurance broker frauds and prospects for reduction (through transparency and whistle-blowing) or displacement (through regulatory arbitrage); insurance customer claim frauds (which may be orchestrated) and targeting of them by private security services (limited or overzealous?); and redistribution of risks and benefits by an industry lobbying for regulation to restructure data protection rules and civil liability.
Abstract: In an attempt to elucidate questions of seriousness in relation to crime and terrorism, this paper draws on academic and wider literature and on interviews with those in the businesses of insurance or private security. Levels of seriousness may range from petty and irritating, through truly serious, to potentially catastrophic. Critical issues are highlighted within three strategic perspectives: legislation/regulation in support of public security; market regulation (in particular European single market), fair competition and customer safeguards; and the role of the private sector in reforming and restructuring the public sector. Serious crime risks identified, some of which may be re-shaped by regulation, concern risk-pooling for terrorist risks and potential for moral hazard and laxity; insurance broker frauds and prospects for reduction (through transparency and whistle-blowing) or displacement (through regulatory arbitrage); insurance customer claim frauds (which may be orchestrated) and targeting of them by private security services (limited or over-zealous?); and redistribution of risks and benefits by an industry lobbying for regulation to restructure data protection rules and civil liability. Concepts and sources explored might be points of reference for future work, alongside important questions about social distribution of costs and benefits (‘winners’ and ‘losers’) resulting from legislative/regulatory reforms. More generally, the authors underline that crime impact assessment should be made conformant with wider EU Impact Assessments. The method should utilise a consistent analytical approach at each stage of assessment (screening, initial assessment, extended assessment). Those involved in making assessments should include officials with specialist knowledge, market participants, compliance/enforcement persons and an independent element.

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TL;DR: In this article, the authors explored historical predecessors and contemporary contexts of crime prophecy and placed the question of crime risks of proposed European Union regulatory and legislative proposals in the context of 'Impact Assessment' of legislative proposals by the European Commission and also in the wider context of scrutiny by European Parliament and national parliaments of Member States.
Abstract: This paper explores historical predecessors and contemporary contexts of crime prophecy. It places the question of crime risks of proposed European Union regulatory and legislative proposals in the context of ‘Impact Assessment’ of legislative proposals by the European Commission and also in the wider context of scrutiny by the European Parliament and (possibly) by national parliaments of Member States. From this context is deduced a requirement that, in order to be fit for its purpose, assessment methods must be easy to communicate and simple to apply.