Crime

Historical crimes, historical sentences?

Rolf Harris has been sentenced to five years and nine months in prison for sexual offences he committed at various points in the 60s, 70s and 80s.  There has been public outrage at the supposed leniency of his sentence, which will now be reviewed by the Attorney General to determine whether it will be sent to the Court of Appeal. Continue reading

Taking Rape Allegations Seriously: How Should We Treat the Accused?

Last week, the Crown Prosecution Service announced that it would not pursue further action against Oxford Union president Ben Sullivan, due to insufficient evidence arising from an investigation into the two accusations of rape and attempted rape made against him. In early May, Sullivan was arrested and released on bail, prompting a chaotic six-week period for the Union as the Thames Valley Police investigated the claims made against him. After Sullivan refused to resign, a number of high-profile speakers, including the UK director of Human Rights Watch, the Interpol secretary-general, and a Nobel Peace prize winner, pulled out of their speaking commitments as part of a larger boycott of Union events.

In an open letter (which has since been taken down) calling for the boycott, students Sarah Pine, who is Oxford University Student Union’s Vice President for Women, and Helena Dollimor wrote, “Remaining in his presidency continues to offer prestige and power to someone who is being investigated for rape. This undermines the severe nature of allegations of sexual offences.” In contrast, Oxford professor A.C. Grayling penned a response to the letter refusing to cancel his scheduled talk at the Union, noting, “I simply cannot, in all conscience, allow myself to act only on the basis of allegations and suspicions, or of conviction by the kangaroo court of opinion, or trial by press…” In this post, I look at the spectrum of responses in the wake of Sullivan’s arrest, of which these two examples represent the poles. More broadly, I consider how we ought to respond – both as individuals and a society – when those in positions of power are accused of rape or other sexual offences. Continue reading

Does it matter that there’s cocaine in our water supply?

Scientists from the Drinking Water Inspectorate have recently discovered benzoylecgonine in water samples at four test sites, a finding that is thought to be a result of high levels of domestic cocaine consumption. Benzoylecgonine is the metabolised form of cocaine that appears once it has passed through the body, and is the same compound that is tested for in urine-based drug tests for cocaine. It is also an ingredient in a popular muscle-rub, however, so the origins of the compound in our water are somewhat uncertain. Steve Rolles from the drug policy think tank Transform has suggested that the findings are an indication of the scale of the use of cocaine in Britain todayAccording to a 2010 UN report, the United Kingdom is the single largest cocaine market within Europe, followed by Spain.  In contrast to the shrinking cocaine market in North America, the number of cocaine users in European countries has doubled over the last decade, from 2 million in 1998 to 4.1 million in 2007/8. Although the annual cocaine prevalence rate in Europe (1.2%) is lower than North America (2.1%), the UK prevalence rate (3.7% in Scotland and 3.0% in England and Wales) is actually higher than the US (2.6% in 2008). According to the charity DrugScope, cocaine is the second most used illegal substance in the UK after cannabis: there are around 180,000 dependent users of crack cocaine in England, and nearly 700,000 people aged 16-59 are estimated to take cocaine every year. Further, according to the government statistics, in the years 2012-13, cocaine was the only drug to show an increase in use among adults between 16-59. All this does appear to suggest a possible link between the benzoylecgonine found in the water supply and high levels of cocaine use in the UK.

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Revenge – an unjust necessity?

Recently, I have come to seemingly hap hazardously stumble over a series of texts and events that all circulate around what I always considered base and somewhat repulsive desires to hurt fellow human beings on what is considered good grounds. Some months ago, I wrote a post here about so-called shaming sites that expose in particular sex criminals, where law-abiding citizens are given the opportunity to add to the suffering of sex offenders by spreading information about them, and making sure that whatever the legal punishment has been, they shall not get away that easily with the appalling crimes they have committed. Since then, New York Times has published an article about the merit of spite, and an opinion piece by Norwegian crime novel author Jo Nesbo entitled ‘Revenge, My Lovely’ on the value of revenge. Here in Oxford, Martha Nussbaum has given the first of a series of lectures on ‘Anger and Forgiveness’ where she addresses the same desire to hurt wrongdoers. Interest for this phenomenon is à la mode, and I will suggest that this might be because it reveals a tension in our society that is very difficult to deal with. Continue reading

Lethal Injection: Time for the Chop

On 29th April 2014, Clayton Lockett, 38, was executed by lethal injection in Oklahoma for the heinous crimes he committed fourteen years earlier.

 That evening, he was escorted to the execution chamber and placed on the table.  An intravenous line was inserted in his groin.

 At 6.23pm, he was given midazolam, a sedative intended to render him unconscious.  He should normally have lost consciousness within a minute or two.  Seven minutes later, a doctor declared that Mr Lockett was still conscious.  After a further three minutes, the doctor checked again and declared him unconscious.  It is unclear what criteria he used to come to this conclusion, but the events that followed indicate that Mr Lockett was still partially conscious.  Vecuronium was then administered to paralyse his muscles, followed by potassium chloride to stop his heart. Continue reading

More cyborg justice: André interviews Rebecca Roache about the future of punishment

by Rebecca Roache

Follow Rebecca on Twitter here

 

My original blog post about the future of punishment can be found here. I clarified my view and provided links to media and blog coverage of these ideas here.

Many bloggers responded to the interview that Anders Sandberg, Hannah Maslen, and I gave in Aeon last month. Among those bloggers was André at Rogue Priest, who wrote a  ‘particularly sarcastic, critical review’ (his words, not mine) of my ideas. In response to my comment on his post, André asked if I would answer some questions about my views on punishment. I agreed, and he sent me a wonderful list of thought-provoking questions. He has since published the interview in a new blog post. I’m posting it here, too.

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The future of punishment: a clarification

By Rebecca Roache

Follow Rebecca on Twitter here

I’m working on a paper entitled ‘Cyborg justice: punishment in the age of transformative technology’ with my colleagues Anders Sandberg and Hannah Maslen. In it, we consider how punishment practices might change as technology advances, and what ethical issues might arise. The paper grew out of a blog post I wrote last year at Practical Ethics, a version of which was published as an article in Slate. A few months ago, Ross Andersen from the brilliant online magazine Aeon interviewed Anders, Hannah, and me, and the interview was published earlier this month. Versions of the story quickly appeared in various sources, beginning with a predictably inept effort in the Daily Mail, and followed by articles in The TelegraphHuffington PostGawkerBoing Boing, and elsewhere. The interview also sparked debate in the blogosphere, including posts by Daily NousPolaris KoiThe Good Men ProjectFilip SpagnoliBrian LeiterRogue PriestLuke Davies, and Ari Kohen, and comments and questions on Twitter and on my website. I’ve also received, by email, many comments, questions, and requests for further interviews and media appearances. These arrived at a time when I was travelling and lacked regular email access, and I’m yet to get around to replying to most of them. Apologies if you’re one of the people waiting for a reply.
I’m very happy to have started a debate on this topic, although less happy to have received a lot of negative attention based on a misunderstanding of my views on punishment and my reasons for being interested in this topic. I respond to the most common questions and concerns below. Feel free to leave a comment if there’s something important that I haven’t covered. Continue reading

Can solitary confinement be justified?

This month an article published in the American Journal of Public Health (AJPH) outlined the results of a study on self-harm amongst jail inmates in New York City. Data on all jail admissions between January 2010 and October 2012 was analysed and the authors noted the following: “We found that acts of self-harm were strongly associated with assignment of inmates to solitary confinement. Inmates punished by solitary confinement were approximately 6.9 times as likely to commit acts of self-harm after we controlled for length of jail stay, SMI [serious mental illness], age, and race/ethnicity.”

This research provides an interesting springboard for a discussion. Can solitary confinement ever be justified, and if so, in what circumstances? Continue reading

Reconsidering the Ethics of Enhanced Punishment

Last summer, on this blog, Rebecca Roache suggested several ways in which technology could enhance retributive punishment—that is, could make punishment more severe—without “resorting to inhumane methods or substantially overhauling the current UK legal system.” Her approbation of this type of technological development has recently been reported in the Daily Mail, and reaffirmed in an interview for Aeon Magazine.

Roache’s original post was, at least, a response to the sentencing of the mother and stepfather of Daniel Pelka, who was four when he died as a result of a mixture of violence and neglect perpetrated by his parents. They each received the maximum sentence possible in the UK, a minimum of thirty years in prison before the possibility of parole is discussed (and even then they might not get it). This sentence, Roache wrote, was “laughably inadequate.” Continue reading

Prisoner disenfranchisement: the supposed justifications

Speaking in December last year, David Cameron reinforced the current government position that prisoners serving a custodial sentence in the UK should not be given the right to vote, stating that “if parliament decides that prisoners should not get the vote then I think they damn well shouldn’t.” The European Court of Human Rights (ECtHR) has ruled that the UK’s blanket ban on prisoner voting is unlawful, contravening the European Convention on Human Rights (ECHR). Cameron’s comments followed a warning from Thorbjørn Jagland, secretary-general of the Council of Europe, that if the UK, a founding signatory of the ECHR refused to enforce the judgment, it would weaken and deprive it of any meaning. Continue reading

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