punishment

Music Streaming, Hateful Conduct and Censorship

Written by Rebecca Brown

Last month, one of the largest music streaming services in the world, Spotify, announced a new ‘hate content and hateful conduct’ policy. In it, they state that “We believe in openness, diversity, tolerance and respect, and we want to promote those values through music and the creative arts.” They condemn hate content that “expressly and principally promotes, advocates, or incites hatred or violence against a group or individual based on characteristics, including, race, religion, gender identity, sex, ethnicity, nationality, sexual orientation, veteran status, or disability.” Content that is found to fulfil these criteria may be removed from the service, or may cease to be promoted, for example, through playlists and advertisements. Spotify further describe how they will approach “hateful conduct” by artists: 

We don’t censor content because of an artist’s or creator’s behavior, but we want our editorial decisions – what we choose to program – to reflect our values. When an artist or creator does something that is especially harmful or hateful (for example, violence against children and sexual violence), it may affect the ways we work with or support that artist or creator.

An immediate consequence of this policy was the removal from featured playlists of R. Kelly and XXXTentacion, two American R&B artists. Whilst the 20 year old XXXTentacion has had moderate success in the US, R. Kelly is one of the biggest R&B artists in the world. As a result, the decision not to playlist R. Kelly attracted significant attention, including accusations of censorship and racism. Subsequently, Spotify backtracked on their decision, rescinding the section of their policy on hateful conduct and announcing regret for the “vague” language of the policy which “left too many elements open to interpretation.” Consequently, XXXTentacion’s music has reappeared on playlists such as Rap Caviar, although R. Kelly has not (yet) been reinstated. The controversy surrounding R. Kelly and Spotify raises questions about the extent to which commercial organisations, such as music streaming services, should make clear moral expressions. 
Continue reading

Hell, Damnation, The Royal Wedding, And The Thrashing Of Schoolboys

By Charles Foster

Image: Holly Fisher, a Conservative Christian blogger from West Virginia, posing with gun, Bible, and US flag:  from www.nydailynews.com

There was a near universal consensus that Bishop Michael Curry’s sermon at the wedding of Prince Harry and Meghan Markle was magnificent.  ‘Frock Star’, panted the Sun.  The Bishop ‘stole the show…and is the ‘new Pippa Middleton’’ He left for the US, the Sun continued, ‘leaving Britain still raving about his electrifying sermon.’ The Bishop ‘just stole the show’, said Vox.com ‘Prince Harry and Meghan were all but upstaged by the Episcopal priest’s fiery sermon….You might say Curry just made the Anglican communion great again.’

‘The Rev Michael Curry’, tweeted Ed Miliband, ‘could almost make me a believer, ’ and Piers Morgan tweeted: ‘Wow. Still reeling from Rev Curry. What a moment. What a man!’ The BBC commentator Jeremy Vine said that the preacher was ‘doing 50 in a 30 zone, and it’s brilliant.’ Continue reading

Video Series: Tom Douglas on Using Neurointerventions in Crime Prevention

Should neurointerventions be used to prevent crime? For example, should we use chemical castration as part of efforts to prevent re-offending in sex offenders? What about methadone treatment for heroin-dependent offenders? Would offering such interventions to incarcerated individuals involve coercion? Would it violate their right to freedom from mental interference? Is there such a right? Should psychiatrists involved in treating offenders always do what is in their patients’ best interests or should they sometimes act in the best interests of society? Tom Douglas (Oxford) briefly introduces these issues, which he investigates in depth as part of his Wellcome Trust project ‘Neurointerventions in Crime Prevention’ (http://www.neurocorrectives.com).

The Ethics of Compulsory Chemical Castration: Is Non-Consensual Treatment Ever Permissible?

By Jonathan Pugh

Tory Grant, the justice minister for New South Wales (NSW) in Australia, has announced the establishment of a task force to investigate the potential for the increased use of anti-libidinal treatments (otherwise known as chemical castration) in the criminal justice system. Such treatments aim to reduce recidivism amongst sexual offenders by dramatically reducing the offender’s level of testosterone, essentially rendering them impotent. The treatment is reversible; its effects will stop when the treatment is ceased. Nonetheless, as I shall explain below, it has also been linked with a number of adverse side effects.

Currently, in New South Wales offenders can volunteer for this treatment, whilst courts in Victoria and Western Australia have the discretion to impose chemical castration as a condition of early release. However, Grant’s task force has been established to consider giving judges the power to impose compulsory chemical castration as a sentencing option. Notably though, New South Wales would not be the first jurisdiction to implement compulsory chemical castration in the criminal justice system. For instance, Florida and Poland also permit compulsory chemical castration of sex offenders.

Continue reading

Punishment and Memory

The public outcry at the decision of the Crown Prosecution Service that Lord Janner was not fit to stand trial for 22 sex offences, the last of which were allegedly committed in the 1980s, appears to have led the CPS to initiate a review. Janner’s case raises several issues about the punishment of crimes that may have taken place in the relatively distant past. Continue reading

Should we punish crimes from the distant past?

Former Auschwitz SS officer Oskar Gröning is currently being tried as an accessory to murder for his role as an administrator in the extermination camp, and the trial has stirred up a lot of debate. One strand of the debate addresses the question whether Gröning was complicit in the extermination of prisoners, and whether he was culpable for this complicity. (Roger Crisp wrote a fascinating post on this a couple of weeks back.) But another strand – and the strand that I want to look at here – has addressed the question whether former Nazi war criminals should be tried and punished for deeds in their distant past. Eva Mozes Kor, an Auschwitz survivor and witness in Gröning’s trial has claimed that he shouldn’t be tried, though he should use his knowledge to help fight holocaust denial.

Let’s suppose that Gröning was indeed a culpable accomplice to murder. Should he then be punished? More generally, should serious crimes from decades go be punished? My intuition is that they should, but reflecting on why I have found it is not straightforward to defend this view. Continue reading

Lord Janner: Sex, dementia and the public interest

In deciding whether or not to prosecute, the Crown Prosecution Service (CPS) applies a two-stage test. The first stage is the evidential stage: is there a realistic prospect of conviction? The second stage is the public interest stage: is it in the public interest to prosecute?

In the well-publicised case of the Labour Peer Lord Greville Janner the CPS has decided, in relation to a number of very serious sexual offences, that the evidential test has been passed. However, four expert clinicians, two instructed by the CPS and two instructed on behalf of Lord Janner, are in unanimous agreement that Lord Janner suffers from a degenerative dementia that is rapidly becoming more severe. He could not engage meaningfully with any trial process. There is no prospect of recovery, and no risk of future offending.

The CPS has decided that a prosecution would not be in the public interest. It has published detailed reasons. Continue reading

The Luck of Oskar Groening

Oskar Groening – the so-called ‘Bookkeeper of Auschwitz’ who counted money taken from prisoners – is now on trial in Lueneberg. Some philosophers suggest that our moral assessment of people like Groening should take into account his ‘bad luck’ in having the opportunities he was offered to join the SS in 1942, and so on.

Continue reading

Should remorseful offenders be punished less harshly?

New Book: ‘Remorse, Penal Theory and Sentencing’ (Oxford: Hart Publishing)

If an offender is genuinely remorseful about the crime she committed, should she receive some small-but-non-trivial mitigation of her sentence? – i.e. should she be punished a little bit less than she would have been had she not been remorseful? In many jurisdictions, including England and Wales, this practice is written into the sentencing guidelines that judges have to follow. However, it is difficult to see how this practice can be justified, and intuitions about the relevance of remorse to criminal sentencing seem to vary wildly.

One first obvious concern is that it can be difficult to know whether an offender’s remorse is genuine: is she just pretending in the hope that her sentence will consequently be somewhat lighter than it would otherwise have been? Whilst the possibility of simulation indeed presents a practical challenge, the prior question is whether an offender’s genuine remorse should matter at all. Should judges try to determine whether an offender is remorseful and, if so, with what consequences? Continue reading

Should We Reward Psychopaths?

Psychopaths frequently make the news and rarely for good reasons. Take, for instance, the recent case of Becky Watts, a 16-year old girl who was abducted and murdered in Bristol; her body parts were discovered by the police at a house in Barton Court, Bristol. While her murder remains unsolved, it is hard not to suspect that there is a person with psychopathic tendencies behind it. And this is not unreasonable. Between 25 to 30 percent of crimes are committed by psychopaths, despite them representing only 1 percent of the population. The percentages are especially high for extremely violent crimes such as rape and homicide. Given the detrimental effect psychopaths have on society, is there a way to cure them or at least to reduce their negative impact on society?

Continue reading

Authors

Subscribe Via Email

Affiliations