Justice

Stopping the innocent from pleading guilty

Written by Dr John Danaher.

Dr Danaher is a Lecturer in Law at NUI Galway. His research interests include neuroscience and law, human enhancement, and the ethics of artificial intelligence.

A version of this post was previously published here.

Somebody recently sent me a link to an article by Jed Radoff entitled “Why Innocent People Plead Guilty”. Radoff’s article is an indictment of the plea-bargaining system currently in operation in the US. Unsurprisingly given its title, it argues that the current system of plea bargaining encourages innocent people to plead guilty, and that something must be done to prevent this from happening.

I recently published a paper addressing the same problem. The gist of its argument is that I think that it may be possible to use a certain type of brain-based lie detection — the P300 Concealed Information Test (P300 CIT) — to rectify some of the problems inherent in systems of plea bargaining. The word “possible” is important here. I don’t believe that the technology is currently ready to be used in this way – I think further field testing needs to take place – but I don’t think the technology is as far away as some people might believe either.

What I find interesting is that, despite this, there is considerable resistance to the use of the P300 CIT in academic and legal circles. Some of that resistance stems from unwarranted fealty to the status quo, and some stems from legitimate concerns about potential abuses of the technology (miscarriages of justice etc.). I try to overcome some of this resistance by suggesting that the P300 CIT might be better than other proposed methods for resolving existing abuses of power within the system. Hence my focus on plea-bargaining and the innocence problem.

Anyway, in what follows I’ll try to give a basic outline of my argument. As ever, for the detail, you’ll have to read the original paper. Continue reading

McMahan’s Hazardous (and Irrelevant) Thought Experiment

Written by Professor Allen Buchanan and Professor Lance K. Stell  

 

This is a response to an earlier post, by Jeff McMahan, about the right to carry guns, http://blog.practicalethics.ox.ac.uk/2015/04/a-challenge-to-gun-rights.

Before we criticize McMahan’s argument, it is important to ascertain its implications: Assuming that, as McMahan thinks, there is no moral right to gun ownership, what follows, practically speaking? One might think that, given the number of gun deaths, it follows that there should be a legal ban on gun ownership. As we shall show, however, that conclusion does not follow.  Whether or not gun ownership should be banned is independent of whether there is a moral right to gun ownership. We will show that McMahan has not established that there is no moral right to gun ownership, but that even if he had, he would not have thereby shown that there should be a ban on gun ownership. Continue reading

Born this way? How high-tech conversion therapy could undermine gay rights

By Andrew Vierra, Georgia State University and Brian D Earp, University of Oxford

This article was originally published on The Conversation.
Read the 
original article.

Introduction

Following the death of 17-year-old Leelah Alcorn, a transgender teen who committed suicide after forced “conversion therapy,” President Barack Obama called for a nationwide ban on psychotherapy aimed at changing sexual orientation or gender identity. The administration argued that because conversion therapy causes substantial psychological harm to minors, it is neither medically nor ethically appropriate.

We fully agree with the President and believe that this is a step in the right direction. Of course, in addition to being unsafe as well as ethically unsound, current conversion therapy approaches aren’t actually effective at doing what they claim to do – changing sexual orientation.

But we also worry that this may be a short-term legislative solution to what is really a conceptual problem.

The question we ought to be asking is “what will happen if and when scientists do end up developing safe and effective technologies that can alter sexual orientation?”

Continue reading

A Challenge to Gun Rights

Written By Professor Jeff McMahan

 

On this day in the US, around thirty people will be killed with a gun, not including suicides.  Many more will be wounded.  I can safely predict this number because that is the average number of homicides committed with a gun in the US each day.  Such killings have become so routine that they are barely noticed even in the local news.  Only when a significant number of people are murdered, particularly when they include children or are killed randomly, is the event considered newsworthy.

 

Yet efforts to regulate the possession of guns in the US are consistently defeated. Continue reading

Returning Looted Artworks

Written by Cecile Fabre, April 2015

 

In 1999, Maria Altman, who had fled Austria in 1938 following the Anschluss with Germany, filed a lawsuit against the Austrian government. Her claim was that five paintings by Gustav Klimt, had been looted by the Nazis from her uncle before falling into the possession of the Austrian authorities, and that these ought to be returned to her as the rightful heir. Two of the paintings included portraits of her aunt. The Austrians initially refused to take her request seriously but eventually gave in after several dramatic legal twists and turns.[1]

This story is now on our cinema screens under the title A Woman in Gold, with Helen Mirren in the starring role. The ending is clearly meant to be regarded as a happy one: after all, Altman does get the painting back. And, generally, many think that stolen or plundered works of art ought to be returned to those from whom they were taken, or their heirs. Continue reading

On the supposed distinction between culture and religion: A brief comment on Sir James Munby’s decision in the matter of B and G (children)

On the supposed distinction between culture and religion: A brief comment on Sir James Munby’s decision in the matter of B and G (children)

By Brian D. Earp (@briandavidearp)

Introduction

What is the difference between ‘culture’ and ‘religion’ … ? From a legal standpoint, this question is important: practices which may be described as being ‘religious’ in nature are typically afforded much greater protection from interference by the state than those that are understood as being ‘merely’ cultural. One key area in which this distinction is commonly drawn is with respect to the non-therapeutic alterations of children’s genitals. When such alteration is done to female children, it is often said to be a ‘cultural’ practice that does not deserve legal protection; whereas, when it is done to male children, it is commonly said to be a ‘religious’ practice – at least for some groups – and must therefore not be restricted (much less forbidden) by law.

Is this a valid distinction?

Continue reading

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

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

Compromising with Racism

Over at Slate, Tanner Colby has a critique of liberal US school busing policies that’s well worth reading.  Some historical context: in the wake of Brown v. Board’s 1954 mandate to integrate school districts, a pattern of ‘white flight’ emerged – white parents moving from city centers to the suburbs to avoid having to send their children to racially integrated schools.  School busing was a court-enforced reaction to this movement, designed to force the children of those who had fled to the suburbs to integrate by busing students in the whiter suburbs to more minority-dominated schools and vice-versa.  Busing has more recently been rolled back by various courts and local governments, much to the chagrin of liberals – but Colby argues the policy was actually a massive failure to begin with.  He makes some important points concerning a central goal of integration (to get students of different races to truly socialize and interact, not merely sit in the same classrooms and cafeterias) that busing did not achieve, and towards the end offers a glimpse of an alternative Colby thinks is superior.  This alternative essentially involves compromising with racism by having blacks be bused to predominantly white schools, but (acceding to the racially-motivated demands of white parents) not vice-versa.  Yet despite the allegedly good consequences of the compromise, there are inherent problems with it.  These problems, I submit, give us strong reason to reject compromising with racism in this instance. Continue reading

Google and the G20

The furore over Syria at the G20 meeting has distracted attention from the potentially highly significant agreement by the leaders of the world’s largest economies to support an ‘ambitious and comprehensive’ plan to address the massive global problem of multinational corporations’ failure to pay tax where they earn it, using transfer pricing and other methods to pay lower tax elsewhere or none at all. Continue reading

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