{"title":"Retributivism, State Misconduct, and the Criminal Process","authors":"A. Zimran, Netanel Dagan","doi":"10.1080/0731129X.2023.2184964","DOIUrl":"https://doi.org/10.1080/0731129X.2023.2184964","url":null,"abstract":"State agents’ misconduct (SAM), such as the violations carried out by the police or prosecution, may harm an offender’s rights during the criminal process in various ways. What, if anything, can retributivism, as an offense-focused theory that looks to the past, offer in response to SAM? The goal of this essay is to advance a retribution-based framework for responding to SAM within the criminal process. Two retribution-based arguments are provided. First, a retribution-based response to SAM aims to protect the legitimacy of the criminal process. Such an argument is based on how the crime and punishment connect to the moral standing of the state and that connection’s meaning for the legitimacy of the trial (legitimacy-based argument). Second, a retribution-based response to SAM aims to consider the offender’s side of the penal dialogue and promote a more accurate calibration of the penal suffering (compensation-based argument). Based on these arguments, the essay theorizes the legal response for SAM in US and non-US traditions through the retributive lens. The essay concludes with a call for expanding the multiple roles for retributive logic to include the actions of law-enforcement actors and addresses what that expansion means for the justice of the criminal process.","PeriodicalId":35931,"journal":{"name":"Criminal Justice Ethics","volume":"42 1","pages":"20 - 37"},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41899782","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Vigilantism and Trust in the System","authors":"Travis Dumsday","doi":"10.1080/0731129X.2023.2170866","DOIUrl":"https://doi.org/10.1080/0731129X.2023.2170866","url":null,"abstract":".","PeriodicalId":35931,"journal":{"name":"Criminal Justice Ethics","volume":"42 1","pages":"76 - 85"},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46049666","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Applying the Imminence Requirement to Police","authors":"B. Jones","doi":"10.1080/0731129X.2023.2187188","DOIUrl":"https://doi.org/10.1080/0731129X.2023.2187188","url":null,"abstract":"In many jurisdictions in the United States and elsewhere, the law governing deadly force by police and civilians contains a notable asymmetry. Often civilians but not police are bound by the imminence requirement—that is, a necessary condition for justifying deadly force is reasonable belief that oneself or another innocent person faces imminent threat of grave harm. In US law enforcement, however, there has been some shift toward the imminence requirement, most evident in the use-of-force policy adopted by the Department of Justice in 2022. This article defends that shift and argues that the ethical case for the imminence requirement in policing is stronger than Shannon Brandt Ford suggests in a recent article. Though the imminence requirement’s impacts on policing and public safety require ongoing study, the principle of equality before the law and the Doctrine of Doing and Allowing both provide moral grounds for this requirement, especially given the lack of evidence that the status quo helps protect life.","PeriodicalId":35931,"journal":{"name":"Criminal Justice Ethics","volume":"42 1","pages":"52 - 63"},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45623771","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Drug Wars, Drug Violence, and Drug Addiction in the Americas","authors":"D. Courtwright","doi":"10.1080/0731129X.2023.2170659","DOIUrl":"https://doi.org/10.1080/0731129X.2023.2170659","url":null,"abstract":"Russell Crandall. Drugs and Thugs: The History and Future of America’s War on Drugs. New Haven: Yale University Press, 2020, 520 pp., $44 (paperback), ISBN: 978-0-300-24034-4. Benjamin T. Smith. The Dope: The Real History of the Mexican Drug Trade. New York: W.W. Norton, 2021, 480 pp., $30 (hardcover), ISBN: 978-1-32400655-8. Sam Quinones. The Least of Us: True Tales of America and Hope in the Time of Fentanyl and Meth. New York: Bloomsbury Publishing, 2021, 432 pp., $28 (hardcover), ISBN: 978-1-63557-435-7.","PeriodicalId":35931,"journal":{"name":"Criminal Justice Ethics","volume":"42 1","pages":"64 - 75"},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47621051","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"What is Fundamental in Criminal Law?","authors":"Garrath Williams","doi":"10.1080/0731129X.2022.2144059","DOIUrl":"https://doi.org/10.1080/0731129X.2022.2144059","url":null,"abstract":"This lengthy, masterful monograph follows Simester’s previous joint book with Andreas von Hirsch. Crimes, Harms, and Wrongs focussed on the activities states should criminalize. Resisting “unified, grand theory,” it argued that criminal activities must combine two features: First, they must be wrongful. Second, they must be related to harm—activities need not be directly harmful, but their prohibition must prevent significant harm. Like the previous book, Fundamentals of Criminal Law holds that law is a “multi-function tool” (3). Criminal law prevents wrongs and harms; it communicates the gravity of these wrongs; it interrogates and tries suspects; it labels the guilty and imposes penalties on them. As the previous book stressed, criminal law has a distinctively moral aspect. “Whether in preventive or punitive mode, the criminal law speaks with a moral voice” (4). Those convicted are subject to “official moral condemnation” (7). But this point is logically secondary. Above all, criminal law issues moral prohibitions (72). In other words, Simester’s general approach has three features. It is instrumentalist—criminal law should be understood in terms of the functions it serves. It is pluralistic—there is no overarching function or unified theory. Not least, it claims to be deontological—the prohibition, condemnation and punishment of serious wrongs represent important functions in their own right (9). Given the previous work, Fundamentals of Criminal Law assumes that states should criminalize some activities, and instead focusses on the conditions which someone must meet, to merit the condemnation and sanctions associated with criminal conviction. The book thus concerns what legal theorists call “the general part” of criminal law—its “broad structure of responsibility, culpability, and wrongdoing” (11). This structure is","PeriodicalId":35931,"journal":{"name":"Criminal Justice Ethics","volume":"41 1","pages":"278 - 290"},"PeriodicalIF":0.0,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45703015","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Vanishing Promise of Police Reform","authors":"C. Morrison","doi":"10.1080/0731129X.2022.2144058","DOIUrl":"https://doi.org/10.1080/0731129X.2022.2144058","url":null,"abstract":"s/commission-investigateallegations-police-corruption-and-anti. Oppel Jr, Richard A., Derek Bryan Taylor, and Nicholas Bogel-Burroughs. “What to Know About Breonna Taylor’s Death.” New York Times, August 23, 2022. https://www.nytimes.com/article/breonnataylor-police.html?name = styln-breonna-","PeriodicalId":35931,"journal":{"name":"Criminal Justice Ethics","volume":"41 1","pages":"257 - 267"},"PeriodicalIF":0.0,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48415567","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"“Stand Your Ground”: A Clarification","authors":"P. Toner","doi":"10.1080/0731129X.2022.2143647","DOIUrl":"https://doi.org/10.1080/0731129X.2022.2143647","url":null,"abstract":"“Stand Your Ground” (SYG) laws are subject to controversy within both the philosophical literature and the legal literature; and of course they are hotly debated outside of academia as well. In this paper I show that a great part of these discussions is predicated on often very serious errors about what SYG is or isn’t, and I explain them in the context of self-defense law. Though my main purpose is clarification and the correction of some errors in the literature, I close with some brief thoughts about the moral status of SYG and a proposal regarding SYG laws.","PeriodicalId":35931,"journal":{"name":"Criminal Justice Ethics","volume":"41 1","pages":"215 - 237"},"PeriodicalIF":0.0,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44957820","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Helene O. I. Gundhus, Olav Niri Talberg, C. T. Wathne
{"title":"False Reporting in the Norwegian Police: Analyzing Counter-productive Elements in Performance Management Systems","authors":"Helene O. I. Gundhus, Olav Niri Talberg, C. T. Wathne","doi":"10.1080/0731129X.2022.2146321","DOIUrl":"https://doi.org/10.1080/0731129X.2022.2146321","url":null,"abstract":"Despite the growing body of work exploring the weaknesses of police performance systems and the displacement of their goals, less attention has been given to why police officers resist and circumvent by false reporting. Whether police report honestly on their activities is a matter of considerable significance given the role that police have in a broadly democratic society, and the overall question is whether the false reporting undermines the integrity of the police or if it is a collective coping strategy that safeguards the police ethos? This survey reveals that 25% of respondents (n = 2248) had manipulated the numbers at least once in the previous year. To identify why they did so, the variables selected for analysis are those determining their view of the Management by Objective (MBO) system, how far they have participated in the MBO process and how often they are unable to assist a member of the public. Our results show that men are more likely to manipulate the numbers than women and non-leaders are more likely to do so than leaders. Respondents were more likely to submit false reports if they had not participated in the MBO process, were not motivated by MBO goals, believed the MBO indicators misdirected their focus and frequently felt that they were forced to reject members of the public they would like to help. Our findings further show that public servants can be corrupted, though they do not “bring” vices to work with them, but rather acquire vices through what is required of them.","PeriodicalId":35931,"journal":{"name":"Criminal Justice Ethics","volume":"41 1","pages":"191 - 214"},"PeriodicalIF":0.0,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42690330","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Can a Machine Sentence Justly?","authors":"Aziz Z Huq","doi":"10.1080/0731129X.2022.2136867","DOIUrl":"https://doi.org/10.1080/0731129X.2022.2136867","url":null,"abstract":"Jesper Ryberg and Julian Roberts teach ethics and criminology at Roskilde University and the University of Oxford respectively. In Sentencing and Artificial Intelligence, they have curated a powerful and compelling collection of essays on the application of a new technology to an old problem. Their edited volume focuses on the application of predictive computational tools, often called “artificial intelligence” (AI) or “machine learning,” to the task of determining the punishment that a convicted offender will receive. As their professional orientations might lead one to expect, their book focuses on normative rather than empirical or technical questions. The resulting essays, written by scholars from the United States, Canada, the United Kingdom, and the European Union (but not the Global South), do not advance a single thesis or follow a singular argumentative thread. They instead engage with in interrelated suite of normative questions. These include due process (or the procedural obligations owed by the state to individuals); non-discrimination entitlements; and the defendant’s claims to an “accurate” judgment (so far as facts go) or the opportunity to call for “mercy” in the exercise of sentencing-related discretion. All of these issues, as I shall discuss below, are addressed at what we might call a “mid-level” of generality—i.e. by taking as the object of study institutions and practices at a certain level of abstraction. This decision results in discussion generic enough to be located in any one of a number Western European or North American jurisdictions, whether guided by civil or common law. Indeed, it is quite striking that the reader does not encounter much by way of a case study or a specific description of AI-driven sentencing for the first sixty pages of the book. When specific tools are discussed, moreover, details are also scant. For Aziz Z. Huq is Professor at the University of Chicago Law School, Chicago, IL, USA. Email: huq@uchicago.edu Criminal Justice Ethics, 2022 Vol. 41, No. 3, 268–277, https://doi.org/10.1080/0731129X.2022.2136867","PeriodicalId":35931,"journal":{"name":"Criminal Justice Ethics","volume":"41 1","pages":"268 - 277"},"PeriodicalIF":0.0,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44988750","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Quasi-Universal Forensic DNA Databases","authors":"Seumas Miller, Marcus Smith","doi":"10.1080/0731129X.2022.2141021","DOIUrl":"https://doi.org/10.1080/0731129X.2022.2141021","url":null,"abstract":"This article considers individual rights and fundamental tenets of the criminal justice system in the context of DNA evidence, in particular recent advancements in genomics that have significantly advanced law enforcement investigative capabilities in this area. It discusses a technique known as Investigative Genetic Genealogy (IGG) which utilizes genomic data held by commercial direct-to-consumer ancestry and health companies to investigate the identity of suspects linked to serious crimes. Using this technique, even if only a small proportion of the population (e.g. 5%) has submitted genomic data to these companies, almost anyone in the population can be identified. We discuss this phenomenon in the context of the existing literature and arguments in relation to universal forensic DNA databases, as well as relevant recent developments in both liberal democracies and authoritarian states. We introduce the concept of a quasi-universal forensic DNA database and consider associated implications for the criminal justice system and society from the perspectives of privacy, the right not to self-incriminate, joint rights, and collective responsibility.","PeriodicalId":35931,"journal":{"name":"Criminal Justice Ethics","volume":"41 1","pages":"238 - 256"},"PeriodicalIF":0.0,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49647770","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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