Crime

Disability and Minimally Decent Samaritanism

This week, The Court of Appeal in the UK ruled that bus companies are not legally required to force parents with buggies to make way for wheelchair users in designated bays on vehicles. 

This ruling overturned a 2013 County Court judgement in favour of a Mr. Doug Paulley. Mr Paulley was awarded £5’500 damages after he was prevented from boarding a bus because a woman with a buggie had refused to move from the bay designated for wheelchairs and buggies on the bus, claiming that doing so would wake her sleeping baby. Since the bus company had a policy of requesting but not requiring that people vacate the disabled bay, the bus company was originally found to have been in breach of the Equality Act 2010. The BBC report suggests that Paulley’s lawyers are already planning to appeal to the Supreme Court in response to the overturning of this ruling. Continue reading

Harsher sentences for murder of a police officer: what are the arguments?

The recent media coverage of the Parole Board’s decision to release Harry Roberts after serving his (minimum) murder sentence has reignited debate over how those convicted of killing a police officer should be punished. The fact that the people Roberts murdered were police officers seems to be of great significance in the outcry about his release: not only did he murder, he murdered police officers.

The current law in England and Wales states that the murder of a police (or prison) officer in the course of duty is a factor indicating a murder of ‘particularly high seriousness’, which must attract a minimum sentence of 30 years. Other factors indicating particularly high seriousness include: Continue reading

Trust and Institutions

Last week I attended part of a fascinating conference on Trust, organized by the Blavatnik School of Government in Oxford. In her opening paper, Katherine Hawley raised many interesting questions, including those of whether trustworthiness is a virtue and whether it can be a virtue of institutions. Continue reading

Should we do more to help paedophiles?

By Rebecca Roache

Follow Rebecca on Twitter here

Luke Malone has published an extremely moving, disturbing, and distressing article in Medium, entitled ‘You’re 16. You’re a pedophile. You don’t want to hurt anyone. What do you do now?’ (warning: Malone’s article contains a graphic description of child abuse). The article focuses on ‘Adam’, a young man who, aged 16, was horrified to discover that he was sexually attracted to children. Disturbed by his sexual desires, and desperate to avoid acting on them, he suffered depression and initially used child pornography as an outlet for his feelings. (He subsequently stopped doing this.) Adam describes how he eventually went to see a therapist, who was unsympathetic, inexperienced in this area, and ultimately of little help. It turns out that, despite the fact that paedophilia is recognised as a mental disorder, there are major obstacles to helping people who, like Adam, are desperate to avoid harming children. Malone summarises some of the main problems: Continue reading

Being ethically responsible to see ethical complexities: What Israel can teach us about ethics

As I write this, at least 1,474 people have died in the recent outburst of violence in Gaza. A vast majority (1,410) of those are Palestinians. Throughout the last weeks, those of us who are open-minded enough to consume different types of news will have read very, very different assessments of what is happening. Some express the in other contexts quite popular opinion that we don’t measure ethics by counting dead bodies. A group of medical doctors published an open letter in The Lancet denouncing the aggression in Gaza by Israel. Washington Post published an opinion piece with the title “Moral Clarity in Gaza” which proclaimed that the situation is very clear: it is Hamas’ fault, and Israel is only exercising its rights. The New York Times made an attempt at being impartial by letting three experts on each side publish their views of what goes on. A group of prominent International Law experts wrote a joint declaration calling the international community to, among other things, use its power to stop the violence, and encouraged the UN Security Council to exercise its responsibilities and refer the situation in Palestine to the Prosecutor of the International Criminal Court. And so on. The disagreements run abysmally deep. Imprudent as it might feel to open ones mouth about a topic as infested as this, as someone working on ethics, I feel compelled to think about what ethics can do in this situation.
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The Indignity of Imprisonment

            Do we need to radically rethink the practice of imprisonment of criminals – not in the direction of novel forms of punishment, but rather in the form of vastly reducing punitive imprisonment altogether?  While prisons are integral to modern criminal justice system, a report from the British Academy earlier this month puts serious pressure on the institution.  Their overall argument is that we should move away from current levels of incarceration and focus on alternative responses to criminality like fines, rehabilitation programs and restorative justice.  Part of the report rehashes familiar empirical, consequentialist arguments for prison reform: prisons are expensive, they have deleterious effects on society, they have unclear deterrent effects, and so on.   Those arguments are relevant and important, but in this post I’d like to focus on the more theoretical, non-consequentialist arguments for prison reform.  The British Academy report argues that, in essence, current imprisonment practices are incompatible with the values of liberal democracy.  This is roughly in line with a growing body of philosophical literature militating against mass incarceration and other forms of punishment.  Here, I’ll go through some of the report’s arguments (and one of its weaknesses), as well as introduce an alternative account I’m developing that links up the imprisonment debate with the torture debate and emphasizes a respect for dignity and humanity. Continue reading

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

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