Peace and Justice: A Limited Reconciliation

This paper aims to relax the tension between the political requirements of making peace and the moral demands of doing justice, in light of the ‘peace processes’ in South Africa and Northern Ireland. It begins by arguing that criminal justice should be reconceived as consisting primarily in the vindication of victims, both direct and indirect. This is not to deny the retributive punishment of perpetrators any role at all, only to insist that it be largely subservient to the goal of vindication. Why should we take such an account of justice to be true? The paper offers two reasons. First, Christians – and even secularist liberals – have a prima facie reason in the consonance of this account with the Bible's eudaimonistic conception of justice as ordered to the restoration of healthy community. Second, since all concepts of criminal justice share the basic notion of putting right what is wrong, it would be odd if the repair of damage done to victims (i.e., their ‘vindication’) were not prominent among its concerns; and there are reasons to suppose that this vindication should actually predominate in relation to the other principles of justice (the retributive ‘balancing’ of crime and punishment, and the reform of the criminal for his own sake). In its final sections, the paper applies the proposed conception of criminal justice to the ‘peace processes’ in South Africa and Northern Ireland, and concludes that in both cases, notwithstanding concessions to the politics of peace-making, considerable justice has been done.     

Distance patterns and disposal sites in rural area homicides committed in Finland

The present study examined offender characteristics, distance patterns, and the nature of disposal sites in rural area homicides. Pre‐trial investigation files of cases where victims' bodies were found in rural areas in 1994–2005 (n = 46) and forensic psychiatric examination reports of the offenders were content‐analysed. Psychopathy Check List‐Revised was used to assess psychopathy. Investigators of these homicides filled out a questionnaire on the offender's familiarity with the body disposal area, and MapInfo was used to measure offender/victim‐residence‐to‐crime‐to‐body‐disposal‐site distances. Rural area homicides more frequently involved multiple offenders who were significantly younger than offenders in other homicides. Of the victims, 73% were found in woods and 27% in water. Offenders were familiar with disposal sites in over half of the cases. The victim's gender, close relationship with the offender, and the offender's violent crime history were associated with longer homicide‐scene‐to‐body‐disposal‐site distances. The number of inhabitants and offender's violent crime history were related to longer offender‐residence‐to‐body‐disposal‐site distances. Offender's age, intelligence, or psychopathology bore no significant association with the distance patterns. The results can be applied when searching missing persons in homicide investigations and in prioritising suspects in rural area homicides. Copyright © 2008 John Wiley & Sons, Ltd.     

‘Ndrangheta in Lombardy: Culture and Organizational Structure

This work aims at thoroughly studying a phenomenon that today is still not really discussed (i.e., the criminal organization called ‘Ndrangheta). We will particularly deal with the culture and organizational structure of this Mafia phenomenon and analyze its new territories of infiltration and domination (the region of Lombardy, in Northern Italy) after its migration from its original territory (the region of Calabria in Southern Italy). From the review of the existing literature on ‘Ndrangheta, we can actually point out that the contributions on the theme deal with the Mafia phenomenon, circumscribing it in its original territory, therefore mostly adopting a sociological and historical viewpoint. Up to today, nobody addressed ‘Ndrangheta outside these territorial boundaries and adopting a psychological viewpoint, which is the one this contribution starts from. In more specific terms, a text is analyzed, which is composed by the reports of the pre-trial detention order called Crimine-Infinito [Endless Crime], promoted by investigators in 2010 and so far one of the most relevant actions to fight against ‘Ndrangheta.     

违法犯罪者人格多种方法研究

本研究运用问卷法“YG人格测验”、作业法“内田－克雷佩林心理测验”和投射法“色塔人格测验”对126名违法犯罪者进行了测试。结果表明,作业法和投射法人格测验二者相互补充和印证,揭示了违法犯罪者人格的某些特点,问卷法人格测验的结果与前者不一致,应该运用多种方法对违法犯罪者的人格进行研究。     

Capital sentencing and neuropsychiatry

The neuropsychiatric contribution to capital sentencing proceedings has grown substantially in recent decades as the consideration of neurological and psychiatric factors in criminal behavior has been increasingly accepted as relevant to the quest for justice. This review article will focus on the legal theories underlying neuropsychiatric input into capital sentencing decisions, as well as some of the investigative techniques and resulting data which may be offered by forensic neuropsychiatrists in this context. The death penalty is unique in its severity and irreversibility, as the courts, including the U.S. Supreme Court, have noted repeatedly. “Death is different,” and the recognition of this has generated a set of court decisions and statutes pertinent specifically to capital proceedings, both procedural and substantive.     

为病患代购管制药品的情与法冲突及化解路径

为病患代购管制药品的案件在刑法上往往面临情与法的冲突。司法机关不愿意、却不得不定罪,只能在量刑时突破法律框架,尽量从轻。在刑法的实质解释下,为病患代购管制药品不成立贩卖毒品罪、非法经营罪或妨害药品管理罪,应处无罪。在刑事个案中,“情理”虽不能直接介入,但对刑法体系的适用具有批判功能。当“法理”分析的结论与公众的法直觉相违背时,应当检讨“法理”之适用过程是否出错,使刑事个案体现刑法正义,实现情与法的统一。

     

Men of Honor Don't Talk: The Relationship Between Masculine Honor and Social Activism Against Criminal Organizations in Italy

Criminal organizations have a strong influence on social, political, and economic life in Italy and other parts of the world. Nonetheless, local populations display collective passivity against organized crime, a phenomenon known as omertà. Omertà is linked to the concepts of honor and masculinity. That is, in order to fit ideological constructions of manliness, individuals should display indifference toward illegal activities and should not collaborate with legal institutions. In two studies, we investigated the link between endorsement of a masculine honor ideology and collective action intentions against criminal organizations (antimafia). Study 1 (N = 121) involved a Northern Italian sample, and Study 2 (N = 301) involved a Southern Italian sample. Across studies, results showed that endorsement of masculine honor ideology was associated with lower willingness to engage in social activism against criminal organizations. This relationship was mediated by attitudes toward criminal organizations (Study 1 and 2) and, in line with the notion of omertà, by lower levels of collective motive and more anxiety about interacting with police (Study 2). Directions for future research are discussed.     

The Freud–Ferenczi controversy in light of Emma Eckstein's circumcisio

Abstract

Emma Eckstein's circumcision trauma has been powerfully suppressed, denied, and dissociated from the history of the origins of psychoanalysis. Even though Freud did not categorize it as a trauma, he was deeply impacted by it in the period when he provided psychoanalysis with his foundation. Despite Freud's intellectual erasure of the trauma that Emma experienced, her “cut” never ceased to unconsciously break through Freud's fantasies and discourse, haunting the psychoanalytic building as a veritable ghost. Sándor Ferenczi became the recipient of what Freud could not consider in his own mind, and his revision of the “Bausteine” (building blocks) of psychoanalysis featured an attempt to heal the split embedded in the foundation of psychoanalysis.     

The illocutionary force of laws

This article provides a speech act analysis of ‘crime-enacting’ provisions in criminal statutes, focusing on the illocutionary force of these provisions. These provisions commonly set out not only particular crimes and their characteristics but also their associated penalties. Enactment of a statute brings into force new social facts, typically norms, through the official utterance of linguistic material. These norms are supposed to guide behaviour: they tell us what we must, may, or must not do. Our main claim is that the illocutionary force of such provisions is primarily ‘world-creating’, i.e. effective, or declarational, rather than directive (behaviour-guiding). We assume that directive illocutionary force is either direct or indirect, showing that provisions need not contain the linguistic items that make for direct directives and that according to standard tests no indirect directive is present. A potential counter-argument is that any utterance serving to direct behaviour is necessarily a directive. We show that this behaviour-directing property is shared by some clear non-directives.     

La prevención de la delincuencia: la importancia del diseño ambiental

Resumen

Se analiza la importancia de la prevención mecánica ambiental de la delincuencia, para lo cual se ofrece una visión teórica previa tanto de las explicaciones del hecho delictivo como de sus posibles soluciones. A continuación, se plantea la prevención mediante el Diseño Ambiental, destacándose como puntos principales la visión Sociobiológica, los aspectos espaciales de la conducta desviada, la noción de «espacio defendible», la geografía del delito, los mapas cognitivos y la conducta criminal, el diseño ambiental de las cárceles, y un posible modelo integrativo.