Pub Date : 2022-06-29DOI: 10.1163/15718174-30020002
A. Klip
{"title":"A Next Level Model for the European Arrest Warrant","authors":"A. Klip","doi":"10.1163/15718174-30020002","DOIUrl":"https://doi.org/10.1163/15718174-30020002","url":null,"abstract":"","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46678647","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}
Pub Date : 2022-05-13DOI: 10.15845/bjclcj.v10i1.3689
Heli Korkka-Knuts
An extensive body of behavioural evidence suggests that our actions are not primarily steered by threats of sanction but, instead, by morals, habits, and social norms. This proposition applies equally in corporate environments. Yet, corporate criminal law has traditionally relied on fear of sanctions and deterrence as the prevailing theoretical guidance. This article argues that this line of thinking leads to misinformed regulatory results because of a misguided behavioural assumption of an amoral calculative individual. To bridge the gap between the accumulated behavioural data and doctrinal corporate criminal law, this article suggests a novel behaviourally informed corporate crime prevention theory. Instead of solely concentrating on deterrence and threats of sanction, modern corporate criminal policy should favour regulatory designs that incentivise ethics-based corporate compliance structures that make use of morals as efficient behavioural constraints. Based on the findings of this article, this is best attained by adopting a guilt-based corporate criminal liability model recognising a corporation as a moral actor capable of ethical considerations.
{"title":"Behaviourally informed approach to corporate criminal law: Ethicality as efficiency","authors":"Heli Korkka-Knuts","doi":"10.15845/bjclcj.v10i1.3689","DOIUrl":"https://doi.org/10.15845/bjclcj.v10i1.3689","url":null,"abstract":"An extensive body of behavioural evidence suggests that our actions are not primarily steered by threats of sanction but, instead, by morals, habits, and social norms. This proposition applies equally in corporate environments. Yet, corporate criminal law has traditionally relied on fear of sanctions and deterrence as the prevailing theoretical guidance. This article argues that this line of thinking leads to misinformed regulatory results because of a misguided behavioural assumption of an amoral calculative individual. To bridge the gap between the accumulated behavioural data and doctrinal corporate criminal law, this article suggests a novel behaviourally informed corporate crime prevention theory. Instead of solely concentrating on deterrence and threats of sanction, modern corporate criminal policy should favour regulatory designs that incentivise ethics-based corporate compliance structures that make use of morals as efficient behavioural constraints. Based on the findings of this article, this is best attained by adopting a guilt-based corporate criminal liability model recognising a corporation as a moral actor capable of ethical considerations.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91228751","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}
Pub Date : 2022-05-12DOI: 10.15845/bjclcj.v10i1.3686
Emmanouil Billis
The article deals with the basic criteria involved in the selection of situations to be investigated and cases to be prosecuted before the International Criminal Court. These are examined in light of the goals of international criminal justice and the structural and evidentiary difficulties encountered by judicial mechanisms of international mission and composition. The analysis focuses on the limits of prosecutorial discretion at the level of international criminal justice. The Mavi Marmaraship incident is used hereto as a key point of reference.
{"title":"The limits of discretion in the investigation and prosecution of war crimes at the international level: The Mavi Marmara saga","authors":"Emmanouil Billis","doi":"10.15845/bjclcj.v10i1.3686","DOIUrl":"https://doi.org/10.15845/bjclcj.v10i1.3686","url":null,"abstract":"The article deals with the basic criteria involved in the selection of situations to be investigated and cases to be prosecuted before the International Criminal Court. These are examined in light of the goals of international criminal justice and the structural and evidentiary difficulties encountered by judicial mechanisms of international mission and composition. The analysis focuses on the limits of prosecutorial discretion at the level of international criminal justice. The Mavi Marmaraship incident is used hereto as a key point of reference.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79875340","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}
Pub Date : 2022-05-12DOI: 10.15845/bjclcj.v10i1.3687
Jørn Jacobsen, Victoria Westrum
Our previous article ‘Status report: A Norwegian decriminalisation of use and possession of drugs?’ in Volume 9 no. 1 of Bergen Journal of Criminal Law and Criminal Justice described the situation of the drug reform as of June 2021. At that time, of our last report, it was hard to predict the future development within this area. The Parliament’s deliberations did not result in any on decriminalistion of use and possession of drugs, nor on any threshold values for differentiating the sentencing. Two of the three political parties that rejected the proposed reform, the Labour Party and the Centre Party, are now in power.1 A more restricted reform has been suggested, but not (yet, at least) proposed for the Parliament. A much-debated issue is to what extent section 98 of the Norwegian Constitution, stating that ‘[a]ll people are equal under the law’ and ‘[n]o human being must be subject to unfair or disproportionate differential treatment’, allows for decriminalisation only for specific groups, that is; for drug addicts.
{"title":"New steps towards a Norwegian drug reform? Three recent Supreme Court cases concerning sentencing for drug crimes","authors":"Jørn Jacobsen, Victoria Westrum","doi":"10.15845/bjclcj.v10i1.3687","DOIUrl":"https://doi.org/10.15845/bjclcj.v10i1.3687","url":null,"abstract":"Our previous article ‘Status report: A Norwegian decriminalisation of use and possession of drugs?’ in Volume 9 no. 1 of Bergen Journal of Criminal Law and Criminal Justice described the situation of the drug reform as of June 2021. At that time, of our last report, it was hard to predict the future development within this area. The Parliament’s deliberations did not result in any on decriminalistion of use and possession of drugs, nor on any threshold values for differentiating the sentencing. Two of the three political parties that rejected the proposed reform, the Labour Party and the Centre Party, are now in power.1 A more restricted reform has been suggested, but not (yet, at least) proposed for the Parliament. A much-debated issue is to what extent section 98 of the Norwegian Constitution, stating that ‘[a]ll people are equal under the law’ and ‘[n]o human being must be subject to unfair or disproportionate differential treatment’, allows for decriminalisation only for specific groups, that is; for drug addicts.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84073540","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}
Pub Date : 2022-04-27DOI: 10.1163/15718174-bja10028
Lorenzo Grossio
This article discusses whether a recognition mechanism based on a relationship of trust sustains surrender under the EU-UK tca. Having framed the main features of the new judicial cooperation arrangements, the article firstly shows that the EU-UK Arrest Warrant entails a brand-new form of recognition of custodial decisions, labelled as recognition à la carte. Secondly, the article underlines that this form of recognition is grounded on a specific relationship of trust, different from the one governing the afsj, framed as mutual core trust. Finally, the paper discusses the enhanced role of the ECtHR in reviewing the application of the EU-UK Arrest Warrant, thus illustrating why ecj case-law concerning the eaw system could play a major role in shaping the Strasbourg Court’s reasoning.
{"title":"Still Trust? Some Reflections Over the New EU-UK Arrest Warrant","authors":"Lorenzo Grossio","doi":"10.1163/15718174-bja10028","DOIUrl":"https://doi.org/10.1163/15718174-bja10028","url":null,"abstract":"\u0000This article discusses whether a recognition mechanism based on a relationship of trust sustains surrender under the EU-UK tca. Having framed the main features of the new judicial cooperation arrangements, the article firstly shows that the EU-UK Arrest Warrant entails a brand-new form of recognition of custodial decisions, labelled as recognition à la carte. Secondly, the article underlines that this form of recognition is grounded on a specific relationship of trust, different from the one governing the afsj, framed as mutual core trust. Finally, the paper discusses the enhanced role of the ECtHR in reviewing the application of the EU-UK Arrest Warrant, thus illustrating why ecj case-law concerning the eaw system could play a major role in shaping the Strasbourg Court’s reasoning.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47520906","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}
Pub Date : 2022-04-27DOI: 10.1163/15718174-30010000
{"title":"Front matter","authors":"","doi":"10.1163/15718174-30010000","DOIUrl":"https://doi.org/10.1163/15718174-30010000","url":null,"abstract":"","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46634300","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}
Pub Date : 2022-04-27DOI: 10.1163/15718174-bja10029
E. V. van Ginneken
Despite international guidelines, it is common practice in many European countries for prisoners to share a cell. In many cases this may be a measure to cope with overcrowding, but in the Netherlands it is a policy measure to reduce costs and flexibly adjust capacity. While the harms of overcrowding are widely recognised, less is known about the effects of cell sharing in non-overcrowded conditions. This study considers the association between cell sharing, wellbeing, misconduct, and prison climate, using data from a national survey study among Dutch prisoners (N = 3408). Findings show that cell sharing is associated with poorer ratings of wellbeing and prison climate, especially for people who prefer a single cell. Prisoners in double cells who do not get along with their cellmate report more misconduct. These findings reinforce recommendations to house people in single cells, unless they prefer otherwise.
{"title":"Is Cell Sharing Associated with Wellbeing, Misconduct and Prison Climate? Evidence from a Dutch Study","authors":"E. V. van Ginneken","doi":"10.1163/15718174-bja10029","DOIUrl":"https://doi.org/10.1163/15718174-bja10029","url":null,"abstract":"\u0000Despite international guidelines, it is common practice in many European countries for prisoners to share a cell. In many cases this may be a measure to cope with overcrowding, but in the Netherlands it is a policy measure to reduce costs and flexibly adjust capacity. While the harms of overcrowding are widely recognised, less is known about the effects of cell sharing in non-overcrowded conditions. This study considers the association between cell sharing, wellbeing, misconduct, and prison climate, using data from a national survey study among Dutch prisoners (N = 3408). Findings show that cell sharing is associated with poorer ratings of wellbeing and prison climate, especially for people who prefer a single cell. Prisoners in double cells who do not get along with their cellmate report more misconduct. These findings reinforce recommendations to house people in single cells, unless they prefer otherwise.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48159002","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}
Pub Date : 2022-04-27DOI: 10.1163/15718174-30010001
N. Peršak
Societies, at least their humanity and respect for human rights, can be measured by how they treat the most vulnerable segments of the population, in particular in times of crisis. While the pandemic has heightened various vulnerabilities and generally exposed our everyday inequalities, the situation has been particularly dire for certain groups whose manoeuvring space for mitigating adversities has considerably shrunk. Some of the groups often mentioned in this context have been domestic violence victims, the homeless, children and the elderly (especially but not exclusively those in retirement homes), front-line workers as well as prisoners or, more generally, detainees. Pandemic, from Late Latin pandemus and Greek pandemos, etymologically suggests that it is something that affects all people, the ‘all’ (pan-) of dēmos; yet, on closer inspection, it became evident it did not affect all equally. It was over a year ago when these issues came to the fore, however, a year later, the general pandemic situation in Europe is not as drastically different as one had hoped. Back in late spring 2020, many believed that we would most likely have to learn to live with the infection until the vaccine became available, hoping that with the advent of the vaccine (or vaccines), the path to recovery and return to ‘normal’ would be speedier. In the meantime, the vaccine has indeed been made available (albeit not equally across the world)1 Editorial
{"title":"Carceral Responses to the Pandemic in Europe: Casting a Light on Prison Harms, Inequalities and Pre-Trial Detention","authors":"N. Peršak","doi":"10.1163/15718174-30010001","DOIUrl":"https://doi.org/10.1163/15718174-30010001","url":null,"abstract":"Societies, at least their humanity and respect for human rights, can be measured by how they treat the most vulnerable segments of the population, in particular in times of crisis. While the pandemic has heightened various vulnerabilities and generally exposed our everyday inequalities, the situation has been particularly dire for certain groups whose manoeuvring space for mitigating adversities has considerably shrunk. Some of the groups often mentioned in this context have been domestic violence victims, the homeless, children and the elderly (especially but not exclusively those in retirement homes), front-line workers as well as prisoners or, more generally, detainees. Pandemic, from Late Latin pandemus and Greek pandemos, etymologically suggests that it is something that affects all people, the ‘all’ (pan-) of dēmos; yet, on closer inspection, it became evident it did not affect all equally. It was over a year ago when these issues came to the fore, however, a year later, the general pandemic situation in Europe is not as drastically different as one had hoped. Back in late spring 2020, many believed that we would most likely have to learn to live with the infection until the vaccine became available, hoping that with the advent of the vaccine (or vaccines), the path to recovery and return to ‘normal’ would be speedier. In the meantime, the vaccine has indeed been made available (albeit not equally across the world)1 Editorial","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47109937","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}
Pub Date : 2022-04-27DOI: 10.1163/15718174-bja10030
Kamil Mamak, Joanna Dudek, Maciej Koniewski, Dani Kwiatkowski
Countries that have judicial discretion in their legal system usually struggle with sentencing disparities. This is no different in Poland. The current study examined whether extralegal factors such as age, sex, education, marital status, number of children, and having a job impact sentencing disparities. We examined court files from 13 district courts in Poland for two offenses: drug possession and drunk driving. Our findings show that sex, age, and number of children have no or little effect on outcomes, whilst marital status and employment status have small to medium effects on sentencing. The clearest result pattern to emerge from our analyses is that defendants with tertiary education are treated more leniently than those with primary or lower secondary education.
{"title":"Sex, Age, Education, Marital Status, Number of Children, and Employment – the Impact of Extralegal Factors on Sentencing Disparities","authors":"Kamil Mamak, Joanna Dudek, Maciej Koniewski, Dani Kwiatkowski","doi":"10.1163/15718174-bja10030","DOIUrl":"https://doi.org/10.1163/15718174-bja10030","url":null,"abstract":"\u0000Countries that have judicial discretion in their legal system usually struggle with sentencing disparities. This is no different in Poland. The current study examined whether extralegal factors such as age, sex, education, marital status, number of children, and having a job impact sentencing disparities. We examined court files from 13 district courts in Poland for two offenses: drug possession and drunk driving. Our findings show that sex, age, and number of children have no or little effect on outcomes, whilst marital status and employment status have small to medium effects on sentencing. The clearest result pattern to emerge from our analyses is that defendants with tertiary education are treated more leniently than those with primary or lower secondary education.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48957344","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}
Pub Date : 2022-01-14DOI: 10.15845/bjclcj.v9i2.3527
M. Sjöstrand
This text discusses the more recent changes in Swedish criminal law with a focus on the more serious crime and some of the measures lately taken to counter that kind of criminality. A brief walk through the earlier reasoning on punishment and consequences is followed by a glimpse of the reasoning by the Swedish legislator on the rationale of increasing the penalty levels and remodeling the crimes themselves. In the conclusion we find some answers to whether we are dealing with symbolic measures without support in research or an adaptation to society changes and public view on increasing crime.
{"title":"Serious violence – a challenge and reason for reforms?","authors":"M. Sjöstrand","doi":"10.15845/bjclcj.v9i2.3527","DOIUrl":"https://doi.org/10.15845/bjclcj.v9i2.3527","url":null,"abstract":"This text discusses the more recent changes in Swedish criminal law with a focus on the more serious crime and some of the measures lately taken to counter that kind of criminality. A brief walk through the earlier reasoning on punishment and consequences is followed by a glimpse of the reasoning by the Swedish legislator on the rationale of increasing the penalty levels and remodeling the crimes themselves. In the conclusion we find some answers to whether we are dealing with symbolic measures without support in research or an adaptation to society changes and public view on increasing crime.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88326104","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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