Skip to content

Crime

Polygraphs: placebo or trial by ordeal?

Chad Dixon, an Indiana man was recently sentenced to 8 months in jail for teaching people how to beat polygraph tests. The sticking point seems to be that polygraphs are used by the US federal authorities for screening applicants and detecting crimes, so if people could get past them they could do all sorts of nefarious things. But the reliability of polygraph tests is highly dubious, and false positives may have stalled many careers. So of course the UK is considering making polygraph testing compulsory for sex offenders, something the blogger Neurobonkers described as a return to trial by ordeal. Is it unethical to teach people to circumvent these tests?

Read More »Polygraphs: placebo or trial by ordeal?

Dangerous dogs and proportionate sentencing

The government is currently consulting on whether the maximum sentences for aggravated offences under the Dangerous Dogs Act 1991 should be increased. This offence category covers cases in which someone allows a dog to be dangerously out of control and the dog injures or kills a person or an assistance dog. Respondents to the survey can indicate whether they want tougher penalties for these sorts of cases. The suggested range of penalties for injury to a person – as well as death or injury of a guide dog – are three, five, seven or 10 years in prison. In relation to cases involving the death of a person, the respondent is asked: “Which of the following options most closely resembles the appropriate maximum penalty: seven years, 10 years, 14 years or life imprisonment?”

Given that the current maximum sentence for cases involving death is two years in prison, changing the law to match any of these options would represent a significant increase in the severity of the sanction. Whilst the current two-year maximum has understandably struck many as too low, it is important that those responding to the consultation — and those revising the law it is intended to inform — think carefully about the principles that would justify an increase.Read More »Dangerous dogs and proportionate sentencing

Enhanced punishment: can technology make life sentences longer?

by Rebecca Roache

Follow Rebecca on Twitter

Edit 26th March 2014: It’s been pointed out to me by various people that this blog post does not make adequately clear that I don’t advocate the punishment methods described here. For a clarification of my views on the subject, please go here. For a Q&A, see here.

Today, the mother and stepfather of Daniel Pelka each received a life sentence for his murder. Daniel was four when he died in March last year. In the last few months of his short life, he was beaten, starved, held under water until he lost consciousness so that his mother could enjoy some ‘quiet time’, denied medical treatment, locked in a tiny room containing only a mattress on which he was expected both to sleep and defecate, humiliated and denied affection, and subjected to grotesquely creative abuse such as being force-fed salt when he asked for a drink of water. His young sibling, who secretly tried to feed and comfort Daniel, was forced to witness much of this; and neighbours reported hearing Daniel’s screams at night.

Daniel’s mother, Magdelena Luczak, and stepfather, Mariusz Krezolek, will each serve a minimum of thirty years in prison. This is the most severe punishment available in the current UK legal system. Even so, in a case like this, it seems almost laughably inadequate. The conditions in which Luczak and Krezolek will spend the next thirty years must, by law, meet certain standards. They will, for example, be fed and watered, housed in clean cells, allowed access to a toilet and washing facilities, allowed out of their cells for exercise and recreation, allowed access to medical treatment, and allowed access to a complaints procedure through which they can seek justice if those responsible for their care treat them cruelly or sadistically or fail to meet the basic needs to which they are entitled. All of these things were denied to Daniel. Further, after thirty years—when Luczak is 57 and Krezolek 64—they will have their freedom returned to them. Compared to the brutality they inflicted on vulnerable and defenceless Daniel, this all seems like a walk in the park. What can be done about this? How can we ensure that those who commit crimes of this magnitude are sufficiently punished?Read More »Enhanced punishment: can technology make life sentences longer?

Censorship, pornography and divine swan-on-human action

The Prime Minister has declared that Internet service providers should by default block access to pornography, and that some “horrific” internet search terms to be “blacklisted” on the major search engines, not bringing up any search results. The main motivation of the speech appears to be that access to pornography is “corroding childhood” by having children inadvertently seeing images or visiting websites their parents do not want them to see. There is no shortage of critics, both anti-censorship groups, anti surveillance groups, technology groups and people concerned with actual harm-reduction. There are two central problems: defining pornography, and finding its harms.Read More »Censorship, pornography and divine swan-on-human action

Killing by praying

Dale and Leilani Neumann are Pentecostal Christians. Their 11 year old daughter, Kara, fell ill. In fact she had (undiagnosed) diabetes. Her parents refused to obtain medical help. Instead they prayed.

‘Kara’s father testified that death was never on their minds.  He testified that he knew Kara was sick but was “never to the alarm of death,” and even after she died, her father thought that Jesus would bring Kara back from the dead, as he did with Lazarus.

The parents and friends testified that the parents took tangible steps to help Kara.  The mother tried to feed Kara soup and water with a syringe, but the liquid just dribbled out of Kara’s mouth.  The father tried to sit Kara up, but she was unable to hold herself up.  At some point, Kara involuntarily urinated on herself while lying unresponsive on the couch, so they carried her upstairs and gave her a quick sponge bath while she lay on the bathroom floor.

At one point, Kara’s maternal grandfather suggested by telephone that they give Kara Pedialyte, a nutritional supplement, in order to maintain the nutrients in her body.  The mother responded that giving Kara Pedialyte would be taking away the glory from God.  Kara’s mother had told another visiting friend that she believed that Kara was under “spiritual attack.”

Friends Althea and Randall Wormgoor testified that they arrived at the Neumanns’ home on Sunday at approximately 1:30 p.m.  The Wormgoors saw that Kara was extremely ill and nonresponsive.  Her eyes were partially open but they believed she needed immediate medical attention.  Randall Wormgoor pulled Kara’s father aside and told him that if it was his daughter, he would take her to the hospital.  The father responded that the idea had crossed his mind, and he had suggested it to his wife, but she believed Kara’s illness was a test of faith for their family and that the Lord would heal Kara….’ [1]

But the Lord did not. Or at least not physically. Kara died from diabetic ketoacidosis. The evidence was that, with conventional medical care, she would have lived. Read More »Killing by praying

Does Madeleine McCann deserve never to be found?

by Rebecca Roache

Follow Rebecca on Twitter

Several news sources reported today that Scotland Yard has launched a formal investigation into the disappearance of Madeleine McCann, following the emergence of ‘new evidence and new theories’. Madeleine disappeared from her family’s holiday apartment in Portugal in 2007, a few days before her fourth birthday. Her parents had left her and her siblings alone in the apartment one evening while they dined with friends at a restaurant. The years since her disappearance have seen a botched Portuguese police investigation, the arrest and release of Madeleine’s parents, various unconfirmed sightings and false leads, a private investigation commissioned by the McCanns, a Scotland Yard case review, and a massive media campaign driven by the McCanns. The case is controversial: among other things, various people have complained that attention to it eclipses other abducted children, and have suggested that media interest in it is partly due to the fact that Madeleine is from a respectable, educated, white, middle-class family.

Perhaps some of this criticism is warranted—I don’t wish to engage with it here. Personally, I am happy that Madeleine’s disappearance is to be investigated, and I hope that it sends a clear indication that this sort of crime will be taken seriously even when a child disappears outside his or her community, with all the difficulties this raises for any investigation. I wish, instead, to focus on a particular complaint about Madeleine’s case that arises again and again each time the case reappears in the news: the view that the case is undeserving of serious attention because the fact that Madeleine’s parents left her unsupervised means that they are partly to blame for her disappearance. This complaint appears many times in comments on a recent Daily Mail story about Madeleine.Read More »Does Madeleine McCann deserve never to be found?

Frej Klem Thomsen, ‘Rescuing Responsibility from the Retributivists – Neuroscience, Free Will and Criminal Punishment’ (Podcast)

Do advances in neuroscience threaten the idea of free will, and if so, what practical implications does this have, for instance when it comes to criminal responsibility and punishment? In a stimulating talk at the Uehiro seminar (the podcast of which is available here), Frej Klem Thomsen, assistant professor of philosophy at Roskilde University, discussed the answers that the prominent American neuroscientists Joshua Greene and Jonathan Cohen have proposed to those questions [1]. Briefly put, Greene and Cohen predict that cognitive neuroscience will make it increasingly apparent to everyone that (as some philosophers have argued centuries ago already) there is no such thing as free will as commonly understood. This, they add, will shift the approach to punishment in criminal law from the current “retributivist” one to a consequentialist one – a change they also judge desirable, on the grounds that the current approach relies on intuitions they take to be scientifically untenable.

Read More »Frej Klem Thomsen, ‘Rescuing Responsibility from the Retributivists – Neuroscience, Free Will and Criminal Punishment’ (Podcast)

Popular Opinion and Gun Rights

Advocates of even the mildest gun control reform in the US were dealt a serious blow yesterday, as the Senate failed to enact an expansion of background checks for gun purchases online and at gun shows.   Some have been quick to gloat over the result, while others were taken aback that the Senate could so blatantly ignore the will of the American people.  A number of polls have indeed shown massive support for background checks on gun purchases (upwards of 90%) – according to one survey, the proposal is even more popular than kittens.  This level of support predates the Sandy Hook massacre.  Political analysts will go to great lengths to explain how such a popular measure was voted down (the strength of the National Rifle Association’s lobbying efforts play a large part, no doubt), but we can also ask whether it should have been – in particular, independent of the merits of the bill, whether politicians should not have flaunted the will of the people.  Read More »Popular Opinion and Gun Rights

Strict-ish liability? An experiment in the law as algorithm

Some researchers in the US recently conducted an ‘experiment in the law as algorithm’. (One of the researchers involved with the project was interviewed by Ars Technia, here.) At first glance, this seems like quite a simple undertaking for someone with knowledge of a particular law and mathematical proficiency: laws are clearly defined rules, which can be broken in clearly defined ways. This is most true for strict liability offences, which require no proof of a mental element of the offence (the mens rea). An individual can commit a strict liability offence even if she had no knowledge that her act was criminal and had no intention to commit the crime. All that is required under strict liability statutes is that the act itself (the actus reus) is voluntary. Essentially: if you did it, you’re liable – it doesn’t matter why or how. So, for strict liability offences such as speeding it would seem straightforward enough to create an algorithm that could compare actual driving speed with the legal speed limit, and adjudicate liability accordingly.

This possibility of law as algorithm is what the US researchers aimed to test out with their experiment. They imagined the future possibility of automated law enforcement, especially for simple laws like those governing driving. To conduct their experiment, the researchers assigned a group of 52 programmers the task of automating the enforcement of driving speed limits. A late-model vehicle was equipped with a sensor that collected actual vehicle speed over an hour-long commute. The programmers (without collaboration) each wrote a program that computed the number of speed limit violations and issued mock traffic tickets.Read More »Strict-ish liability? An experiment in the law as algorithm

Why slaughterhouses should welcome CCTV

by Rebecca Roache

Covertly filming shocking animal abuse in the meat industry (and other industries involving animals) is a common tactic of animal welfare charities such as the Humane Society, Mercy for Animals, Animal Aid, and PETA. The footage is generally obtained by workers for the charities who gain employment at slaughterhouses, farms, laboratories and the like; and it has been instrumental in prosecuting abusers and applying pressure on meat producers to improve welfare standards, as the New York Times reported at the weekend.

The same article also reports a disturbing response to this practice by several US states:

They proposed or enacted bills that would make it illegal to covertly videotape livestock farms, or apply for a job at one without disclosing ties to animal rights groups. They have also drafted measures to require such videos to be given to the authorities almost immediately, which activists say would thwart any meaningful undercover investigation of large factory farms.

Those who flout this so-called ‘ag-gag’  legislation may, among other things, be placed on a ‘terrorist registry’.

Read More »Why slaughterhouses should welcome CCTV