Criminalisation

The increasing legislative activity in the field of eu criminal law has highlighted the need for a coherent and consistent approach to criminalisation, which has been acknowledged by the eu institutions themselves. One of the basic questions all legislators need to tackle, however, is what sorts of conduct can be (legitimately) criminalised. The aim of this article is, firstly, to examine the prevailing substantive criminalisation principle(s) in the eu Member States’ criminal law theories; secondly, to sketch an ideal criminalisation process, which although applicable at national level can be useful also at eu level, and thirdly, to inspect the existing criminal law grounds for criminalisation and the criminal policy orientations at eu level in order to find out what the underlying substantive criminalisation principle behind eu criminal law is or ought to be, alongside other principles that may act as ‘limiting factors’ within the criminalisation process.

Background: Sexual health interventions against sexual contraction and transmission of HIV in most developing countries such as Zambia, are often biased towards heterosexual sexual health interventions. This act tends to exclude minority sexual groups such as men who have sex with men whose existence could affect the transmission and spread of the virus. This paper therefore sought to present an analysis of the exclusion of sexual minorities in sexual health education interventions in Zambia. Methods: This paper employed a desk-based-research study and relied mainly on the review of secondary data in form of Ministry of Health (MOH) and National Aids Council (NAC) strategic documents and scholarly journals, articles and research papers relevant to the topic. Results: A knowledge gap on sexual health education exists amongst the sexual minority groups in the few studies assessed. This can be attributed to the fact that the Zambian society is believed to be heterosexual with most interventions adopting a heterosexual stance towards sexual health education. Limited thought to the sexual health concerns of men who have sex with men in Zambia can be attributed to criminal laws against acts of homosexuality, societal disdain for acts of a non-heterosexual nature, and religious teachings against acts of a non-heterosexual nature. Lack of consideration of sexual minorities and their sexual activities may have serious effects on their sexual health knowledge levels and sexual practices.

We are amid a global pandemic; poverty is rising and the powerful are get-ting richer through mechanisms that exploit, oppress, and deprive others. Meanwhile, mainstream criminology remains oblivious to this dreadful sit-uation and sticks to micro-studies on regression analysis, street crime desis-tance and prison control. Before the world collapses, shall we revisit critical criminology (CC) to call attention to structural violences and injustices? How should CC look in the 21st century?


To cite this work/Para citar este trabajo: Vegh Weis, Valeria “Special Issue Critical Criminology for the 21st Century.” Howard Journal of Crime and Justice, Special Issue Critical Criminology Today, vol. 60, no. 3, Sep. 2021, pp. 281-455, https://doi.org/10.1111/hojo.12446

The legal field constitutes both an advantageous and restrictive tool for social struggles. Current movements trust law and litigation as beneficial instruments. Nevertheless, legal strategies are deployed against protestors too. This article stems from processes of criminalization and unsuccessful "struggle for law" towards cases where legal strategies are embraced by social movements to demonstrate the Janus-faced nature of the legal field. The focus is on Italy, and is based on two-year judicial ethnography on the No TAV movement and fieldwork as well as documental analysis on the anti-Trans-Adriatic Pipeline (TAP) mobilization. Hence, the analysis focuses on a "positive" case selection, namely the most relevant climate litigation strategies pursued worldwide, with a special focus on Giudizio Universale, the first Italian action. The goal is to grasp both the conflicting aspects and the resourceful nature of law through empirical cases and case law to evaluate potential successful practices for current social movements. Resumen El campo del derecho constituye una herramienta tanto ventajosa como restrictiva para las luchas sociales. Los movimientos actuales confían en el derecho y el litigio como instrumentos favorables. Sin embargo, las estrategias jurídicas también se despliegan en contra de quienes protestan. Este artículo se origina en procesos de criminalización y "luchas por el derecho" infructuosas en casos en los que movimientos sociales han abrazado estrategias jurídicas para demostrar la naturaleza de Jano bifronte del derecho. El centro de atención es Italia, y nos basamos en la etnografía jurídica de dos años del movimiento en contra del Tren de Alta Velocidad y en trabajo de campo,

""Squatting in Europe aims to move beyond the conventional understandings of squatting, investigating its history in Europe over the past four decades. Historical comparisons and analysis blend together in these inquiries into squatting in the Netherlands, Italy, Spain, France, Germany and England. In it members of SqEK (Squatting Europe Kollective) explore the diverse, radical, and often controversial nature of squatting as a form of militant research and self-managed knowledge production.

Contents:

    Hans Pruijt: Squatting in Europe
    Pierpaolo Mudu: Resisting and challenging Neoliberalism: the development of Italian Social
    Centres
    Gianni Piazza: How activists make decisions within Social Centres? A comparative study in an Italian city
    Miguel A. Martínez: The Squatters’ Movement in Spain: A Local and Global Cycle of Urban Protests
    Claudio Cattaneo: Urban squatting, rural squatting and the ecological-economic perspective
    Andre Holm, Armin Kuhn: Squatting and Urban Renewal: The Interaction of Squatter Movements and Strategies of Urban Restructuring in Berlin
    Linus Owens: Have squat, will travel: How squatter mobility mobilizes squatting
    Florence Boullon: What’s a ‘good’ squatter? Categorization’s processes of squats by government officials in France
    Thomas Aguilera: Configurations of Squats in Paris and the Ile-de-France Region: diversity of goals and resources
    E.T.C. Dee: Moving towards criminalisation and then what? Examining dominant discourses on squatting in England
""

In this text, I briefly analyse the ways in which environmental activism is being criminalised and treated as terrorism. I will illustrate the text with instances of such treatment from Romania, Italy, France, Greece, the UK and the US. Such a long list of examples is needed in order to argue that the criminalisation of environmental activism is far from being an isolated aspect of one government's policy. It is part of a global trend whereby the contemporary capitalist state is repressing any significant interference in its strategic alliance with multinational companies. It is also part of a global trend in which governments articulate certain forms of civil disobedience as security threats for the infrastructure of the state. In this process, the " terrorist " label functions as the most important alarm that justifies a host of heavy repressive measures against environmental activists. The label of " eco-terrorism " plays a crucial role in cracking down on any form of radical dissent towards the activity of big companies.

ABSTRACT
The Jacobean era's infamous witchcraft trials are recalled after reservoir repairs close to Pendle Hill reveal a buried cottage with bricked‐up cat. Interpretations of the building as the site of Malkin Tower, recorded in court records as the venue of a witches coven are critically evaluated in the light of archaeological and historical evidence.

KEYWORDS
WITCH, PENDLE WITCH TRIALS, PENDLE HILL, MALKIN TOWER, FOLK BELIEF, MAGIC, LANCASTER ASSIZES, WISE WOMEN, CUNNING FOLK, ARCHAEOLOGY, HISTORY, SEVENTEENTHCENTURY, ALIZON DEVICE, SALEM WITCHES, THOMAS POTTS, LOWER BLACK MOSS, ELIZABETH SOUTHERNS, DEMDIKE, ELIZABETH DEVICE, JAMES DEVICE, ANNE WHITTLE, CHATTOX, ANNE REDFERNE, JANE BULCOCK, JOHN BULCOCK, ALICE NUTTER, KATHERINE HEWITT, ALICE GRAY, JENNET PRESTON, GUNPOWDER PLOT, CAT

Sinds 2010 is het kraken van een pand een misdrijf. Na deze verandering in de wet is er ook veel veranderd voor de krakers zelf. Voorheen mochten zij gewoon kraken; nadat een pand een jaar leeg had gestaan, werd de voordeur geforceerd en de politie op de hoogte gebracht. Tegenwoordig staan de krakers een stuk slechter in hun recht: Het is officieel illegaal geworden. Dit onderzoek tracht de maatschappelijke positionering van post-legale Amsterdamse krakers in kaart te brengen, om te snappen hoe gemarginaliseerde groepen omgaan met een stad die steeds minder geografische en legale ruimte geeft aan deze groepen.  Mensen die profiteren van gentrificatie produceren een dominante cultuur die krakers benadeelt. Krakers vertrouwen hierdoor niet op de overheid om alsnog rechtvaardigheid te bewerkstelligen. In plaats daarvan zullen zij autonoom ruimtes creëren om hun rechten en cultuur in te beoefenen uit belang van het beschermen van vrijheid en diversiteit.

The criminalisation and punishment power of the state is the result of the state sovereignty. The monopoly of punishment power and coercion has existed from the establishment of the state and still continues even today. However, the use of punishment power has been affected by the change in perception of sovereignty. Today, state sovereignty is not fully unlimited.  Therefore, there is no unlimited power to punish as well.
The limits to state power in criminalisation and punishment (ius puniendi) are natural outcomes of the limited government idea. The concept of absolute sovereignty that has been dominant by the constitutionalism arised at the Age of Enlightenment, has not allowed the idea of the limited punishment. Constitutions providing separation of powers, rule of law, and protection of human rights have led to the limitation of state authority, especially in ius puniendi. On the other hand, increasing international relations, international laws obligating states, state associations, and international civic organizations redefine the perception of “sovereignty” and set boundaries to state sovereignty. These limitations in sovereignty exhibit themselves at use of power in criminalisation and punishment.
The limits of ius puniendi were initially based on domestic law. The rule of law limits the state authority, and constitutional principles frame the power of legislation for proscribing and punishment. The judicial review brings an auto control mechanism on legislation’s power to practice the constitutional principles. The legality principle commonly accepted in modern world also brings technical limits to the legislative power, and social and political attributions are other factors that affect the power to punish.
States are becoming parts of an increasingly expanding international network at recent times. These partnerships inhibit them from exercising the arbitrary use of punishing power. Today, the protection of human rights is not only a case at national level but also a concern of international community. Through international conventions, nation states are obligated to a duty to criminalize some kind of offences and prohibit some kind of penalties. International and supranational organizations such as European Union control their members’ use of the punishment power and get them required to adjust to the standards of such organization’s criminal law. International courts’ decisions are also guidances for the nation states on policy making. The nation states have to work together on preventation of transnational crimes occurred with globalization. Therefore, nation states are not the unique policy makers on their own.
In conclusion, the state’s power to punish is very limited by the obligations resulting from domestic and international law. The area of state’s power of punishment is being narrowed and the use of punishing power has also become monotypic in the world.
Keywords: ius puniendi, criminalization, power to punish, limits of power to punish, limits of criminalization, criminalization policy.

“Criminalisation of Adivasis and the Indian Legal System” written by Shomona Khanna, et. al., embarks on the daunting task of systematically examining the process of criminalisation of Adivasis in India, providing a 360-degree view. A first of its kind, this study provides a firm foundation to kickstart future engagement and inquiry.
Criminalisation continues to haunt Adivasis to this day. It began with the forest laws enacted by British colonial regime that constructed a discourse that forest is a space inhabited by unruly savages who are, by nature, dangerous criminals. Thus, forests and Adivasis were both to be tamed and rescued by the colonial government from each other. Colonial domination was established through the Indian Forest Act, 1927, itself based on a 19th century Forest Act of 1865. This mainframe colonial legislation continues to be the parent statute that governs the forests and its resources even today.
Divided into 11 chapters, the book builds on a narrative that traces the construction of the Adivasis from original settlers to “illegal encroachers”. They stand accused and are victimised. Whether as complainants or as accused persons, they are forced to engage with a legal system that persistently treats them with disdain and prejudice.
Different chapters show the different manners in which criminality exists as a norm in law and how it operates on the ground. The structure of legislations and rules, along with the attitudes of the police, the forest bureaucracy, the administration and the courts — all depict an underlying idea of development by discrimination, and the engagement of criminality and violence within these dynamics. This criminalization process spills over beyond the forest laws into other general laws in their application to Adivasis.

The pirate is generally considered to be the archetype of resistance to State authority. Alas, this romanticized vision of piracy cast a long shadow on our understanding of its pivotal role in the formation of modern States. In this article, the author argues that piracy contributed to the material construction and “criminal organisation” of European colonial States. First, between 1500 and 1713, European sovereigns employed pirates to wage war against each other and plunder the New World at the expense of their political rivals. Then with the establishment of a European balance of power at sea, the repression of piracy progressively became a means for European States to claim the monopoly of violence and commerce over their respective colonies. By 1713 piracy had become the residual legal category allowing European States to repress foreign activities, which were detrimental to their commercial enterprise. While the rise of piracy in early colonial times marked the extension of sovereign power, the fall of piracy later coincided with the concentration of maritime violence in the hands of the State. The article offers a history of the dialectic nature of piracy, which alternatively facilitated and complicated the grip of colonial powers over the high seas.

In November 2005, French banlieues were set ablaze on the global screens; spectacular images of unleashed youth confronting police forces and turning deprived housing-estates into a national blaze were released, feeding the (inter)national insecurity and providing fertile ground for public condemnation. Ten years later, the situation remains unchanged: deprived youth’s mischiefs continue to hit the headlines and to animate national debates while residents’ living conditions in deprived areas are deteriorating. Drawing on ethnographic fieldwork with youth from sensitive neighborhoods, this research aims to go beyond the mainstream portrayal of deprived youth as dangerous others, and argues that the obsessive focus on youth deviance reflects a clear rupture in France between the urban working class and mainstream society. The shift towards neoliberalism in France has resulted in growing disparities within the dual city and has dramatically affected the working class’ daily reality. Whilst successive governments have gradually restricted the state’s social interventions in the most disadvantaged urban areas, France has simultaneously adopted a punitive turn in the management of socio-economic deprivation. Deprived youth, since the 1980’s, have been increasingly marginalized and excluded on the social, economic, political and cultural level: disadvantaged in their access to education and to employment, stigmatized in the media and criminalized in the legislation, deprived youth have become synonymous of a wasted generation. In this state of anomie, they have developed adaptive reactions to renegotiate their socio-economic status and their identity.

Many common law jurisdictions criminalise penetrative and non-penetrative deceptive sexual relations. Often, they prohibit that conduct under their principal sexual offences, namely rape, sexual/indecent assault etc. This article challenges that practice via two linked processes: criminalisation and fair labelling, respectively. First, it argues that, whilst deceptive sexual relations (with one exception) are equally harmful to a victim's right to sexual autonomy as the relations proscribed by the principal sexual offences, they represent a different wrong. Secondly, it contends that this view entails the creation of separate sexual offences targeting penetrative and non-penetrative deceptive sexual relations. This would better signal to the criminal law's audiences the distinct wrongdoing inherent in these relations. Such labelling becomes critical at the point of conviction given its effects on defendants and other parties.

https://rsa.tandfonline.com/doi/full/10.1080/13604813.2019.1615760#.XOZYCKZ7kWo

In the Netherlands squatting was tolerated and regulated for decades. In October 2010 a new law turned the occupation of vacant properties into a criminal action punishable with up to two years imprisonment. This paper argues that while squatted spaces produce autonomous forms of urban commoning, both tolerance and criminalisation of squatting engendered multiple modes of enclosure and capture of the autonomous socio-spatial relations constituted through these spaces. By analysing techniques of disciplinary integration, commodification and criminalisation, the paper suggests that the object of enclosure is not simply the common as such, but its radical capacity for autonomy from state control and capital capture.

This ReSOMA brief explores some options for strategic litigation and advocacy to stop and prevent the criminalisation of migration and wider policing of humanitarianism. It is answering the following questions:

• How can criminalised individuals, civil society organisations frame their claims? What judicial, administrative and democratic accountability venues are available to them at the EU level?

• Which are other international and regional venues that have been or could be used to highlight the shared responsibility of the EU and its Member States for the crackdown on NGOs?

• Are there effective remedies available for judicial harassment, when a criminal prosecution amounts to persecution of civil society?

• What can be done to challenge early signs of policing (suspicion, intimidation and harassment, disciplining on other unrelated administrative offences) before they escalate into a criminal prosecution?

The paper investigates enforcement of criminal sanctions in anti-bid rigging policy in Russia. Although cartels were criminalized in 1997, parties of numerous anticompetitive agreements on tenders are punished by corporate or individual fines, or disqualified. Statistics on sentences for bid rigging are highly controversial although legislative conditions for efficient criminalization are presented not only by criminal norms but also by leniency programmes in administrative and criminal proceedings which were designed to contribute to anticartel enforcement.

The aim of this research is to determine factors that have caused the very rare use of criminal sanctions for cartel enforcement with the focus on bid rigging. For the purpose of the research, the paper outlines the regulation of tendering in Russia and the system of sanctions for bid rigging, including leniency. Case analysis of the first custodial sentence for anticompetitive agreement on a public tender highlights specific features resulting in successful prosecution. Since this is one of the first attempts to assess criminalization of bid rigging in Russia, original empirical data including interviews with officials from federal competition authorities and regional representatives constitute the basis of the study.

Findings of the research determine the influence of social norms on the enforcement as the main challenge for criminalization of bid rigging which is weighed down by the insufficient political influence of competition authorities. The paper’s findings may be of interest for assessing enforcement in other jurisdictions experiencing the same difficulties.

“Squatting” has long been a criminal offence in Scotland, with the relevant legislation dating back to Trespass (Scotland) Act 1865. This chapter considers the historical origins of the criminalisation of squatting in Scotland, connecting the concerns about mobile and marginalised populations which led to the enactment of the 1865 Act to the politics of squatting and homelessness today. Through investigation of archive sources, the chapter maps the extent and circumstances of the Act’s past use by police and raises concerns about the impact of criminal penalties on today’s marginalised populations.

This article appears to be the first academic attempt to discuss the crime of Jacobitism as a focal point amongst the various trends in British punishment during the long eighteenth century. Throughout, relevant chosen examples highlight the numerous links and prominence of Jacobitism in both the socio-political and legal spheres of this epoch and how its persistent existence encompassed a pivotal junction of a growing division between public opinion and state policy regarding suitable methods of criminal punishment. The paper also surveys some pertinent connections and divisions within the Scottish and English judicial systems from 1688 to c.1815. It shows how they coincided with the repeated challenges that were instigated by the Jacobite movement as Enlightenment ideas permeated across Europe, influencing eighteenth-century policymakers and jurists. Consequently, the paper argues that the enduring survival of Jacobitism conceivably prolonged the practice of some punishments instead of its gradual suppression falling more generally amid those employed across this ‘extended’ century.

Analyse réflexive sur le film ethnographique "On a gagné", réalisé par Myriam Tardif et Nadim Émond (présenté entre autres lors du FIFEQ 2013 et du festival Hors Cadre 2013). Plongez dans l'expérience des personnes aux prises avec des conditions de libération avec la grève étudiante de 2012.

Over the last twenty years, the management of a series of complex questions raised by the growing presence of foreign immigrants in Italy has been carried out via the “invention” of specific social problems and their accompanying discourse categories. From its first appearance the term “clandestino” (or irregular immigrant) has assumed a dual significance as a concept widely adopted in public discourse and as the pillar of an ideology that comprises a very specific set of political positions regarding the management of immigration. Moreover, to the extent that the clandestino was interpreted as a threat or problem to be eliminated or solved, it very rapidly became a discursive and practical focal point for the institutions that play a crucial role in immigration management and control. Drawing on my research from late 1990s on immigration policies and control in Italy, I show how and to what extent some institutional everyday activities of the police have been reshaped by discourses and practice that focus on dealing with irregular immigrants. This reorganization contributed to generating a complex web of knowledge, discourses and practices that produced the essential vocabulary and the hegemonic frameworks for public debates about immigration in Italy. It also makes the need and urgency to cope with irregular immigration both a political centre of gravity and a basic strategy to reproduce social order.

Aims: Drug use is an indictable offence in Hungary,
but there is an opportunity to suspend the criminal
proceedings if a small quantity of drugs is involved.
However, the principle of ‘treatment instead of
punishment’ (TIP) is heavily disputed in the pro-
20 fessional literature. This study addresses the impact
of the legal implementation of TIP on the practices
of an institution that treats drug patients.
Methods: Data were analysed on the basis of
addiction severity index (ASI) interviews conducted
25 with individuals (n¼628) who applied for treatment
at a Budapest drug outpatient clinic between 2001
and 2005. The ASIs of individuals who chose TIP
were compared with those of other drug patients
using cluster analysis and a two-sample statistical
30 t-test.
Findings: After 2003, when the criminal law
changed, the share of participants in TIP increased
from 24% to 72.6%. Approximately, half the sample
required treatment but did not have any problems.
35 From 2003, the share of patients ‘without problems’
who chose TIP was high (60%).
Conclusions: A modification of the TIP framework
is justified for Hungary’s criminal administration
policy, which should consider the severity of the
40 condition of the person utilizing the service in
connection with drug use.

The City of Melbourne decided not to adopt the proposed amendments to its Local Laws debated earlier in 2017, adopting instead a protocol in conjunction with Victoria Police, to address encampments of rough sleepers and those who ‘aggressively’ beg from members of the public. The protocol prohibits the gathering of groups of people sleeping rough in close proximity, specifies a ‘reasonable’ amount of possessions (namely, ‘two bags which can be carried, and ‘bedding like a sleeping bag, blanket or pillow’), and stipulates that ensuring unimpeded movement within and enjoyment of public space by members of the public to be the primary aim of the protocol. Debates, and decisions made within this municipality during 2017 seem to have been animated by claims that visible homelessness has adverse consequences for members of the public, and that these are likely to involve impediments to use of public space and the risk of to the welfare of the public. Our research study, conducted over several months in the City of Melbourne CBD and in the City of Yarra in partnership with Justice Connect and the City of Yarra,  tested some of these claims.

Open access (freely accessible/downloadable) till 29 May 2019 (with thanks to Elsevier) through this link: https://authors.elsevier.com/a/1YsX~6FI3qzdBq

The article examines the existing and potential role of emotions in the criminal law-making and criminal policy. It aims to inspect which emotions, if any, are more acceptable for influencing criminal policy and to what extent emotions could legitimately intervene in criminalisation processes. It first analyses the ways in which emotion has already penetrated into the criminal law, criminal justice and criminalisation. Next, it inspects the various characteristics of emotions, specifically those that are central in distinguishing between good and bad candidates for influencing criminal law policy, demonstrating that certain negative, highly intense, irrational and unstable or short-lived emotions can make bad law, as do atypical cases. The article then sketches a theoretical framework, composed of the requirements that should be fulfilled before any emotion could justifiably influence criminal law-making and of the further limits to such an enterprise. It concludes with recommendations and some thoughts on further research.

"The criminalisation and punishment power of the state is the result of the state sovereignty. The monopoly of punishment power and coercion has existed from the establishment of the state and still continues even today. However, the use of punishment power has been affected by the change in perception of sovereignty. Today, state sovereignty is not fully unlimited. Therefore, there is no unlimited power to punish as well. The limits to state power in criminalisation and punishment (ius puniendi) are natural outcomes of the limited government idea. The concept of absolute sovereignty that has been dominant by the constitutionalism arised at the Age of Enlightenment, has not allowed the idea of the limited punishment. Constitutions providing separation of powers, rule of law, and protection of human rights have led to the limitation of state authority, especially in ius puniendi. On the other hand, increasing international relations, international laws obligating states, state associations, and international civic organizations redefine the perception of “sovereignty” and set boundaries to state sovereignty. These limitations in sovereignty exhibit themselves at use of power in criminalisation and punishment. The limits of ius puniendi were initially based on domestic law. The rule of law limits the state authority, and constitutional principles frame the power of legislation for proscribing and punishment. The judicial review brings an auto control mechanism on legislation’s power to practice the constitutional principles. The legality principle commonly accepted in modern world also brings technical limits to the legislative power, and social and political attributions are other factors that affect the power to punish. States are becoming parts of an increasingly expanding international network at recent times. These partnerships inhibit them from exercising the arbitrary use of punishing power. Today, the protection of human rights is not only a case at national level but also a concern of international community. Through international conventions, nation states are obligated to a duty to criminalize some kind of offences and prohibit some kind of penalties. International and supranational organizations such as European Union control their members’ use of the punishment power and get them required to adjust to the standards of such organization’s criminal law. International courts’ decisions are also guidances for the nation states on policy making. The nation states have to work together on preventation of transnational crimes occurred with globalization. Therefore, nation states are not the unique policy makers on their own. In conclusion, the state’s power to punish is very limited by the obligations resulting from domestic and international law. The area of state’s power of punishment is being narrowed and the use of punishing power has also become monotypic in the world. Keywords: ius puniendi, criminalization, power to punish, limits of power to punish, limits of criminalization, criminalization policy. "

This book has examined the English law governing participation in crimes and has built a case for abolishing derivative complicity liability. It has been argued that participation (assistance or encouragement) is less harmful and less dangerous than perpetration because it is contingent on the perpetrator to make an independent and autonomous choice to commit the target crime; and therefore, participation should not be labelled and punished the same as perpetration. It has been submitted that derivative complicity liability should be abolished in its entirety and be replaced with a new scheme of individual liability that allows for fair labelling and proportionate punishment.

The doctrine of collateral joint enterprise is an unreasonable extension of derivative complicity liability, which makes a person fully liable as a perpetrator for a collateral crime committed by the perpetrator during the course of their enterprise to do an underlying crime as long as he or she has foreseen the collateral crime as a possible incident of their joint enterprise. It has been argued that the double constructive nature of this doctrine makes it extremely unfair and unjust, and therefore it should be replaced with a new lesser offence of risking another’s collateral crime which will label and punish the defendant for his or her personal culpable risk-taking.

The “control cases”, which make a person who has a civil right to control fully liable as a perpetrator for the crime of others if he or she does not exercise such control to prevent another from committing the crime, has added further support to the case for abolishing derivative complicity. It has been submitted that control cases should be dealt with under a new minor offence of failing to prevent crimes, if any criminalisation is needed at all.

The criminalisation of 'revenge porn' offending responds to the non-consensual distribution of intimate images. By smart device or computer, the ability to distribute images assumed to be private across public networks including social media has emerged as a serious twenty-first-century concern. Individual victims present as particularly vulnerable against the ability to disseminate images quickly. It can be a particularly heinous and harmful act, and removal of the offending images may not be guaranteed. Victims have previously been limited to older criminal offences of general application, in addition to civil law remedies ordering the removal of such images. Complexity and expense has often resulted in inaction. This article assesses the Australian context of 'revenge porn' criminalisation, arguing for a range of graduated and complementary responses from self-help to public education to the availability of a range of civil legal remedies and criminalisation.

The ability to distribute private intimate images across public networks including social media through smart devices or computers has merged as a serious 21st century concern. Initially, legal systems and operators within criminal justice systems were slow to respond to the reported harms associated with the non-consensual distribution of intimate images (colloquially referred to as revenge porn). However, increasing recognition of the serious harm and victimisation that may result from this behaviour has led many jurisdictions across the world to create new criminal offences. This article reviews the appropriateness of offences that have been created or proposed with a particular reference to developments in Australia. It takes the most recent proposed offence inWestern Australia as an opportunity to review the significant differences in how offences have been defined. In suggesting how new offences might be defined, this article relies on the ‘ladder principle’ and recommends that there should be a ladder or hierarchy of new offences to respond appropriately to both the seriousness of harm and culpability of the perpetrator.

L’analyse des pratiques prostitutionnelles en termes d’économie intime au Maroc permet, d’une part de mettre en lien des pratiques sexuelles généralement séparées (actes prostitutionnels et actes sexuels intimes non prostitutionnels) et ainsi, d’autre part, d’observer comment ces pratiques sont abordées par la police dans un pays où la sexualité en dehors du mariage demeure illégale. C’est donc une observation de l’évolution de la criminalisation des mœurs et du travail des brigades de police que cet article cherche à illustrer et analyser à travers des données ethnographiques et une revue de la presse locale (Tanger) jouant un rôle important dans l’évolution du rapport de la police aux « crimes moraux ».
L’analyse des politiques de régulation en matière de mœurs et du travail policier montre comment la prohibition légale des relations sexuelles hors-mariage, largement devenue lettre morte en raison de la prise en compte en pratique par l’autorité publique de l’évolution des mœurs, tend à n’être concrètement mis en œuvre qu’à l’encontre de filles aux profils variés mais toutes en situation précaire – à l’exception des cas instrumentalisés à des fins politiques – que la police fait entrer, sans s’embarrasser du préjudice porté à celles qui ne pratiquent pas « le sortir », dans la catégorie homogène de « prostituées ». Cette modalité de l’action policière vient renforcer une distinction de fait entre bonnes et mauvaises féminités qui ne correspond plus aux oppositions morales locales entre vierges et non-vierges, ou entre filles de maison et filles de rues, mais entre pratiques légitimes et illégitimes de l’intimité hors-mariage et du divertissement nocturne. La légitimité et l’illégitimité de ces pratiques étant largement corrélées au statut social des filles concernées et à leurs positions au sein de l’espace social de l’économie intime à un moment donné de leur trajectoire, le traitement différencié des illégalismes sexuels s’apparente donc au maintien d’un ordre social sous couvert de préservation de l’ordre moral.

The analysis of sex-work practices in terms of intimate economy in Morocco allows, on the one hand, to link generally separated sexual practices (acts of prostitution and intimate sexual acts not prostitution) and, on the other hand, to observe how these practices are addressed by the police in a country where sexuality outside marriage remains illegal. Therefore, this article seeks to illustrate and analyse an observation of the evolution of the criminalization of morals and the work of the police squads through ethnographic data and a review of the local press (Tangier) playing an important role in the evolution of the police relation to “moral crimes”. The legal prohibition of sexual relations outside marriage has largely become a dead letter due to the fact that the public authorities take into account in their everyday work the evolution of mores. However, the analysis of policies regulating morals and police work shows how the criminalisation tends to be implemented only against girls of varying profiles but all in a precarious situation – apart from the cases that are exploited for political purposes – which the police bring in, without embarrassing themselves of the harm done to those who do not practice “the going out”, in the homogeneous category of “prostitutes”. This modality of police action reinforces a de facto distinction between good and bad femininities that no longer correspond to the local moral opposition between virgins and non-virgins, or between “house girls” and “street girls”. The opposition is thus between legitimate and illegitimate practices of out of wedlock intimacy and night-time entertainment. Since the legitimacy and illegitimacy of these practices are largely correlated with the social status of the girls concerned and their positions within the social space of the intimate economy that they occupy at some point in their trajectory, the differentiated treatment of sexual illegality apparent therefore to the maintenance of a social order under the guise of preserving the moral order.

Undersökningens syfte är att undersöka och jämföra hur staten har betraktat den manliga homosexualiteten i relation till den rådande maskulina hegemonin under tidsperioden 1933-1944. Det kommer ske genom att framhäva de homosexuella männens karaktärstecken, d.v.s. utmärkande egenskaper, kännetecken och beteenden, d.v.s. vad som karaktäriserade männen i källmaterialet. I undersökningen synliggörs dokumentförfattarnas normer och värderingar i de skrivna orden. Åldern på den homosexuelle mannen, d.v.s. de unga homosexuella männen, ses som en fördjupande aspekt till undersökningen av synen på homosexuella män. I undersökningen kallas källmaterialet för dokument för att synliggöra normer och värderingar från hela tidsperioden, utan syftet att jämföra dokumenten med varandra.

In this article I share and discuss a poetic work of experimental sociological crime fiction titled "You Will Have Your Day in Court" (in Crockett Thomas, 2020c). In it I reimagine the "true crime" story of "King Con" Paul Bint, who for a period in 2009 successfully impersonated Keir Starmer, the then Director of Public Prosecutions. I first introduce my collaborative approach to writing sociological crime fiction, connections to poststructuralist philosophy and conceptualisation of research as a process of translation. After sharing the piece, I discuss thematic aspects of the work, such as the popular fascination of fraud, desire for explanations for criminal acts, and the narrative constraints placed on people who have experienced criminalisation. I also consider stylistic elements including use of narrative voice, characterisation, and narrative structure. I hope that this article is of interest to scholars aiming to marry poststructuralist thought with an experimental approach to writing sociological fiction.

Crockett Thomas P (2020) Writing Sociological Crime Fiction: You Will Have Your Day in Court. Art/Research International 6(1), 218-250.

The purpose of this chapter is to give a comprehensive overview of international obligations concerning the criminal repression of CBRN-related violations which do not amount to international crimes. Indeed, while a number of CBRN-related violations may meet treaty and customary definitions of international crimes, international law requires States to criminalise and prosecute a broader range of CBRN events in their domestic legal systems. The first section provides some introductory remarks, proposing a taxonomy of applicable obligations and linking them to the different phases of the CBRN emergency management cycle. The second and third sections deal respectively with the two main obligations in this field, namely the obligation to criminalise and the obligation to prosecute. The analysis proves that obligations to criminalise aim at reinforcing the prevention of and preparedness against CBRN events, whereas obligations to prosecute govern the response to and recovery from CBRN-related violations. The fourth section turns to national implementation and sheds light on the consequences of the failure to criminalise and prosecute in terms of State responsibility, and specifically human rights responsibility for violations of the right to life.