Journal articles: 'Criminal justice, Administration of Criminal justice, Administration of Criminals Self' – Grafiati (2024)

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

The second half of the twentieth century witnessed the metamorphosis of Britain from a global, imperial power to a full (if sometimes ambivalent) member of the modern regional partnership that is the European Union (EU). During the same period, transnational criminal activity was transformed from an arena in which criminal fugitives sought merely to evade domestic justice through self-imposed exile to an environment in which improved travel and communication facilities enabled criminals to commute between national jurisdictions to commit crime or to participate in global criminal enterprises run along modern business lines. This development is so serious that it is considered in some quarters a threat to national security and the very fabric of society.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

A self-report questionnaire about past criminal behavior is presented here as a useful pedagogical tool to demonstrate the invalidity of crime rates, challenge stereotypes about criminals, exemplify policy problems, and personalize the ways in which race, gender, and class operate to disadvantage and advantage people in the administration of justice. Philip Reichel’s 1975 criminal activities checklist exercise, first published in Teaching Sociology, is updated pursuant to the Georgia 2016 criminal code. Additions include new laws around technology use (i.e., sexting, privacy, and piracy laws), substance use (pharmaceuticals and minor alcohol possession), criminalized driving offenses (aggressive driving and DUIs), and sex offenses. I found that most students in my classroom have violated a law. These findings, the findings of others who have administered similar checklists, and growing research suggest that crime commission is more the norm rather than the exception, and this gives instructors great opportunities to challenge student assumptions.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

This article, by framing criminology and criminal law together, suggests that in the early years of the South African state both bodies of discourse served to evade reality and to construct a sense of self and other as a part of the development of the administration of South African criminal law. It considers the derivation of South African criminology from contemporary metropolitan formulations. South African legal doctrine and practice likewise depended on extra-South African sources. These imported discourses provided lenses through which a descriptive confrontation with the realities of the processes of criminalization, and the administration of criminal justice could be avoided precisely by hose “expert” in these fields. Instead, science and law, far from being pragmatic disciplines, provided the means by which to fantasize about the nature of white justice and black criminality.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

Studies bear out that African Americans are drastically underrepresented in criminology and criminal justice doctoral programs and that, once admitted, they have lower-than-average rates of completion. On average, throughout their careers, African Americans are less likely to secure positions in the most prestigious programs; publish in the most highly regarded journals; or receive tenure, promotion, and compensation commensurate with their European American colleagues. One explanation is that the academy espouses ideals that disadvantage those from a Black cultural background. Through auto-ethnographic narratives, this article explores the ways in which criminology and criminal justice have adopted and reinforced a professional culture that may be incongruent with that of most Black academics. Borrowing from the tenets of critical race theory, we examine the ways in which the field imposes criteria for success counter to the cultural orientation of many African Americans. Finally, we argue the need for field-wide self-assessment and proactive measures to increase receptiveness to, and inclusion of, scholars who bring broader methodological and cultural lenses to both the academic discipline and the practical administration of justice.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

The article describes the conceptual basis for a new special research theory — extrajudicial forms of protecting rights and freedoms of a person in the field of criminal law relations. The authors introduce the concept of these forms and their system consisting of legal and non-legal forms of such protection. It is concluded that the reaction of the state to the implementation of legal extrajudicial forms of protecting rights and freedoms of a person in the field of criminal law relations should be improved with the purpose of ensuring greater justice when making decisions on criminal prosecution for the self-defense of the legal status of a person in the analyzed sphere of relations. The authors offer a number of suggestions on changes and amendments to the Criminal Code of the Russian Federation that would improve the effectiveness of this reaction. On the other hand, non-legal forms of self-defense in the field of criminal law relations should be prevented. The authors present a list of factors determining the existence of these forms in the Russian society, some of which, due to certain circ*mstances both in the past and present period of the deve­lopment of Russian state and society, have an «excusable» character. These factors include both global (the spread of various discrimination practices, ideas of extremism and religious radicalism; the escalation of violence) and national factors (historical predetermination of state and public development; features of cultural development of the Russian society; specifics of the implementation of state policy and public administration activities; drawbacks of criminal law regulation of social processes and law enforcement activities; destructive practices of social relations; moral and psychological state of the society; influence of propaganda; defective educational and pedagogical influences, etc.). The authors also present a system of preventive measures aimed at eradicating non-legal forms of the analyzed extrajudicial protection. This system includes measures of developing a state reaction to crimes that would correspond to social expectations, ensuring a greater strictness of criminal law, unavoidability of prosecution, as well as measures of moral rehabilitation of the Russian society, raising the level of its legal conscience and culture. The authors suggest the introduction of a norm that establishes criminal liability for usurping the power of the court connected with the administration of justice.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

The judicial power in criminal law enforcement within the Criminal Justice System, including the execution of criminal sanctions sub-system, should be independent and self-supporting. In Indonesia, the execution of criminal sanctions sub-system is currently under the executive power that enables the practice of execution of sanctions being obstructed by many factors. In relation to that, this study explains the urgency of revision for legal structure of criminal sanctions execution and legal structure reformation for criminal enforcement in Indonesia. It employs a qualitative approach using the doctrinal research within the post-positivism paradigm. This study found that it is considered urgent or essential to reform the criminal legal structure of the national law based on philosophical, sociological, and juridical aspects abiding to Pancasila. The criminal law system covers the criminal law enforcement system which includes material criminal law sub-system, formal criminal law sub-system, and execution of criminal sanctions sub-system. Essentially, the execution of criminal sanctions sub-system acts as a sub-system of punishment. The structural reform of the systemic law in execution of criminal sanctions sub-system should be under the auspices of judicial authority, which is the Supreme Court. Therefore, this study concludes that the system should become linear, independent, synergized, and integrated with the investigative agents, prosecutors, and courts in a single criminal law system. In this way, there will be supervision and coordination in the context of the integrality of punishment, which falls under one protection of an integrated criminal law enforcement system.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

The focus of current government policy on maximising labour market participation among those of working age is known to have particular implications for people with multiple problems and needs. This article reports preliminary findings from a study based on in-depth interviews with 50 people with experience of not only unemployment, but several additional problems, such as homelessness, ill-health or disability, substance abuse, the criminal justice system, and disruptive family relationships. It points particularly to the traumatic nature of the lives experienced by many of those participating in the study and to the corrosive culture of self-blame to which they were subject. It concludes by arguing for more holistic ways of supporting people in such situations and for a different approach to assessing ‘job readiness’.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

The paper examines the powers of the judiciary to ensure the rule of law in the sphere of public administration and local self-government, which, according to the authors, consist in the implementation of the judicial control function by the courts. Granting the judicial power with the function of judicial control and expanding the scope of its implementation is one of the mechanisms that, in conditions of ensuring the rule of law, are necessary in order for everyone to exercise their constitutional freedom to appeal to the court against illegal acts, decisions, actions or omissions of public authorities, their officials, and civil servants. It is obvious that the role of the judiciary is significantly enhanced in the implementation of the second institutional reform to ensure the rule of law. Today, the rule of law in the sphere of state and local government is ensured the implementation of judicial control by courts of general, specialized and higher jurisdiction, as well as specialized formulations courts of the Republic of Kazakhstan in accordance with the RK legislation on civil and criminal procedure and administrative offences. However, according to the study, administrative and judicial reforms carried out in parallel in the Republic of Kazakhstan have resulted, on the one hand, in strengthening judicial control in the sphere of state administration and local self-government, and, on the other hand, in restricting the constitutional right to judicial protection and freedom of appeal in court. According to the authors, the steps to optimize the courts, consisting in the transition from a five-level court to a three-level court, have not achieved their main goal-to simplify access to justice.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

As with other pillars of the Scottish criminal justice system, the distinctiveness of the Scottish police model from its English counterpart has been widely acknowledged. Its historical development, institutional structure, and level of community support have been portrayed as unique in the United Kingdom. Although rarely heralded as a symbol of national identity in the same way as the Church of Scotland or the legal system, the Scottish police's distinctive customs, traits, and practices have been held up in some studies as a badge of national pride. Often this is for no significant reason other than the fact that police reform in Scotland predated similar developments in England. Municipal police administration has also been depicted as an important symbol of the self-governing nature of Scottish civil society, conferring upon local authorities a wide range of autonomous powers and strengthening their bargaining position with central government in Westminster in London.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

The Regulation of the Minister of Finance of the Republic of Indonesia Number 68/PMK.03/2022 as the legal basis for cryptocurrency income tax does not reflect the principle of fairness because the consideration is based on the principle of ease of administration. This paper aims to provide an alternative income tax legal framework on cryptocurrency based on the principle of justice. It is expected to be a step to increase state revenue through the sector of cryptocurrency tax. This paper employs a conceptual and comparative approach to normative research. Furthermore, the researcher compares income tax regulations and policies on cryptocurrency in Indonesia and Canada with the theory of justice to obtain answers to legal problems. The Regulation of the Minister of Finance of the Republic of Indonesia Number 68/PMK.03/2022 does not reflect the principle of justice because the final tax rate does not reflect the tax burden. In addition, there are limitations on the tax collector's authority, so tax collection is not comprehensive. Therefore, this paper compares and analyses income tax regulations and policies in Indonesia and Canada to obtain several alternative forms of fair tax legal framework on cryptocurrency. Alternative cryptocurrency income tax regulation that can be accommodated by the government is to change to a progressive rate to fulfill tax fairness, change the collection system to a self-assessment and do not differentiate the source of income and also cooperate with various exchanges to exchange transaction data to prevent criminal acts.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

From the subject presented in the report it is evident that the pre-trial and the court bodies may, to some extent, be influenced both by the person of the accused and by his competence to participate in the criminal process. In this regard as an expert, the psychologist can offer invaluable assistance. Each expertise would assist all actors involved in the administration of justice on their objective assessment of the offenders, the understanding of their individual protection and the inherent self-justification during procedural actions. The involvement of psychologists in the criminal process is key to establishing the truth in the investigation, because every crime as an act has a subjective side, expressed in the psychic attitude of the perpetrator to the committed act. Establishing these psychological motives is a key point in the criminal process with a view to establishing the truth.Psychological protection stabilizes the personality in the critical conditions of counteraction, related to the elimination of the experiences of tension, anxiety, stress and frustration, leading to maximum mobilization of its resources and at the same time to their overpayment. Thus, the individual who is the subject of the process action is protected against the adverse external influences, but at the cost of a lot of effort and enormous loss of nervous-mental energy, which increases his own vulnerability instead of contributing to its reduction. The appearance and functioning of psychological protection can be significantly impeded by the interaction of the investigator with the accused. Even more complicated is the situation when it breaks the communication contact that may arise in the psychological alienation and self-isolation of the accused due to the desire to protect himself.Protective psychological dominance is a real psychic activity that investigators, investigators, investigators and judges need to take into account in order to effectively deal with their task and to overcome the resistance of the investigated persons and in a time to prove in a lawful and moral way their guilt and participation in the commitment of the crimes.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

From the subject presented in the report it is evident that the pre-trial and the court bodies may, to some extent, be influenced both by the person of the accused and by his competence to participate in the criminal process. In this regard as an expert, the psychologist can offer invaluable assistance. Each expertise would assist all actors involved in the administration of justice on their objective assessment of the offenders, the understanding of their individual protection and the inherent self-justification during procedural actions. The involvement of psychologists in the criminal process is key to establishing the truth in the investigation, because every crime as an act has a subjective side, expressed in the psychic attitude of the perpetrator to the committed act. Establishing these psychological motives is a key point in the criminal process with a view to establishing the truth.Psychological protection stabilizes the personality in the critical conditions of counteraction, related to the elimination of the experiences of tension, anxiety, stress and frustration, leading to maximum mobilization of its resources and at the same time to their overpayment. Thus, the individual who is the subject of the process action is protected against the adverse external influences, but at the cost of a lot of effort and enormous loss of nervous-mental energy, which increases his own vulnerability instead of contributing to its reduction. The appearance and functioning of psychological protection can be significantly impeded by the interaction of the investigator with the accused. Even more complicated is the situation when it breaks the communication contact that may arise in the psychological alienation and self-isolation of the accused due to the desire to protect himself.Protective psychological dominance is a real psychic activity that investigators, investigators, investigators and judges need to take into account in order to effectively deal with their task and to overcome the resistance of the investigated persons and in a time to prove in a lawful and moral way their guilt and participation in the commitment of the crimes.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

Abstract Background: Sweat testing is a noninvasive technique for monitoring drug exposure in treatment, criminal justice, and employment settings. Methods: We evaluated cocaine excretion in 9 participants’ sweat after they received 3 low doses (75 mg/70 kg) of cocaine HCl subcutaneously within 1 week and, 3 weeks later, 3 high doses (150 mg/70 kg). Six additional participants completed portions of the study. PharmChek® sweat patches (n = 1390) were collected throughout a 3-week washout period, reflecting previously self-administered drugs, and during and after controlled dosing. Results: Cocaine was the primary analyte detected with 24% of patches positive at the gas chromatography–mass spectrometry limit of quantification of 2.5 ng/patch and 7% of patches at the proposed Substance Abuse and Mental Health Services Administration cutoff of 25 ng/patch. Ecgonine methyl ester (EME) was detected more often and at generally higher concentrations than benzoylecgonine. In patches containing both metabolites, there was no statistically significant difference in the benzoylecgonine/EME ratio based on length of patch wear. During washout, 2 participants’ weekly patches tested positive (≥25 ng/patch) during the first week; one remained positive during week 2; and none were positive during week 3. Cocaine and EME were detectable within 2 h; benzoylecgonine was not detected until 4–8 h after low doses and slightly sooner after high doses. The majority of drug was excreted within 24 h. Over 70% of weekly patches worn during low doses were positive for cocaine (≥25 ng/patch), increasing to 100% during high doses. Conclusion: Sweat testing is an effective and reliable method of monitoring cocaine exposure.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

Purpose – Gang affiliation in youth is associated with increased criminal recidivism and an exaggeration of various criminogenic needs; affiliation also meets a variety of youth's personal and social needs. The purpose of this paper is to describe a study of the self-reported reasons for joining and leaving gangs, as well as the difficulties faced by Singaporean youth offenders in leaving youth gangs; it also explores the relationship between gang affiliation and family connectedness, educational attainment and early exposure to gangs. Design/methodology/approach – This prospective study involved structured interviews and administration of questionnaires with 168 youth offenders in Singapore. Univariate and multivariate analyses were conducted to examine the research questions. Findings – Gang-affiliated youth cited a desire to establish and maintain friendships as their primary reasons for joining a gang. Youth who left their gang reported maturing beyond this need and the activities of their gang, particularly in light of the deleterious impact of their gang-related activities on familial relationships and employment and financial status. Early exposure to gangs through family and neighborhood influences, and poor educational engagement increased the likelihood that youth would join a gang. Practical implications – This study highlights the need for clinicians and other service providers to better understand the universal human needs that are met through gang affiliation and the correlates of affiliation. Originality/value – Few studies have directly examined the factors relating to gang affiliation in a non-western context; this study may be relevant to professionals working in the juvenile justice and offender rehabilitation arenas.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

The authors analyze the work of law enforcement bodies in the conditions of the pandemic when the situation has not been recognized as an emergency by the government authorities and the state of emergency has not been announced (using the example of the situation in March — April of 2020 connected with the COVID-19 pandemic). They stress the importance of a comprehensive assessment of how critical the situation is and of carrying out certain actions even before it is recognized as an emergency. The authors also analyze various approaches to this situation used in difference regions of Russia and point out negative consequences of the implementation of some decisions. It is shown that law enforcement activities, in comparison with other functions of the state, provide fewer opportunities for avoiding personal contact with citizens. In this connection, different ways of carrying out criminalistic activities effectively that take into consideration the necessity of minimizing personal contact for the investigator are presented, such as: distance communication, investigative activities in virtual reality, use of unmanned aerial vehicles to examine the scene of crime without visiting the area during lockdown, use of criminalistic robotics and other robotic complexes. The authors note with regret that while the administration of law enforcement during an emergency situation or a state of emergency is supported by research-based recommendations, it is left in a virtual vacuum, research- and methodology-wise, in the situation of restrictive measures and self-isolation. The article describes both measures of general prevention (use of medical masks, disposable gloves, disposable clothes, hazmat suits), and special possibilities provided by information and communication technologies available in the conditions of the fourth information revolution. The latter, according to the authors, are a wider use of videoconferencing (including its use for such investigative actions as interrogation, confrontation, identification parade, examination), use of computer-augmented reality, implementation of the concept of electronic justice and the use of robotic complexes for criminalistic purposes.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

The political and legal analysis of the principles of organization and main directions of the city government in Lutsk activity according to the normative and legal acts of the Grand Duchy of Lithuania supreme authority and materials of local administrative and judicial institutions in the conditions of the of Magdeburg lawimplementation has been carried out. Grand privilege to the city of Lutsk for the Magdeburg law in 1497 has been considered in details. The city’s government structure, its bodies’ functions: council and lava and chief officials ─ Vogt, Landvogt, burgomasters, advisers and lavnyks have been found out. The activities of the local government officials’ in the field of administration and justice, tax and customs policy, the organization of bids and fairs, support for the development of a handicraft trade, etc. has been revealed. It has been proven, that that in the middle of the 16thcentury the city government in Lutsk actually gained the value of a higher judicial and administrative body for the burghers who belonged to the jurisdiction of the city self- government. The confirmation of this was the participation of members of the city council and lava in criminal cases and taking over of such sentences as the death penalty. Considerable attention has been paid to the issue of the rights and freedoms of burghers’ protectiongranted to them by Magdeburg law and local customs from attacks of the landowners and city officials. The examples of the conflict’s resolution between Lutsk burghers and property owners in connection with the unauthorized placement by private landowners of private customs and the unlawful introduction of bids have been given. It has been proven, that theviolations of ancient customs and traditions in the field of customs and tax policy, as well as other abuse of local authorities and landowners met with collective resistance from the burghers of Magdeburg jurisdiction. During their appeal by the Lutsk burghers, the Grand Duke stood on the side of the burghers, confirming the authority and power of the urban community, as well as respect to the traditions and law, that was publicly demonstrated by the supreme power. Keywords: Grand Duchy of Lithuania, local self-government, the Magdeburg law, city, Luts’k, burghers, council, lava, administration, court

APA, Harvard, Vancouver, ISO, and other styles

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

The Criminal law is the strongest arm of all the normative systems of society which saves the society from evils, punishes the criminals, curbs, and prevents crimes in the society, frees it of crime or makes continuous efforts to keep it at bay or at least makes offences unattractive, unpleasant, hateful, and unaccepted activity in our society. The criminal procedure is criminal justice in action. The failure of the procedural law means failure of the social goals set by society. With the help of qualitative research methodology, this article discusses the importance of criminal procedural law in the administration of the Criminal Justice System (CJS). It points out the two types of criminal procedural laws in Pakistan; constitutional and ordinary. It also analyses the current situation of the CJS of Pakistan. It also highlights the major problems in the criminal procedure of Pakistan and pointed out the need of revamping the criminal procedure. It also pointed out the need to transition from existing criminal procedural laws of Pakistan to Islamic Criminal Procedure.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

Every legal system includes, as one of its main elements, a system of the implementation of sentences issued by the courts. However, the administration of punishments is always connected with violence against people, and sometimes even with their execution. The extent to which such violence was restricted so as to be acceptable to the collective sense of justice is an eloquent characteristic of the very concepts of justice inherent in culture as a whole. This article uses the example of the Chinese Tang dynasty criminal law to analyze what restrictions were provided by the traditional Chinese law for state violence against convicted criminals, and what penalties for government employees, who violated those restrictions.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

Monitoring drug-abuse-treatment delivery and progress requires the use of validated instruments to measure client motivation, psychosocial and cognitive functioning, and other treatment-process dynamics. As part of the National Institute on Drug Abuse Criminal Justice Drug Abuse Treatment Studies project for examining client-performance indicators for treatment of correctional populations, this study examined psychometric properties of the Criminal Justice Client Evaluation of Self and Treatment (CJ CEST). The sample included 3,266 offenders from 26 corrections-based treatment programs located in six states. Overall, the client assessment demonstrated good reliabilities evaluated at the individual and program levels and in test—retest administrations. In addition, evidence for construct validity was favorable. It is concluded that the CJ CEST is a brief yet comprehensive instrument that effectively and efficiently measures client needs and functioning at intake and also is appropriate for use during treatment to monitor progress over time in corrections-based drug-treatment programs.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

Al Qaidah al Fiqhiyah (Islamic Legal Maxim) is a collection of rules having the same ruling in different chapters but of a specific field of al Fiqh al Islami. (we will discuss latter with some detail about the concept of Qaidah and Dhabit). The Al Aslu Fe al Muttaham Baraahatoho (The accused is innocence until proven guilty) is one the basic principle and maxim of English Criminal Law and so of Pakistani Criminal Law. (a mixture of somehow Islamic and Common Law). This maxim is recognized by Sahriah but in a way that it could not became a shelter for professional criminals and trouble makers in the society because administration of criminal justice system of Islamic Law safeguards the right of accused, but not by putting the right of lives and property of others innocents in vain, so that they spent their lives while reaching about their rights in the hands of unknowns. this work focuses on the literal and technical meaning of the maxim, as well as significance of its consideration in the field of Islamic Criminal Law and also its applications in the field. The study will come with the proofs of the maxim from the verses of Quran and traditions of the Holy Prophet (PBUH). After that it will bring out relevant cases from the Islamic Criminal Law along some of exceptional cases as well. The study will also deal with its relevance with Pakistani Criminal Law, highlighting the common areas of both in traditional Islamic Law and Criminal Justice System in Pakistan, and basic points of differences between them and its impacts while fulfilling the administration of justice.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

The article examines the problems of constitutionalization of the legal order in the light of legal reform. It is noted that the currentsituation in the legal sphere (in the state of constitutionalization of law) is characterized by the following negative features: the lack ofrational legal policy and of systematic decisions of public authorities; the lack of optimal economic and political conditions for the developmentof the legal system as a whole and its individual elements; the low level of legal awareness of subjects of law and the high levelof legal nihilism; conservatism and inertness of individual subjects of the legal system. All these circ*mstances are a serious obstacle tothe legal order. Reforming is closely related to the change of power, political system, state policy, ideology, political course. In such situations,there is a need for systematic improvement of existing legislation. And it is necessary to make amendments not to separate laws,but to the whole legal field which needs systematic updating. It is emphasized that legal reform should be divided into three main areas:constitutional, legislative and judicial. These are, first of all, the reform of public administration, administrative and territorial reform,judicial and legal reform, the reform of criminal justice, and the reform of local self-government in Ukraine. All these areas are interconnected.At the same time, taking into account the fundamental importance of constitutional law (in relation to other branches of law),there is a need to substantiate the possibility of implementing constitutional principles into the fields of current legislation in order to furtherconstitutionalize the legal order. In view of this, an important step for the legal enforcement of reforms is the constitutional reform,the implementation of which is part of the problem of the development of statehood, improving the legal system of Ukraine.It is concluded that in the implementation of legal reform it is important to strictly adhere to the principles of the rule of law, oflegal certainty, and of proportionality, with the latter formed in the legal positions of the European Court of Human Rights. These legalmechanisms will contribute to more effective constitutional development of Ukraine, improvement and harmonization of all spheres ofpublic life, including legal one, renewal, constructive mechanism for protection of human and civil rights and freedoms, which is themain goal of constitutionalization of the legal order.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

The subject of this research is the historical-legal grounds of rendering mutual legal assistance in the Republic of Azerbaijan. Research methodology is comprised of formal-legal, comparative-legal, and historical-legal methods. Normative framework is formed by the Constitution, provisions of the criminal procedure legislation and laws, international acts acceded by the Republic of Azerbaijan, which regulate mutual legal assistance issues. Objective: to develop proposals for improving the Institute of mutual legal Assistance. assistance in criminal matters based on the historical experience in this field. The research results are as follows: mutual legal assistance has evolved from elementary extradition of fugitive serfs, one-time provision of diplomatic assistance to institutionalized legal assistance based on multilateral and bilateral agreements; from the absence of  legislative framework to codification; from inclusion of separate norms on certain aspects of the agreement on friendly relations, peace, cooperation or even submission to conclusion of special bilateral agreements. The acquired results can be implemented in intergovernmental relations regulation of rendering mutual legal assistance in criminal matters. The novelty of this research consists in consideration of legal assistance based on the historical-normative acts of the Republic of Azerbaijan. The following conclusions were made: in some historical periods, legal assistance included such institutions as the presence of state representative of the accused in administration of justice against a foreigner, unconditional extradition of criminals who committed grave crime, stiff punishment of those reluctant to peace, elimination from jurisdiction of certain criminals, transfer of prosecution, etc. can still be currently used to regulate or improve the institution of legal assistance in criminal matters, including reasonable terms for submitting court requests. For example, a reasonable term for criminal proceedings is one of the guarantees of effective legal proceedings, the violation of which also entails an infringement of such a fundamental right to fairness of proceedings.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

The work presented in this paper concentrates on the significance of confessional statement of the criminal and particularly how it is procured; using what methodology and tactics. The significance of voluntary confession is more effective evidence in court of law. The question that merely a confessional statement of the accused is sufficient for punishment or it must be coupled, conjoined and amalgamated with other types of evidence such as forensic, digital forensic, documentary or oral evidence tendered by prosecution witnesses. The reasons for voluntary confession must be recorded in writing in court of law. Therefore, confessional statements obtained by torture or other third degree methods by police or investigating agency may jeopardize and endanger the administration of justice. A few third degree methods to obtain the confessional statement are exhibited. Sometimes, innocent persons admit their guilt and are punished in the absence of transparency. However, the significance other types of evidence cannot be ruled out in the presence of confessional statement of the criminal. The paper also presents the analysis of the authenticity of the confessional statement gathered using medication or methods of hypnotism.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

Purpose This paper aims to examine the anti-corruption policy of the Federal Executive Council of Nigeria, to determine whether the policy is working and/or has produced unintended effects. The Federal Executive Council is the body comprising all the Ministers of the Federation, including the President and Vice President. Design/methodology/approach The analysis took the form of a desk study, which analysed various documents and reports such as the Transparency International Corruption Perceptions Index, 2008-2016, the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Economic and Financial Crimes Commission (Establishment) Act, 2004, the Administration of Criminal Justice Act, 2015, the UK’s Investigatory Powers Act, 2016, the Public Interest Disclosure and Witness Protection Bill, 2017 and the Financial Action Task Force Recommendations, 2012. Findings This paper determined that the anti-corruption policy of the Federal Executive Council of Nigeria could achieve its desired objectives if the following recommendations are implemented: research grants which are sent to Nigerian universities by international and corporate bodies should be exempted from the current treasury single account arrangement. This would enable universities to easily access the funds and disburse the same to qualified students. The Federal Government should follow the guidelines laid down in Section 270 of the Administration of Criminal Justice Act, 2015 for plea agreements. In other words, the prosecution should only offer a plea bargain to a person who has been charged with an offence. The prosecution should not receive and consider a plea bargain from a person who has not been charged with an offence. Any attempt to water down the effect of Section 270 of the Administration of Criminal Justice Act, 2015 may weaken the ongoing fight against corruption and money laundering because criminals will be encouraged to continue looting public funds. The Financial Action Task Force Recommendations (Recommendation 3) requires that criminal sanctions for natural persons convicted of money laundering should be effective, proportionate and dissuasive. The Federal Government of Nigeria should introduce a Bill to the National Assembly that would provide a clear framework for the use of investigatory powers by law enforcement, the security and intelligence agencies and other public authorities. This includes the interception of communications, the retention and acquisition of communications data, the use of equipment interference and the retention and use of bulk data by the security and intelligence agencies. The Bill must establish a number of safeguards against the arbitrary or unlawful use of investigatory powers by the executive. The UK’s Investigatory Powers Act, 2016, for example, established a number of safeguards for the retention and acquisition of communications data. Authorisations for obtaining communications data will have to set out why accessing the communications data in question is necessary in a specific investigation for a particular statutory purpose and how it is proportionate to what is sought to be achieved. A police officer who receives information from a whistleblower about money hidden in an apartment should apply to a Court or Justice of the Peace within the local limits of whose jurisdiction he/she is for the issue of a search warrant before conducting a search on the said premises. This procedure is in line with Section 143 of the Administration of Criminal Justice Act, 2015 and the Court of Appeal decision in Hassan v. E.F.C.C. (2014) I NWLR (Pt. 1389) 607 at 625. The Public Interest Disclosure and Witness Protection Bill, 2017 should be given accelerated consideration in the House of Representatives based on its urgency and significance for the Federal Executive Council’s whistleblowers policy. Research limitations/implications This paper focusses on the anti-corruption policy of the Federal Executive Council of Nigeria from 29 May 2015 to 10 June 2017. It does not address the older policies. Originality/value This paper offers a critical analysis of the new anti-corruption policy of the Federal Executive Council of Nigeria. The paper will provide recommendations on how the policy could be strengthened. This is the only paper to adopt this kind of approach.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

This article focuses on the issues of international cooperation of prosecutors’ offices on provision of legal assistance in criminal matters. Besides, the article is dedicated to the matters concerning the cooperation of prosecutor offices in terms of fighting against crime within the regional scope of international organizations. In particular, in this scientific research, proposals were made to improve the withdrawal system of international fugitive biometric passports. The author’s comparative analysis on international conventions, declarations and legislation of foreign countries reflected the specifics of this article. Moreover, the relevance of the research topic lies in the fact that the commission of such crimes is characterized by the use of modern technical means and high-tech facilities of air and land transport, a high transcontinental level of organization and large financial support, including illegal financial sources. The negative outcome of such activities is due to a significant increase in the number of serious crimes of a transnational nature. The lack of adequate legal cooperation between states leads to the emergence and spread of negative situations when criminals, committing a crime in one state, illegally cross the borders of another in order to avoid the administration of justice and prosecution. The problem of detecting, investigating and preventing such crimes within the framework of international cooperation in criminal matters is the most pressing today.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

INTRODUCTION. The legal saga of the prosecution of Adolf Eichmann, one of the most wanted war criminals and chief “architect” of the Holocaust, raises many ethical, political and legal problems. The Eichmann trial is unprecedented in the long history of international criminal law for many reasons. Although many leaders of Nazi regime were put on trial at Nuremberg before International Military Tribunal, mass killings and other outrageous crimes against Jews was not the main object of the trial. Thereby prosecution and punishment one of the most important organizers of the genocide of Jewish people, creator of new type of evil and new type of crime, become the great task of the State of Israel.MATERIALS AND METHODS. The theoretical basis of the study consists of the works of leading international lawyers specializing in international criminal law, as well as the international extradition of criminals; the analytical base comprises of the decisions of the Nuremberg International Military Tribunal, as well as the national courts of the State of Israel, in particular the cult decision the Attorney General of the Government of Israel v. Adolf Eichmann, as well as the decisions of the national courts of the United States, cited in the article for the purpose of comparative analysis. The methodological basis of the research comprises historical method, methods of formal logic, including analysis, synthesis and analogy, as well as systemic, comparative legal methods and method of interpretation.RESEARCH RESULTS. Based on the study of international legal instruments and international judicial practice, as well as the national legislation of the State of Israel, the author made conclusions related to the abduction of accused from the territory of a foreign state, in particular its consequences in the form of violation of the sovereignty of the state. At the same time, the article contains a statement that the unlawfulness of the arrest does not prevent the court from exercising jurisdiction over the person. In the context of the administration of justice by the State of Israel, the author analyzes the Convention relating to the Status of Refugees of December 14, 1951, paying special attention to the problem of the possible immunity of the accused based on the refugee status granted by the state.DISCUSSION AND CONCLUSIONS. In the course of the study, the author analyzed a significant amount of materials, summarized the doctrinal positions put forward by a number of prominent international scholars, and also formed the conclusion that the trial of Eichmann marked not only the administration of justice over the international criminal, but also provided another opportunity for a broad international publicity of the horrors of the Nazi regime and the need to unite collective efforts of states to save future generations from such international crimes.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

The article analyzes historical, geopolitical, legal and other aspects of the organization and conduct of the International Military Tribunal on the basis of the monograph by Corresponding Member of the Russian Academy of Sciences A.N. Savenkov “Nuremberg: A Verdict for name of Peace”. over the main Nazi criminals, the political, legal and moral significance of its results for the further strengthening of peace on Earth and the prevention of global wars, the prevention of crimes against the peace and security of mankind, the development of International Law, etc. are investigated. Based on the results of A.N. Savenkov’s research, the study of archival materials of the Nuremberg Trials and other sources on this issue, the authors believe that: • in the entire history of legal proceedings, there has probably never been a court like the Nuremberg Trials. Its uniqueness lies in the fact that it is the first case in the history of justice (sui generis) when more than 20 high-ranking officials, who were part of the highest political and military leadership of a single aggressor state, found themselves in the dock, guilty of both planning, preparing and unleashing a world war, and committing during it mass crimes against peace and humanity; • the historical value of the International Military Tribunal is also seen in the fact that its results had a huge impact on the course of world history, outlined the basic contours of the new architecture of the post-war world order and world order on Earth, laid the foundations of international criminal justice, etc., and the Tribunal itself became a symbol of the victory of good over evil; • the Nuremberg Trials showed that for crimes against peace, war crimes and crimes against humanity committed during an aggressive war, the victorious States have the right to establish a special court (ad hoc) with universal jurisdiction against the political and military leaders of the defeated State, to determine a list of specific crimes (including those with criminal retroactivity), those under his jurisdiction, to provide for a special procedure for the administration of justice, to establish the types of punishment for the perpetrators and their terms, the order and form of execution of a court sentence, etc.; • the refusal of the founders of the Ministry of Internal Affairs to bring to trial the highest state and military officials of Nazi Germany on the basis of the national laws of the countries on whose territory they committed numerous terrible crimes incompatible with human nature was due to the fact that the norms of criminal legislation of none of these states (as, indeed, International Law of that time) did not they fully covered all the specifics of the objective and subjective properties of many barbaric crimes committed by Nazi criminals against humanity, therefore, it was not possible to talk about this category of monstrous acts that claimed the lives of tens of millions of innocent people as classic forms or types of crimes that infringe on the rights and freedoms of individual citizens or states, even at the level of the institution of analogy in law; • taking into account the irremediable contradictions between the norms of national and International Law, on the one hand, and the essentially unprecedented atrocities committed by Nazi criminals on a massive scale, on the other, the victorious countries in World War II as bearers of supreme power in Germany (due to the loss of its legal personality) on August 8, 1945 we made the only possible decision in the current situation: 1) to establish an open International Military Tribunal with universal jurisdiction for the prosecution and punishment of the main war criminals of the European Axis countries; 2) on the basis of international treaties and agreements, the basic values of natural law, generally recognized principles of Criminal and Criminal Procedure Law, taking into account certain provisions of the Anglo-Saxon and Romano-Germanic legal systems, adopt the Statute of the Ministry of Internal Affairs, the norms of which should: a) determine the powers and procedures of this judicial body; b) contain a criminal definition of the concepts of “criminal organization”, “crime against peace”, “war crime” and “crime against humanity”; c) provide procedural guarantees for the defendants and their defenders; d) to fix the provision according to which the official position of the defendant (be it the head of state or another responsible state official) is not a basis for exemption from liability or mitigation of punishment, etc.; • in the process of working on the Statute of the Ministry of Internal Affairs, the doctrine of due (supervisory) law was widely applied in it, which, unlike what exists, is based on such immanent properties of a person’s spiritual being as justice and freedom of spirit, morality and common sense, etc. The originality of supervisory right is also manifested in the fact that it is free from any whatever the external definitions and directives, it is not burdened with political and ideological dogmas; • by its nature, the Charter of the Nuremberg Tribunal is not a normative legal act in the traditional sense of the term, but a special international prescriptive act with the force of law, adopted on August 8, 1945 by representatives of the heads of government of the USSR, the USA, Great Britain and France in the form of an annex to the London Agreement “On the Prosecution and Punishment of the main War Criminals of European Countries axes”; • in the verdict of the International Military Tribunal, for the first time at the global level, legal entities were recognized as the subject of crimes against peace, war crimes and crimes against humanity – the Elite Guard (SS), the Security Service (SD), the Secret State Police (Gestapo) and the National Socialist Workers’ Party of Germany (NSRPG). At the same time, not all crimes committed by high-ranking officials and institutions of Nazi Germany during the Second World War were reflected or properly assessed in it; • the expectations of the world community from the Nuremberg Trials were only partially justified, since in those years many in the world believed that all Nazi criminals should be put to death without trial. Only the firm position of the USSR and its insistent demands to the allied powers about the need to bring them to trial prevented further extrajudicial reprisals against them; • the International Military Tribunal in Nuremberg cannot be regarded as a “court of victors” over the defeated. It should be perceived as a unique judicial and legal phenomenon in the history of mankind - Transitional Justice at a critical stage in the modern history of mankind.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

Abstract SYNTHESIS OF THE FIRST INTERNATIONAL SYMPOSIUM FOR RESEARCH IN COMPARATIVE CRIMINOLOGY Introduction At the beginning of the development of the social sciences there was a considerable vogue for comparative research. A long period of empirical studies and almost total preoccupation with methodological problems followed. Once again, however, psychology, political science, sociology, and above all anthropology, have taken up the thread of this tradition, and the bibliography in these fields is becoming ever more abundant. The study of deviance, of various manifestations of criminality, and of social reaction against crime are, however, noticeably missing in the picture, even though there is nothing in the nature of criminology which precludes the development of comparative research. To many research workers in criminology, the time seemed ripe to take up the comparative tradition once again. Two imperatives were considered : the generalization of norms of deviance which are tied to the standard of living set by industrial civilization, thus putting the problem of criminality in a global light ; and, second, the development and standardization of methods of studying these phenomena, drawing on the experience of allied disciplines. The response of the participants in this Symposium and the results of their discussions were not unexpected. A consensus was arrived as to the problems it was thought important to study, and agreement was reached about the strategies of research to be undertaken. Priorities, however, were not established since too much depends on the availability of research teams, funds, etc. But the broad, overall look at the main problems in comparative criminology will, hopefully, open a new chapter in the history of crimino-logical research and in our continuing search for knowledge of man and society. The brief resume which follows should give the reader an idea of the extent of the problems tackled. The detailed proceedings of the Symposium will be published at a later date, in mimeographed form. Sectors of research proposed In a sense, this Symposium was prepared by all the participants. The organizers had requested that each person invited prepare a memorandum setting out the problems in comparative criminology which he considered to be most important. The compilation of their replies, reported to the plenary session at the opening of the Symposium, produced the following results : Summary of suggestions for research activities Note : In all that follows, it should be understood that all of these topics should be studied in a cross-cultural or international context. 1) Definitions and concepts : a) Social vs legal concept of deviance ; b) Distinction between political and criminal crimes ; c) The law : a moral imperative or a simple norm ; d) The concepts used in penal law : how adequate ? e.g. personality of criminal ; e) Who are the sinners in different cultures and at different times. 2) Procedures : a) Working concepts of criminal law and procedure ; b) Differentiating between factors relating to the liability-finding process and the sentencing process ; c) Behavioural manifestations of the administration of criminal justice ; d) Judicial decisions as related to the personality of the judges and of the accused ; e) Sentencing in the cross-national context (2 proposals) ; f) In developing countries, the gap between development of the legal apparatus and social behaviour ; g) Determination of liability ; h) The problem of definition and handling of dangerous offenders ; i) Decision-making by the sentencing judges, etc. (2 proposals) ; ;) Medical vs penal committals ; k) Law-enforcement, policing. 3) Personnel : a) Professionalization in career patterns ; b) Criteria for personnel selection ; c) Greater use of female personnel. 4) Causation. Situations related to criminality : a) How international relations and other external factors affect crime ; 6) Hierarchy of causes of crime ; c) Migrants. Minorities in general ; d) Relation to socio-economic development in different countries ; e) A biological approach to criminal subcultures, constitutional types, twin studies, etc. ; f) Cultural and social approach : norms of moral judgment, ideals presented to the young, etc. ; g) Effect of social change : crime in developing countries, etc. (6 proposals) ; h) Effects of mass media, rapid dissemination of patterns of deviant behaviour (2 proposals). 5) Varieties of crime and criminals : a) Traffic in drugs ; b) Prison riots ; c) Violence particularly in youth (7 proposals) ; d) Dangerousness ; e) Relation to the rights of man (including rights of deviants); f) Female crime (2 proposals) ; g) Prostitution ; i) The mentally ill offender ; ;) Cultural variations in types of crime ; k) Organized crime ; /) Use of firearms ; m) Gambling ; n) Victims and victimology. 6) Treatment : evaluation : a) Social re-adaptation of offenders ; b) Statistical research on corrections, with possible computerization of data ; c) Comparisons between prisons and other closed environments ; d) Extra-legal consequences of deprivation of liberty ; e) Rehabilitation in developing countries ; f ) Criteria for evaluation of programs of correction ; g) Biochemical treatment (2 proposals) ; i) Differential treatment of different types of offense. Evaluation ; /) Prisons as agencies of treatment ; k) Effects of different degrees of restriction of liberty ; /) Environments of correctional institutions ; m) Study of prison societies ; n) Crime as related to the total social system. 7) Research methodology : a) Publication of what is known regarding methodology ; b) Methods of research ; c) Culturally-comparable vs culturally-contrasting situations ; d) Development of a new clearer terminology to facilitate communication ; e) Actual social validity of the penal law. 8) Statistics : epidemiology : a) Need for comparable international statistics ; standardized criteria (3 proposals) ; b) Difficulties. Criminologists must collect the data themselves. 9) Training of research workers : Recruiting and training of « com-paratists ». 10) Machinery : Committee of co-ordination. Discussions The discussions at the Symposium were based on these suggestions, the main concentration falling on problems of manifestations of violence in the world today, the phenomenon of student contestation, and on human rights and the corresponding responsibilities attached thereto. Although the participants did not come to definite conclusions as to the respective merits of the problems submitted for consideration, they did discuss the conditions under which comparative studies of these problems should be approached, the techniques appropriate to obtaining valid results, and the limitations on this type or work. Four workshops were established and studied the various problems. The first tackled the problems of the definition of the criteria of « danger » represented by different type of criminals ; the problem of discovering whether the value system which underlies the Human Rights Declaration corresponds to the value system of today's youth; the problem of the treatment of criminals ; of female criminality ; and, finally, of violence in the form of individual and group manifestations. The second workshop devoted its main consideration to the revolt of youth and to organized crime, also proposing that an international instrument bank of documentation and information be established. The third workshop considered problems of theory : how the police and the public view the criminal ; the opportunity of making trans-cultural comparisons on such subjects as arrest, prison, etc. ; and the role of the media of information in the construction of value systems. The fourth workshop blazed a trail in the matter of methodology appropriate to research in comparative criminology. The period of discussions which followed the report of the four workshops gave rise to a confrontation between two schools of thought within the group of specialists. The question arose as to whether the problem of student contestation falls within the scope of the science of criminology. Several experts expressed the opinion that criminologists ought not to concern themselves with a question which really belongs in the realm of political science. On the other hand, the majority of the participants appeared to feel that the phenomenon of student contestation did indeed belong in the framework of criminological research. One of the experts in particular took it upon himself to be the spokesman of this school of thought. There are those, he said, who feel that criminology should confine itself and its research to known criminality, to hold-ups, rape, etc. However, one should not forget that penal law rests on political foundations, the legality of power, a certain moral consensus of the population. Today, it is exactly this « legitimate » authority that is being contested. Is it not to be expected, therefore, that criminology should show interest in all sociological phenomena which have legal and criminal implications ? Contestation and violence have consequences for the political foundations of penal law, and therefore are fit subjects for the research of the criminologist. International Centre {or Comparative Criminology The First International Symposium for Research in Comparative Criminology situated itself and its discussions within the framework and in the perspectives opened by the founding of the International Centre for Comparative Criminology. The Centre is sponsored jointly by the University of Montreal and the International Society for Criminology, with headquarters at the University of Montreal. As one of the participants emphasized, criminologists need a place to retreat from the daily struggle, to meditate, to seek out and propose instruments of research valid for the study of problems common to several societies. Viewing the facts as scientists, we are looking for operational concepts. Theoreticians and research workers will rough out the material and, hopefully, this will inspire conferences and symposiums of practitioners, jurists, sociologists, penologists, and other specialists. Above all, it will give common access to international experience, something which is lacking at present both at the level of documentation and of action. A bank of instruments of method- ology in the field of comparative criminology does not exist at the present time. The Centre will undertake to compile and analyse research methods used in scientific surveys, and it will establish such an instrument bank. It will also gather and analyse information pertaining to legislative reforms now in progress or being contemplated in the field of criminal justice. Through the use of computers, the Centre will be able to put these two projects into effect and make the results easily accessible to research workers, and to all those concerned in this field. The participants at the Symposium were given a view of the extent of the problems envisaged for research by the future Centre. It is hoped that this initiative will be of concrete use to research workers, private organizations, public services and governments at many levels, and in many countries.

APA, Harvard, Vancouver, ISO, and other styles

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

This study evaluates faculty efforts to accommodate graduate students in the Tarleton State University Masters of Public Administration and Masters of Criminal Justice programs called away from classes in the first weeks of the 2017 academic year as disaster responders called into duty by Hurricane Harvey. The evaluation employed a theoretical process map to track each case (student class experience) through action steps and corresponding variables related to implementation and intervention. The analysis found that although accommodations (e.g., flexible due dates, condensed content, and self-paced learning) worked in every case, only 77% of cases used them. The omission of use in the other 23% cases was due to implementation error, a lack of awareness regarding student needs, and a bilateral failure of initiative where faculty failed to offer solutions and students to request them. It concludes with ways in which faculty can remedy this by raising awareness and taking the initiative themselves.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

AbstractNormative theories of law conceive the courtroom as a geometrically delineated, politically neutral, and linguistically transparent space designed for a fair and orderly administration of justice. The trial, the most legalistic of all legal acts, is widely regarded as a site of truth and justice elevated above and beyond the expediency of ideology and politics. These conceptions are further underpinned by certain normative understandings of sovereignty, the subject, and politics where sovereignty is conceived as self-instituting and self-limiting; the subject is understood as an autonomous and rational being capable of self-consciousness and self-representation; and politics is posited as the exercise of reason in the public sphere. In this article, I argue that such a normative conceptualization of the criminal trial and the courtroom not only ignores structures of power and privilege that produce inequalities but also forecloses possibilities for transformative judicial praxis. Drawing on the 1969–1970 trial of eight radical activists accused of conspiring to incite a riot at the 1968 Democratic National Convention in Chicago, the article argues for a performative re-conceptualization of sovereignty, the subject, and the law as indeterminate, unpredictable, and open-ended discursive formations. The article demonstrates how the accused, working with and against legal doctrines, norms, and discourses, rethought normative conceptions of sovereignty, law, and subjectivity as contingent power-knowledge constellations that are open, unpredictable, and un-closable.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

The article reveals the role of the prosecutor's office of Ukraine in the process and in order to ensure guarantees of the independence of judges and the authority of the judiciary. A study of the legislative framework of Ukraine proves that the role of the prosecutor's office in the process of ensuring guarantees of the independence of judges and the authority of justice is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Prosecutor's Office», the Law of Ukraine «On the Judicial System and the Status of Judges», the Code of Professional Ethics and Conduct of Prosecutors, the Criminal Procedure Code Of Ukraine, the Criminal Code of Ukraine, as well as other regulatory documents. It was found that the judge, performing professional activities in the direction of the administration of justice, is independent of the various influences, pressure or interference, which are illegal. The legislation of Ukraine determines that the principle of the independence of the judge indicates that the judge is not obliged to provide explanations regarding the nature and content of the cases being pending, with the exception of cases established by law. State authorities, local self- government bodies, officials and officials of these bodies, individuals and legal entities and associations of such persons should respect the independence of judges and in no case should encroach on it. It was determined that one of the principles on the basis of which the professional activities of the prosecution authorities are based is the principle of respect for the independence of judges. It has been proved that the High Council of Justice always adheres to the position of unconditionally ensuring the independence of judges and establishing this direction as a priority type of activity for law enforcement agencies, in particular, for the prosecutor's office. Fast and quality investigation of crimes related to the professional activities of judges will, first of all, contribute to the observance of constitutional law regarding the principle of access to justice.. It is noted that the prospects for further research in this direction are the study of the legal basis for the observance of the principle of the rule of law and legality by the judiciary in the context of performing professional activities.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

The Arab uprisings of 2010-2011 generated a growing movement for change among the judicial corps throughout the Arab world. Judges and prosecutors created independent associations in Morocco, Mauritania, Yemen, Libya, Lebanon, and Tunisia to represent their interests and promote a better administration of justice. Since the March Revolution of 2011 in Syria, members of the judiciary also attempted to create their own association, but failed to do so. This article briefly outlines the demographics of the judicial corps after ten years of conflict in Syria. A noticeable change is the increase in the number of women in the judiciary and their promotion to positions of power. How have women judges and prosecutors used the greater authority granted to them? To the advantage of the regime, as a means for self-promotion or to better defend the rights of all? The second part of the article details the progressive disempowerment of the judiciary, the expansion of the criminal justice system and the creation of the Counterterrorism Court used by the regime to quash the popular uprising. In the final section, stories of off-bench resistance highlight efforts made by judges and prosecutors to defend their judicial autonomy and the basic human rights and freedoms of all Syrians.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

PurposeThe focus of this study is to examine Indian police officers' punitiveness toward violators of criminal sanctions attached to COVID-19 mitigation laws enacted by the Indian Penal Code. The authors draw from the conceptual frameworks and correlates typically employed in traditional crime and justice research and adapt them to the context of the pandemic. Additionally, the authors examine whether officers' punitive attitudes are related to their belief in self-legitimacy and their job assignment (civilian vs. armed personnel) in a country with inherited colonial policing legacies.Design/methodology/approachData for the study came from 1,323 police officers in a northern state of India.FindingsFindings suggest that officers with vicarious fear of COVID-19 infections (e.g. infection of family members) find the sanctions associated with the new laws harsh. Additionally, officers who subscribe to the classical attributions of offenders feel that the laws are not punitive enough. In contrast, those with deterministic views perceive the sanctions as excessively harsh. Findings also suggest that officers' self-legitimacy, and belief in the authority and responsibility vested in them, is a key predictor of their punitive attitudes. Finally, officers assigned to police lines are more punitive than those designated to patrol/traffic work.Research limitations/implicationsData or prior research on officers' punitive attitudes toward other violations (non-COVID-19 violations) is unavailable for comparison with this study’s findings.Originality/valueNo prior research has examined the relationship between police officers' perceptions of self-legitimacy, their belief in the authority vested in them by the state, their belief in their role as police officers and their relationship to their punitive attitudes.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

Corruption is the most widespread endemic and a greatest threat to economic and political development of any nation. Given the high level of corruption in India, this phenomenon has turned into a cankerworm that has eaten deep into the fabrics of our system. In recent times, the issue is receiving attention of authorities, policy makers, businessmen and civil society organizations. In other words, fight against corruption has emerged as a key developmental issue. As such, this study is an attempt to delve into the current status of corruption in India with a focus on issues and challenges in combating corruption. During the discussion, the authors found that the major scams committed in India since 2009 are a direct result of deficit in governance. This paper also found that lack of competent leadership and management, inherent delays in criminal justice system, hostile witnesses marked with lack of values as key challenges in eliminating corruption. To ensure a corruption free society, the authors strongly suggest simplification of office processes and procedures, filling up of judicial vacancies, civil participation for necessary buy-in and inclusion of private sector under anti-corruption laws, besides strengthening and empowering anti-corruption agencies. To sum up, it is argued that good administration is possible only when corruption is eliminated from society. Individuals who are currently garnering the most attention, such as corrupt politicians, businesspeople, and judges, should be socially shunned and barred from serving in our holy, self-governing country. To accomplish these desired social changes, enacting strong legislation with severe penalties and its rigorous execution is the need of the hour. The study is expected to contribute to the ongoing debate on the link between corruption and anti-corruption campaign, as well as the formation of a broad political consensus on how to deal with it in the future.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

This article argues for the inclusion of alternative dispute resolution (ADR) into the criminal justice administration of South Africa, which will ultimately result in the comprehensive legal transformation of the country’s justice system. Non-traditional dispute resolution processes, which fall within the context of ADR, are globally accepted and have been implemented in different dispute contestations. The argument whether ADR should be applied in a criminal justice context, poses normative questions concerning the function of the justice system, and sociological questions concerning the nature of criminals and crimes. Crime rates in South Africa are high and the criminal justice system may be unable to cope with the floodgates of formal litigation. In this context the article argues for the integration of ADR into the South African criminal justice system. Two major research problems are addressed through reviewing existing literature and doing desktop research. The first aspect concerns the integration of ADR into the South African criminal justice system with a view to effecting law reforms. Second, the question regarding the roles of traditional rulers in resolving criminal disputes is explored. The conclusions reached relate to the need for law reformation in South Africa, particularly in respect of the integration of ADR into criminal jurisprudence, in order to become aligned with other jurisdictions the world over.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

Purpose Gaslighting a form of abusive manipulation both emotional and psychological is a growing phenomenon in recent times. However, as of yet, there is a scarcity of a valid and reliable instrument which can measure the severity of gaslighting in victims of interpersonal relationships abuse. The purpose of this study is the development of an instrument which can effectively measure gaslighting in victims and is psychometrically reliable and valid. Design/methodology/approach Since the aim of the study was the development of a scale first a sample of eight women who were victims of domestic abuse was taken for the focus group. Afterwards using purposive sampling a sample of 20 women for the pilot study and a sample of 150 women for the main study was taken with age range 18–40 (M = 23.38, S.D = 4.03). For the development of scale theoretical basis along with a focus group was conducted to establish an item pool. Afterwards, subject matter experts helped in establishing contend validity followed by Velicer’s minimum average partial (MAP) method and maximum likelihood factor analysis (FA) was performed for the establishment of the factorial structure of the instrument. Findings Velicer’s MAP method and Maximum Likelihood FA suggested two factor structures including peer disagreement and loss of self-trust. Instrument displayed high alpha reliability of α = 0.934, with α = 0.927 and α = 0.854, for the subscale, respectively. Research limitations/implications Though all necessary steps were taken to minimize the limitations of the present study, however, some limitations do exist which needs to be addressed. The foremost limitation of the present scale is that it is being developed with only a female sample, however, the inclusion of a male sample in future studies can help in identifying whether men also are victims of gaslighting from peers and other family members or not. The second limitation is of validity though necessary validities have been established future studies should study on establishing further validities to further refine the instrument. Additionally, the scale has only been validated and tested on female samples future studies should be conducted on other specific groups or samples to develop norms. Moreover, testing the scale on other cultures could also help in establishing cross cultural validation of the instrument. Finally, though the scale assumes a higher level of scores suggests a higher level of victimization, a proper cutoff score can help in further identifying proper victims from the normal level of gaslighting. Practical implications The present instrument has its applicability in several domains the most important being in the criminal justice system as gaslighting comes under gaslighting and even in the UK is considered as a criminal offense. This instrument can help in determining the severity of gaslighting in victims. Likewise, it can be used in clinical settings for psychologists to identify possible cases of gaslighting victims which can enable them to provide specific help and treatment for them. Moreover, researchers can also benefit from the instrument as it can enable them to explore gaslighting with other possible variables which can help them explore the concept of gaslighting even further. Originality/value This paper is a novel study and has been completed with the purpose of evaluating the effects of gaslighting in victims of interpersonal relationships abuse as the earlier measures are either not psychometrically valid or cannot be generalized to a wider population. The present established scale is an effort to construct an instrument that can be used worldwide.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

The article reveals the requirements for the incompatibility of the position of a judge with other activities in the comparative constitutional and legal aspect. It is determined that the requirements for incompatibility of a judge's position with other activities in Ukraine are regulated by the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges», the Law of Ukraine «On Purification of Power», the Convention for the Protection of Human Rights and Fundamental Freedoms, Rules of Court adopted by the Council of Europe and the European Court of Human Rights, the Rome Statute of the International Criminal Court, the General (Universal) Charter of Judges. It is established that the legislative and constitutional requirements for judges stipulate that judges must meet high moral, ethical and professional standards. It has been established that persons may not engage in administrative, political or professional activities during their tenure as judges, which is incompatible with their impartiality, independence or the requirements for permanent performance of their duties. It is determined that while in the position of a judge, it is not allowed to engage in other activities, in particular, to carry out activities in other public authorities, local governments or activities related to the representative mandate. It has been proved that a judge cannot combine the activities defined by the position of a judge with advocacy and business activities. It was found that judges are prohibited by law from holding paid positions and performing paid work, except for teaching, research or creative work. It is established that a judge has no right to be a member of the governing of the body or supervisory board of an enterprise or organization whose main purpose is to make a profit. It is determined that a judge has no right to belong to a political party or trade union, as well as to show support for such a party or union. It has been proven that judges are prohibited from participating in election campaigns, political rallies, rallies or strikes. It was found that the judge is obliged to comply with the requirements for incompatibility established by the legislation of Ukraine in the direction of preventing and combating corruption. It is determined that a judge has the right to activities related to the administration of justice, to participate in judicial self-government, to membership in national or international associations, as well as in other organizations that operate to protect the interests of judges, increase the authority of the judiciary, in society or for the development of legal science and profession, for the formation of public associations, as well as for participation in the activities of such associations in order to protect their rights and interests, as well as to improve the level of professionalism and skills. It is proposed, in the future of the following studies, to reveal the grounds for dismissing a judge from office in a comparative constitutional and legal aspect.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

Recent processes in Ukrainian society have an extremely negative impact on the formation of the younger generation and often become a factor in the commission of offenses. Juvenile delinquency is a kind of reflection of the general situation in the country and an indicator of the level of morality of society. On the one hand, it is a derivative, and on the other - an integral part ofsociety. The article considers and analyzes the practice of criminal punishment of juveniles who committed criminal offenses in Ukraine in 2005-2020 on the basis of relevantreports of the State Judicial Administration of Ukraine. It is established that during 2005–2020 there was a tendency of predominant decrease in the number of minors whose sentences (resolutions) came into force due to the deterioration of the situation in Ukraine with the detection of crimes and, accordingly, a decrease in the number of detected criminals, including minors. The article examines two large groups of convicted juveniles: persons who have been subjected to various measures of punishment, and those who have been released from punishment; the distribution of juveniles by the type of the main punishment imposed on them during the analyzed period is analyzed. It was found that the main type of criminal punishment of juveniles in Ukraine for most of the period under consideration was imprisonment for a certain period, ie forced isolation of a juvenile convict and his placement for a certain period in a special institution - an educational colony. The authors conclude that one of the problems of juvenile justice is the limited type of punishment that can be applied by courts, especially for persons aged 14-16. Therefore, it is possible to ensure the principle of individualization of punishment only if the range of types of punishment that can be applied to juveniles is expanded.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

From the mid-twentieth century, state and public conceptions of deviance and crime control have turned increasingly punitive (Hallett 115; Hutchinson 138). In a Western context, criminal justice has long been retributive, prioritising punishment over rehabilitation (Wenzel et al. 26). Within that context, there has been an increase in punitiveness—understood here as a measure of a punishment’s severity—the intention of which has been to help restore the moral imbalance created by offending while also deterring future crime (Wenzel et al. 26). Entangled with the global spread of neoliberal capitalism, punitiveness has become internationally pervasive to a near-hegemonic degree (Sparks qtd. in Jennings et al. 463; Unnever and Cullen 100).The punitive turn has troubling characteristics. Punitive policies can be expensive, and increased incarceration stresses the criminal justice system and leads to prison overcrowding (Hutchinson 135). Further, punitiveness is not only applied unequally across categories such as class, race, and age (Unnever and Cullen 105-06; Wacquant 212) but the effectiveness of punitive policy relative to its costs is contested (Bouffard et al. 466, 477; Hutchinson 139). Despite this, evidence suggests public demand is driving punitive policymaking, but that demand is only weakly related to crime rates (Jennings et al. 463).While discussion of punitiveness in the public sphere often focuses on measures such as boot camps for young offenders, increased incarceration, and longer prison sentences, punitiveness also has a darker side. Our research analysing discussion taking place on a large, regional, crime-focused online forum reveals a startling degree and intensity of violence directed at offenders and related groups. Members of the discussion forum do propose unsurprising measures such as incarceration and boot camps, but also an array of violent alternatives, including beating, shooting, dismemberment, and conversion into animal food. This article draws on our research to explore why discussion of punitiveness can be so intensely violent.Our research applies thematic analysis to seven discussion threads posted to a large regional online forum focused on crime, made between September and November 2017. One discussion thread per week of the study period was purposively sampled based on relevance to the topic of punitiveness, ultimately yielding 1200 individual comments. Those comments were coded, and the data and codes were reiteratively analysed to produce categories, then basic, organising, and global themes. We intended to uncover themes in group discussion most salient to punitiveness to gain insight into how punitive social interactions unfold and how those who demand punitiveness understand their interactions and experiences of crime. We argue that, in this online forum, the global theme—the most salient concept related to punitiveness—is a “subaltern citizenship”. Here, a clear division emerges from the data, where the group members perceive themselves as “us”—legitimate citizens with all attendant rights—in opposition to an external “them”, a besieging group of diverse, marginalised Others who have illegitimately usurped certain rights and who victimise citizens. Group members often deride the state as too weak and untrustworthy to stop this victimisation. Ironically, the external Others perceived by the group to hold power are themselves genuinely marginalised, though the group does not recognise or see that form of marginalisation as legitimate. In this essay, to preserve the anonymity of the forum and its members, we refer to them only as “the Forum”, located in “the City”, and refrain from direct quotes except for commonly used words or phrases that do not identify individuals.It is also important to note that the research described here deliberately focused on a specific group in a specific space who were concerned about specific groups of offenders. Findings and discussion, and the views on punitiveness described, cannot be generalised to the broader community. Nor do we suggest these views can be considered representative of all Forum members as we present here only a limited analysis of some violent discourse emerging from our research. Likewise, while our discussion often centres on youth and other marginalised groups in the context of offending, we do not intend to imply that offending is a characteristic of these groups.Legitimate CitizenshipCommonly, citizenship is seen as a conferred status denoting full and equal community membership and the rights and responsibilities dictated by community values and norms (Lister 28-29). Western citizenship norms are informed by neoliberal capitalist values: individual responsibility, an obligation to be in paid employment, participation in economic consumption, the sanctity of ownership, and that the principal role of government is to defend the conditions under which these norms can freely thrive (Walsh 861-62). While norms are shaped by laws and policy frameworks, they are not imposed coercively or always deployed consciously. These norms exist as shared behavioural expectations reproduced through social interaction and embodied as “common sense” (Kotzian 59). As much as Western democracies tend to a universalist representation of one, undifferentiated citizenship, it is clear that gender, race, sexual orientation, religion, ethnicity, and migrant status all exist in different relationships to citizenship as an identity category. Glass ceilings, stolen generations, same-sex marriage debates, and Australian Government proposals to strip citizenship from certain types of criminal offender all demonstrate that the lived experience of norms surrounding citizenship is profoundly unequal for some (Staeheli et al. 629-30). An individual’s citizenship status, therefore, more accurately exists on a spectrum between legitimacy—full community membership, possessing all rights and living up to all associated responsibilities—and illegitimacy—diminished membership, with contested rights and questionable fulfilment of associated responsibilities—depending on the extent of their deviation from societal norms.Discussing punitiveness, Forum members position themselves as “us”, that is, legitimate citizens. Words such as “we” and “us” are used as synonyms for society and for those whose behaviours are “normal” or “acceptable”. Groups associated with offending are described as “they”, “them”, and their behaviours are “not normal”, “disgusting”, “feral”, and merit the removal of “them” from civilisation, usually to “the middle of nowhere” or “the Outback”. Possession of legitimate citizenship is implicit in assuming authority over what is normal and who should be exiled for failing the standard.Another implicit assumption discernible in the data is that Forum members perceive the “normal we” as good neoliberal citizens. “We” work hard, own homes and cars, and take individual responsibility. There is a strong imputation of welfare dependency among offenders, the poor, and other suspect groups. Offending is presented as something curable by stripping offenders or their parents of welfare payments. Members earn their status as legitimate citizens by adhering to the norms of neoliberal citizenship in opposition to potential offenders to whom the benefits of citizenship are simply doled out.Forum members also frame their citizenship as legitimate by asserting ownership over community spaces and resources. This can be seen in their talking as if they, their sympathetic audience, and “the City” are the same (for example, declaring that “the City” demands harsher punishments for juvenile offenders). There are also calls to “take back” the streets, the City, and Australia from groups associated with offending. That a space can and should be “taken back” implies a pre-existing state of control interrupted by those who have no right to ownership. At its most extreme, the assertion of ownership extends to a conviction that members have the right to position offenders as enemies of the state and request that the army, the ultimate tool of legitimate state violence, be turned against them if governments and the criminal justice system are too “weak” or “soft” to constrain them.The Illegitimate OtherThroughout the data, perceived offenders are spoken of with scorn and hatred. “Perceived offenders” may include offenders and their family, youths, Indigenous people, and people of low socioeconomic status, and these marginalised groups are referenced so interchangeably it can be difficult to determine which is being discussed.Commenting on four “atsi [sic] kids” who assaulted an elderly man, group members asserted “they” should be shot like dogs. The original text gives no antecedents to indicate whether “they” is meant to indicate youths, Indigenous youths, or offenders in general. However, Australia has a colonial history of conflating crime and indigeneity and shooting Indigenous people to preserve white social order (Hill and Dawes 310, 312), a consequence of the tendency of white people to imagine criminals as black (Unnever and Cullen 106). It must be noted that the racial identity of individual Forum members is unknown. This does constitute a limitation in the original study, as identity categories such as race and class intersect and manifest in social interactions in complex ways. However, that does not prevent analysis of the text itself.In the Forum’s discursive space, “they” is used to denote offenders, Indigenous youths, youths, or the poor interchangeably, as if they were all a hom*ogeneous, mutually synonymous “Other”. Collectively, these groups are represented as so generally hopeless that they are imagined as choosing to offend so they will be sentenced to the comforts of “holiday camp” prisons where they can access luxuries otherwise beyond their reach: freedom from addicted parents, medical care, food, television, and computers. A common argument, that crime is an individual choice, is often based on the idea that prison is a better option for the poor than going home. As a result, offending by marginalised offenders is reconstructed as a rational choice or a failure of individual responsibility rather than a consequence of structural inequality.Further, parents of those in suspect populations are blamed for intergenerational maintenance of criminality. They are described as too drunk or drugged to care, too unskilled in parenting due to their presumed dreadful upbringing, or too busy enjoying their welfare payments to meet their responsibility to control their children or teach them the values and skills of citizenship. Comments imply parents probably participated in their children’s crimes even when no evidence suggests that possibility and that some groups simply cannot be trusted to raise disciplined children owing to their inherent moral and economic dissipation. That is, not just offenders but entire groups are deemed illegitimate, willing to enjoy benefits of citizenship such as welfare payments but unwilling or unable to earn them by engaging with the associated responsibilities. This is a frequent argument for why they deserve severely punitive punishment for deviance.However, the construction of the Other as illegitimate in Forum discussions reaches far beyond imagining them as lacking normative skills and values. The violence present on the Forum is startling in its intensity. Prevalent within the data is the reduction of people to insulting nicknames. Terms used to describe people range from the sarcastic— “little darlings”—through standard abusive language such as “bastards”, “sh*ts”, “dickhe*ds”, “lowlifes”, to dehumanising epithets such as “maggots”, “scum”, and “subhuman arsewipes”. Individually and collectively, “they” are relentlessly framed as less than human and even less than animals. They are “mongrels” and “vermin”. In groups, they are “packs”, and they deserve to be “hunted” or just shot from helicopters. They are unworthy of life. “Oxygen thieves” is a repeated epithet, as is the idea that they should be dropped out at sea to drown. Other suggestions for punishment include firing squads, lethal injections, and feeding them to animals.It is difficult to imagine a more definitive denial of legitimacy than discursively stripping individuals and groups of their humanity (their most fundamental status) and their right to existence (their most fundamental right as living beings). The Forum comes perilously close to casting the Other as Agamben’s hom*o sacer, humans who live in a “state of exception”, subject to the state’s power but excluded from the law’s protection and able to be killed without consequence (Lechte and Newman 524). While it would be hyperbole to push this comparison too far—given Agamben had concentration camps in mind—the state of exception as a means of both excluding a group from society and exercising control over its life does resonate here.Themes Underlying PunitivenessOur findings indicate the theme most salient to punitive discussion is citizenship, rooted in persistent concerns over who is perceived to have it, who is not, and what should be done about those Others whose deviance renders their citizenship less legitimate. Citizenship norms—real or aspirational—of society’s dominant groups constitute the standards by which Forum members judge their experiences of and with crime, perceived offenders, the criminal justice system, and the state. However, Forum members do not claim a straightforward belonging to and sharing in the maintenance of the polity. Analysis of the data suggests Forum members consider their legitimate citizenship tainted by external forces such as politics, untrustworthy authorities and institutions, and the unconstrained excess of the illegitimate Other. That is, they perceive their citizenship to be simultaneously legitimate and undeservedly subaltern.According to Gramsci, subaltern populations are subordinate to dominant groups in political and civil society, lulled by hegemonic norms to cooperate in their own oppression (Green 2). Civil society supports the authority of political society and, in return, political society uses the law and criminal justice system to safeguard civil society’s interests against unruly subalterns (Green 7). Rights and responsibilities of citizenship reside within the mutual relationship between political and civil society. Subalternity, by definition, exists outside this relationship, or with limited access to it.Forum members position themselves as citizens within civil society. They lay emphatic claim to fulfilling their responsibilities as neoliberal citizens. However, they perceive themselves to be denied the commensurate rights: they cannot rely on the criminal justice system to protect them from the illegitimate Other. The courts are “soft”, and prisons are “camps” with “revolving doors”. Authorities pamper offenders while doing nothing to stop them from hurting their victims. Human rights are viewed as an imposition by the UN or as policy flowing from a political sphere lacking integrity and dominated by “do gooders”. Rights are reserved only for offenders. Legitimate citizens no longer even have the right to defend themselves. The perceived result is a transfer of rights from legitimate to illegitimate, from deserving to undeserving. This process elides from view the actual subalterns of Australian society—here, most particularly Indigenous people and the socioeconomically vulnerable—and reconstructs them as oppressors of the dominant group, who are reframed as legitimate citizens unjustly made subaltern.The Violence in PunitivenessOn the Forum, as in the broader world, a sense of “white victimisation”—the view, unsupported by history or evidence, that whites are an oppressed people within a structure systematically doling out advantage to minorities (King 89)—is a recurrent legitimising argument for punitiveness and vigilantism. Amid the shrinking social safety nets and employment precarity of neoliberal capitalism, competitiveness increases, and white identity forms around perceived threats to power and status incurred by “losing out” to minorities (Sacks and Lindholm 131). One 2011 study finds a majority of white US citizens believe themselves subject to more racism than black people (King 89). However, these assumptions of whiteness tend to be spared critical examination because, in white-dominated societies, whiteness is the common-sense norm in opposition to which other racial categories are defined (Petray and Collin 2). When whiteness is made the focus of critical questioning, white identities gain salience and imaginings of the “dark other” and besieged white virtues intensify (Bonilla-Silva et al. 232).With respect to feelings of punitiveness, Unnever and Cullen (118-19) find that the social cause for punitiveness in the United States is hostility towards other races, that harsh punishments, including the death penalty, are demanded and accepted by the dominant group because they are perceived to mostly injure “people they do not like” (Unnever and Cullen 119). Moreover, perception that a racial group is inherently criminal amplifies more generalised prejudices against them and diminishes the capacity of the dominant group to feel empathy for suffering inflicted upon them by the criminal justice system (Unnever and Cullen 120).While our analysis of the Forum supports these findings where they touch on crimes committed by Indigenous people, they invite a question. Why, where race is not a factor, do youths and the socioeconomically disadvantaged also inspire intensely violent punitiveness as described above? We argue that the answer relates to status. From this perspective, race becomes one of several categories of differentiation from legitimate citizenship through an ascription of low status.Wenzel, Okimoto, and Cameron (29) contend punitiveness, with respect to specific offences, varies according to the symbolic meaning the offence holds for the observer. Crimes understood as a transgression against status or power inspire a need for “revenge, punishment, and stigmatisation” (Wenzel et al. 41) and justify an increase in the punitiveness required (Wenzel et al. 29, 34). This is particularly true where an offence is deemed to make someone unfit for community membership, such that severe punishment serves as a symbolic marker of exile and a reaffirmation for the community of the violated values and norms (Wenzel et al. 41). Indeed, as noted, Forum posts regularly call for offenders to be removed from society, exiled to the outback, or shipped beyond Australia’s territorial waters.Further, Forum members’ perception of subaltern citizenship, with its assumption of legitimate citizenship as being threatened by undeserving Others, makes them view crime as implicitly a matter of status transgression. This is intensified by perception that the political sphere and criminal justice system are failing legitimate citizens, refusing even to let them defend themselves. Virulent name-calling and comparisons to animals can be understood as attempts by the group to symbolically curtail the undeservedly higher status granted to offenders by weak governments and courts. More violent demands for punishment symbolically remove offenders from citizenship, reaffirm citizen values, and vent anger at a political and criminal justice system deemed complicit, through weakness, in reducing legitimate citizens to subaltern citizens.ConclusionsIn this essay, we highlight the extreme violence we found in our analysis of an extensive online crime forum in a regional Australian city. We explore some explanations for violent public punitiveness, highlighting how members identify themselves as subaltern citizens in a battle against undeserving Others, with no support from a weak state. This analysis centres community norms and a problematic conception of citizenship as drivers of both public punitiveness and dissatisfaction with crime control policy and the criminal justice system. We highlight a real dissonance between community needs and public policy that may undermine effective policymaking. That is, evidence-based crime control policies, successful crime prevention initiatives, and falling crime rates may not increase public satisfaction with how crime is dealt with if policymakers pursue those measures without regard for how citizens experience the process.While studies such as that by Wenzel, Okimoto, and Cameron identify differences in status between legitimate citizens and offenders as amplifiers of punitiveness, we suggest the amplification may be mediated by the status relationship between legitimate citizens and authority figures within legitimate society. The offender and their crime may not contribute as much to the public’s outrage as commonly assumed. Instead, public punitiveness may predominantly arise from the perception that the political sphere, media, and criminal justice system respond to citizens’ experience of crime in ways that devalue the status of legitimate citizens. At least in the context of this regional city, this points to something other than successful crime control being integral to building more effective and satisfactory crime control policy: in this case, the need to rebuild trust between citizens and authority groups.ReferencesBonilla-Silva, Eduardo, Carla Goar, and David G. Embrick. “When Whites Flock Together: The Social Psychology of White Habitus.” Critical Sociology 32.2-3 (2006): 229–253.Bouffard, Jeff, Maisha Cooper, and Kathleen Bergseth. “The Effectiveness of Various Restorative Justice Interventions on Recidivism Outcomes among Juvenile Offenders.” Youth Violence and Juvenile Justice 15.4 (2017): 465–480.Green, Marcus. “Gramsci Cannot Speak: Presentations and Interpretations of Gramsci’s Concept of the Subaltern.” Rethinking Marxism 14.3 (2002): 1–24.Hallett, Michael. “Imagining the Global Corporate Gulag: Lessons from History and Criminological Theory.” Contemporary Justice Review 12.2 (2009): 113–127.Hill, Richard, and Glenn Dawes. “The ‘Thin White Line’: Juvenile Crime, Racialised Narrative and Vigilantism—A North Queensland Study.” Current Issues in Criminal Justice 11.3 (2000): 308–326.Hutchinson, Terry. “‘A Slap on the Wrist’? The Conservative Agenda in Queensland, Australia.” Youth Justice 15.2 (2015): 134–147.Jennings, Will, Stephen Farrall, Emily Gray, and Colin Hay. “Penal Populism and the Public Thermostat: Crime, Public Punitiveness, and Public Policy.” Governance: An International Journal of Policy, Administration, and Institutions 30.3 (2017): 463–481.King, Mike. “The ‘Knockout Game’: Moral Panic and the Politics of White Victimhood.” Race & Class 56.4 (2015): 85–94.Kotzian, Peter. “Good Governance and Norms of Citizenship: An Investigation into the System- and Individual-Level Determinants of Attachment to Civic Norms.” American Journal of Economics and Sociology 73.1 (2014): 58–83.Lechte, John, and Saul Newman. “Agamben, Arendt and Human Rights: Bearing Witness to the Human.” European Journal of Social Theory 15.4 (2012): 522–536.Lister, Ruth. “Citizenship: Towards a Feminist Synthesis.” Feminist Review 57 (1997): 28–48.Petray, Theresa L., and Rowan Collin. “Your Privilege is Trending: Confronting Whiteness on Social Media.” Social Media + Society 3.2 (2017): 1–10.Sacks, Michael A., and Marika Lindholm. “A Room without a View: Social Distance and the Structuring of Privileged Identity.” Working through Whiteness: International Perspectives. Ed. Cynthia Levine-Rasky. Albany, NY: State U of New York P, 2002. 129-151.Staeheli, Lynn A., Patricia Ehrkamp, Helga Leitner, and Caroline R. Nagel. “Dreaming the Ordinary: Daily Life and the Complex Geographies of Citizenship.” Progress in Human Geography 36.5 (2012): 628–644.Unnever, James D., and Francis T. Cullen. “The Social Sources of Americans’ Punitiveness: A Test of Three Competing Models.” Criminology 48.1 (2010): 99–129.Wacquant, Loïc. “Crafting the Neoliberal State: Workfare, Prisonfare, and Social Insecurity.” Sociological Forum 25.2 (2010): 197–220.Walsh, James P. “Quantifying Citizens: Neoliberal Restructuring and Immigrant Selection in Canada and Australia.” Citizenship Studies 15.6-7 (2011): 861–879.Wenzel, Michael, Tyler Okimoto, and Kate Cameron. “Do Retributive and Restorative Justice Processes Address Different Symbolic Concerns?” Critical Criminology 20.1 (2012): 25–44.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

Introduction Crime fiction is one of the world’s most popular genres. Indeed, it has been estimated that as many as one in every three new novels, published in English, is classified within the crime fiction category (Knight xi). These new entrants to the market are forced to jostle for space on bookstore and library shelves with reprints of classic crime novels; such works placed in, often fierce, competition against their contemporaries as well as many of their predecessors. Raymond Chandler, in his well-known essay The Simple Art of Murder, noted Ernest Hemingway’s observation that “the good writer competes only with the dead. The good detective story writer […] competes not only with all the unburied dead but with all the hosts of the living as well” (3). In fact, there are so many examples of crime fiction works that, as early as the 1920s, one of the original ‘Queens of Crime’, Dorothy L. Sayers, complained: It is impossible to keep track of all the detective-stories produced to-day [sic]. Book upon book, magazine upon magazine pour out from the Press, crammed with murders, thefts, arsons, frauds, conspiracies, problems, puzzles, mysteries, thrills, maniacs, crooks, poisoners, forgers, garrotters, police, spies, secret-service men, detectives, until it seems that half the world must be engaged in setting riddles for the other half to solve (95). Twenty years after Sayers wrote on the matter of the vast quantities of crime fiction available, W.H. Auden wrote one of the more famous essays on the genre: The Guilty Vicarage: Notes on the Detective Story, by an Addict. Auden is, perhaps, better known as a poet but his connection to the crime fiction genre is undisputed. As well as his poetic works that reference crime fiction and commentaries on crime fiction, one of Auden’s fellow poets, Cecil Day-Lewis, wrote a series of crime fiction novels under the pseudonym Nicholas Blake: the central protagonist of these novels, Nigel Strangeways, was modelled upon Auden (Scaggs 27). Interestingly, some writers whose names are now synonymous with the genre, such as Edgar Allan Poe and Raymond Chandler, established the link between poetry and crime fiction many years before the publication of The Guilty Vicarage. Edmund Wilson suggested that “reading detective stories is simply a kind of vice that, for silliness and minor harmfulness, ranks somewhere between crossword puzzles and smoking” (395). In the first line of The Guilty Vicarage, Auden supports Wilson’s claim and confesses that: “For me, as for many others, the reading of detective stories is an addiction like tobacco or alcohol” (406). This indicates that the genre is at best a trivial pursuit, at worst a pursuit that is bad for your health and is, increasingly, socially unacceptable, while Auden’s ideas around taste—high and low—are made clear when he declares that “detective stories have nothing to do with works of art” (406). The debates that surround genre and taste are many and varied. The mid-1920s was a point in time which had witnessed crime fiction writers produce some of the finest examples of fiction to ever be published and when readers and publishers were watching, with anticipation, as a new generation of crime fiction writers were readying themselves to enter what would become known as the genre’s Golden Age. At this time, R. Austin Freeman wrote that: By the critic and the professedly literary person the detective story is apt to be dismissed contemptuously as outside the pale of literature, to be conceived of as a type of work produced by half-educated and wholly incompetent writers for consumption by office boys, factory girls, and other persons devoid of culture and literary taste (7). This article responds to Auden’s essay and explores how crime fiction appeals to many different tastes: tastes that are acquired, change over time, are embraced, or kept as guilty secrets. In addition, this article will challenge Auden’s very narrow definition of crime fiction and suggest how Auden’s religious imagery, deployed to explain why many people choose to read crime fiction, can be incorporated into a broader popular discourse on punishment. This latter argument demonstrates that a taste for crime fiction and a taste for justice are inextricably intertwined. Crime Fiction: A Type For Every Taste Cathy Cole has observed that “crime novels are housed in their own section in many bookshops, separated from literary novels much as you’d keep a child with measles away from the rest of the class” (116). Times have changed. So too, have our tastes. Crime fiction, once sequestered in corners, now demands vast tracts of prime real estate in bookstores allowing readers to “make their way to the appropriate shelves, and begin to browse […] sorting through a wide variety of very different types of novels” (Malmgren 115). This is a result of the sheer size of the genre, noted above, as well as the genre’s expanding scope. Indeed, those who worked to re-invent crime fiction in the 1800s could not have envisaged the “taxonomic exuberance” (Derrida 206) of the writers who have defined crime fiction sub-genres, as well as how readers would respond by not only wanting to read crime fiction but also wanting to read many different types of crime fiction tailored to their particular tastes. To understand the demand for this diversity, it is important to reflect upon some of the appeal factors of crime fiction for readers. Many rules have been promulgated for the writers of crime fiction to follow. Ronald Knox produced a set of 10 rules in 1928. These included Rule 3 “Not more than one secret room or passage is allowable”, and Rule 10 “Twin brothers, and doubles generally, must not appear unless we have been duly prepared for them” (194–6). In the same year, S.S. Van Dine produced another list of 20 rules, which included Rule 3 “There must be no love interest: The business in hand is to bring a criminal to the bar of justice, not to bring a lovelorn couple to the hymeneal altar”, and Rule 7 “There simply must be a corpse in a detective novel, and the deader the corpse the better” (189–93). Some of these directives have been deliberately ignored or have become out-of-date over time while others continue to be followed in contemporary crime writing practice. In sharp contrast, there are no rules for reading this genre. Individuals are, generally, free to choose what, where, when, why, and how they read crime fiction. There are, however, different appeal factors for readers. The most common of these appeal factors, often described as doorways, are story, setting, character, and language. As the following passage explains: The story doorway beckons those who enjoy reading to find out what happens next. The setting doorway opens widest for readers who enjoy being immersed in an evocation of place or time. The doorway of character is for readers who enjoy looking at the world through others’ eyes. Readers who most appreciate skilful writing enter through the doorway of language (Wyatt online). These doorways draw readers to the crime fiction genre. There are stories that allow us to easily predict what will come next or make us hold our breath until the very last page, the books that we will cheerfully lend to a family member or a friend and those that we keep close to hand to re-read again and again. There are settings as diverse as country manors, exotic locations, and familiar city streets, places we have been and others that we might want to explore. There are characters such as the accidental sleuth, the hardboiled detective, and the refined police officer, amongst many others, the men and women—complete with idiosyncrasies and flaws—who we have grown to admire and trust. There is also the language that all writers, regardless of genre, depend upon to tell their tales. In crime fiction, even the most basic task of describing where the murder victim was found can range from words that convey the genteel—“The room of the tragedy” (Christie 62)—to the absurd: “There it was, jammed between a pallet load of best export boneless beef and half a tonne of spring lamb” (Maloney 1). These appeal factors indicate why readers might choose crime fiction over another genre, or choose one type of crime fiction over another. Yet such factors fail to explain what crime fiction is or adequately answer why the genre is devoured in such vast quantities. Firstly, crime fiction stories are those in which there is the committing of a crime, or at least the suspicion of a crime (Cole), and the story that unfolds revolves around the efforts of an amateur or professional detective to solve that crime (Scaggs). Secondly, crime fiction offers the reassurance of resolution, a guarantee that from “previous experience and from certain cultural conventions associated with this genre that ultimately the mystery will be fully explained” (Zunshine 122). For Auden, the definition of the crime novel was quite specific, and he argued that referring to the genre by “the vulgar definition, ‘a Whodunit’ is correct” (407). Auden went on to offer a basic formula stating that: “a murder occurs; many are suspected; all but one suspect, who is the murderer, are eliminated; the murderer is arrested or dies” (407). The idea of a formula is certainly a useful one, particularly when production demands—in terms of both quality and quantity—are so high, because the formula facilitates creators in the “rapid and efficient production of new works” (Cawelti 9). For contemporary crime fiction readers, the doorways to reading, discussed briefly above, have been cast wide open. Stories relying upon the basic crime fiction formula as a foundation can be gothic tales, clue puzzles, forensic procedurals, spy thrillers, hardboiled narratives, or violent crime narratives, amongst many others. The settings can be quiet villages or busy metropolises, landscapes that readers actually inhabit or that provide a form of affordable tourism. These stories can be set in the past, the here and now, or the future. Characters can range from Edgar Allan Poe’s C. Auguste Dupin to Dashiell Hammett’s Sam Spade, from Agatha Christie’s Miss Jane Marple to Kerry Greenwood’s Honourable Phryne Fisher. Similarly, language can come in numerous styles from the direct (even rough) words of Carter Brown to the literary prose of Peter Temple. Anything is possible, meaning everything is available to readers. For Auden—although he required a crime to be committed and expected that crime to be resolved—these doorways were only slightly ajar. For him, the story had to be a Whodunit; the setting had to be rural England, though a college setting was also considered suitable; the characters had to be “eccentric (aesthetically interesting individuals) and good (instinctively ethical)” and there needed to be a “completely satisfactory detective” (Sherlock Holmes, Inspector French, and Father Brown were identified as “satisfactory”); and the language descriptive and detailed (406, 409, 408). To illustrate this point, Auden’s concept of crime fiction has been plotted on a taxonomy, below, that traces the genre’s main developments over a period of three centuries. As can be seen, much of what is, today, taken for granted as being classified as crime fiction is completely excluded from Auden’s ideal. Figure 1: Taxonomy of Crime Fiction (Adapted from Franks, Murder 136) Crime Fiction: A Personal Journey I discovered crime fiction the summer before I started high school when I saw the film version of The Big Sleep starring Humphrey Bogart and Lauren Bacall. A few days after I had seen the film I started reading the Raymond Chandler novel of the same title, featuring his famous detective Philip Marlowe, and was transfixed by the second paragraph: The main hallway of the Sternwood place was two stories high. Over the entrance doors, which would have let in a troop of Indian elephants, there was a broad stained-glass panel showing a knight in dark armour rescuing a lady who was tied to a tree and didn’t have any clothes on but some very long and convenient hair. The knight had pushed the visor of his helmet back to be sociable, and he was fiddling with the knots on the ropes that tied the lady to the tree and not getting anywhere. I stood there and thought that if I lived in the house, I would sooner or later have to climb up there and help him. He didn’t seem to be really trying (9). John Scaggs has written that this passage indicates Marlowe is an idealised figure, a knight of romance rewritten onto the mean streets of mid-20th century Los Angeles (62); a relocation Susan Roland calls a “secular form of the divinely sanctioned knight errant on a quest for metaphysical justice” (139): my kind of guy. Like many young people I looked for adventure and escape in books, a search that was realised with Raymond Chandler and his contemporaries. On the escapism scale, these men with their stories of tough-talking detectives taking on murderers and other criminals, law enforcement officers, and the occasional femme fatale, were certainly a sharp upgrade from C.S. Lewis and the Chronicles of Narnia. After reading the works written by the pioneers of the hardboiled and roman noir traditions, I looked to other American authors such as Edgar Allan Poe who, in the mid-1800s, became the father of the modern detective story, and Thorne Smith who, in the 1920s and 1930s, produced magical realist tales with characters who often chose to dabble on the wrong side of the law. This led me to the works of British crime writers including Arthur Conan Doyle, Agatha Christie, and Dorothy L. Sayers. My personal library then became dominated by Australian writers of crime fiction, from the stories of bushrangers and convicts of the Colonial era to contemporary tales of police and private investigators. There have been various attempts to “improve” or “refine” my tastes: to convince me that serious literature is real reading and frivolous fiction is merely a distraction. Certainly, the reading of those novels, often described as classics, provide perfect combinations of beauty and brilliance. Their narratives, however, do not often result in satisfactory endings. This routinely frustrates me because, while I understand the philosophical frameworks that many writers operate within, I believe the characters of such works are too often treated unfairly in the final pages. For example, at the end of Ernest Hemingway’s A Farewell to Arms, Frederick Henry “left the hospital and walked back to the hotel in the rain” after his son is stillborn and “Mrs Henry” becomes “very ill” and dies (292–93). Another example can be found on the last page of George Orwell’s Nineteen Eighty-Four when Winston Smith “gazed up at the enormous face” and he realised that he “loved Big Brother” (311). Endings such as these provide a space for reflection about the world around us but rarely spark an immediate response of how great that world is to live in (Franks Motive). The subject matter of crime fiction does not easily facilitate fairy-tale finishes, yet, people continue to read the genre because, generally, the concluding chapter will show that justice, of some form, will be done. Punishment will be meted out to the ‘bad characters’ that have broken society’s moral or legal laws; the ‘good characters’ may experience hardships and may suffer but they will, generally, prevail. Crime Fiction: A Taste For Justice Superimposed upon Auden’s parameters around crime fiction, are his ideas of the law in the real world and how such laws are interwoven with the Christian-based system of ethics. This can be seen in Auden’s listing of three classes of crime: “(a) offenses against God and one’s neighbor or neighbors; (b) offenses against God and society; (c) offenses against God” (407). Murder, in Auden’s opinion, is a class (b) offense: for the crime fiction novel, the society reflected within the story should be one in “a state of grace, i.e., a society where there is no need of the law, no contradiction between the aesthetic individual and the ethical universal, and where murder, therefore, is the unheard-of act which precipitates a crisis” (408). Additionally, in the crime novel “as in its mirror image, the Quest for the Grail, maps (the ritual of space) and timetables (the ritual of time) are desirable. Nature should reflect its human inhabitants, i.e., it should be the Great Good Place; for the more Eden-like it is, the greater the contradiction of murder” (408). Thus, as Charles J. Rzepka notes, “according to W.H. Auden, the ‘classical’ English detective story typically re-enacts rites of scapegoating and expulsion that affirm the innocence of a community of good people supposedly ignorant of evil” (12). This premise—of good versus evil—supports Auden’s claim that the punishment of wrongdoers, particularly those who claim the “right to be omnipotent” and commit murder (409), should be swift and final: As to the murderer’s end, of the three alternatives—execution, suicide, and madness—the first is preferable; for if he commits suicide he refuses to repent, and if he goes mad he cannot repent, but if he does not repent society cannot forgive. Execution, on the other hand, is the act of atonement by which the murderer is forgiven by society (409). The unilateral endorsem*nt of state-sanctioned murder is problematic, however, because—of the main justifications for punishment: retribution; deterrence; incapacitation; and rehabilitation (Carter Snead 1245)—punishment, in this context, focuses exclusively upon retribution and deterrence, incapacitation is achieved by default, but the idea of rehabilitation is completely ignored. This, in turn, ignores how the reading of crime fiction can be incorporated into a broader popular discourse on punishment and how a taste for crime fiction and a taste for justice are inextricably intertwined. One of the ways to explore the connection between crime fiction and justice is through the lens of Emile Durkheim’s thesis on the conscience collective which proposes punishment is a process allowing for the demonstration of group norms and the strengthening of moral boundaries. David Garland, in summarising this thesis, states: So although the modern state has a near monopoly of penal violence and controls the administration of penalties, a much wider population feels itself to be involved in the process of punishment, and supplies the context of social support and valorization within which state punishment takes place (32). It is claimed here that this “much wider population” connecting with the task of punishment can be taken further. Crime fiction, above all other forms of literary production, which, for those who do not directly contribute to the maintenance of their respective legal systems, facilitates a feeling of active participation in the penalising of a variety of perpetrators: from the issuing of fines to incarceration (Franks Punishment). Crime fiction readers are therefore, temporarily at least, direct contributors to a more stable society: one that is clearly based upon right and wrong and reliant upon the conscience collective to maintain and reaffirm order. In this context, the reader is no longer alone, with only their crime fiction novel for company, but has become an active member of “a moral framework which binds individuals to each other and to its conventions and institutions” (Garland 51). This allows crime fiction, once viewed as a “vice” (Wilson 395) or an “addiction” (Auden 406), to be seen as playing a crucial role in the preservation of social mores. It has been argued “only the most literal of literary minds would dispute the claim that fictional characters help shape the way we think of ourselves, and hence help us articulate more clearly what it means to be human” (Galgut 190). Crime fiction focuses on what it means to be human, and how complex humans are, because stories of murders, and the men and women who perpetrate and solve them, comment on what drives some people to take a life and others to avenge that life which is lost and, by extension, engages with a broad community of readers around ideas of justice and punishment. It is, furthermore, argued here that the idea of the story is one of the more important doorways for crime fiction and, more specifically, the conclusions that these stories, traditionally, offer. For Auden, the ending should be one of restoration of the spirit, as he suspected that “the typical reader of detective stories is, like myself, a person who suffers from a sense of sin” (411). In this way, the “phantasy, then, which the detective story addict indulges is the phantasy of being restored to the Garden of Eden, to a state of innocence, where he may know love as love and not as the law” (412), indicating that it was not necessarily an accident that “the detective story has flourished most in predominantly Protestant countries” (408). Today, modern crime fiction is a “broad church, where talented authors raise questions and cast light on a variety of societal and other issues through the prism of an exciting, page-turning story” (Sisterson). Moreover, our tastes in crime fiction have been tempered by a growing fear of real crime, particularly murder, “a crime of unique horror” (Hitchens 200). This has seen some readers develop a taste for crime fiction that is not produced within a framework of ecclesiastical faith but is rather grounded in reliance upon those who enact punishment in both the fictional and real worlds. As P.D. James has written: [N]ot by luck or divine intervention, but by human ingenuity, human intelligence and human courage. It confirms our hope that, despite some evidence to the contrary, we live in a beneficent and moral universe in which problems can be solved by rational means and peace and order restored from communal or personal disruption and chaos (174). Dorothy L. Sayers, despite her work to legitimise crime fiction, wrote that there: “certainly does seem a possibility that the detective story will some time come to an end, simply because the public will have learnt all the tricks” (108). Of course, many readers have “learnt all the tricks”, or most of them. This does not, however, detract from the genre’s overall appeal. We have not grown bored with, or become tired of, the formula that revolves around good and evil, and justice and punishment. Quite the opposite. Our knowledge of, as well as our faith in, the genre’s “tricks” gives a level of confidence to readers who are looking for endings that punish murderers and other wrongdoers, allowing for more satisfactory conclusions than the, rather depressing, ends given to Mr. Henry and Mr. Smith by Ernest Hemingway and George Orwell noted above. Conclusion For some, the popularity of crime fiction is a curious case indeed. When Penguin and Collins published the Marsh Million—100,000 copies each of 10 Ngaio Marsh titles in 1949—the author’s relief at the success of the project was palpable when she commented that “it was pleasant to find detective fiction being discussed as a tolerable form of reading by people whose opinion one valued” (172). More recently, upon the announcement that a Miles Franklin Award would be given to Peter Temple for his crime novel Truth, John Sutherland, a former chairman of the judges for one of the world’s most famous literary awards, suggested that submitting a crime novel for the Booker Prize would be: “like putting a donkey into the Grand National”. Much like art, fashion, food, and home furnishings or any one of the innumerable fields of activity and endeavour that are subject to opinion, there will always be those within the world of fiction who claim positions as arbiters of taste. Yet reading is intensely personal. I like a strong, well-plotted story, appreciate a carefully researched setting, and can admire elegant language, but if a character is too difficult to embrace—if I find I cannot make an emotional connection, if I find myself ambivalent about their fate—then a book is discarded as not being to my taste. It is also important to recognise that some tastes are transient. Crime fiction stories that are popular today could be forgotten tomorrow. Some stories appeal to such a broad range of tastes they are immediately included in the crime fiction canon. Yet others evolve over time to accommodate widespread changes in taste (an excellent example of this can be seen in the continual re-imagining of the stories of Sherlock Holmes). Personal tastes also adapt to our experiences and our surroundings. A book that someone adores in their 20s might be dismissed in their 40s. A storyline that was meaningful when read abroad may lose some of its magic when read at home. Personal events, from a change in employment to the loss of a loved one, can also impact upon what we want to read. Similarly, world events, such as economic crises and military conflicts, can also influence our reading preferences. Auden professed an almost insatiable appetite for crime fiction, describing the reading of detective stories as an addiction, and listed a very specific set of criteria to define the Whodunit. Today, such self-imposed restrictions are rare as, while there are many rules for writing crime fiction, there are no rules for reading this (or any other) genre. People are, generally, free to choose what, where, when, why, and how they read crime fiction, and to follow the deliberate or whimsical paths that their tastes may lay down for them. Crime fiction writers, past and present, offer: an incredible array of detective stories from the locked room to the clue puzzle; settings that range from the English country estate to city skyscrapers in glamorous locations around the world; numerous characters from cerebral sleuths who can solve a crime in their living room over a nice, hot cup of tea to weapon wielding heroes who track down villains on foot in darkened alleyways; and, language that ranges from the cultured conversations from the novels of the genre’s Golden Age to the hard-hitting terminology of forensic and legal procedurals. Overlaid on these appeal factors is the capacity of crime fiction to feed a taste for justice: to engage, vicariously at least, in the establishment of a more stable society. Of course, there are those who turn to the genre for a temporary distraction, an occasional guilty pleasure. There are those who stumble across the genre by accident or deliberately seek it out. There are also those, like Auden, who are addicted to crime fiction. So there are corpses for the conservative and dead bodies for the bloodthirsty. There is, indeed, a murder victim, and a murder story, to suit every reader’s taste. References Auden, W.H. “The Guilty Vicarage: Notes on The Detective Story, By an Addict.” Harper’s Magazine May (1948): 406–12. 1 Dec. 2013 ‹http://www.harpers.org/archive/1948/05/0033206›. Carter Snead, O. “Memory and Punishment.” Vanderbilt Law Review 64.4 (2011): 1195–264. Cawelti, John G. Adventure, Mystery and Romance: Formula Stories as Art and Popular Culture. Chicago: U of Chicago P, 1976/1977. Chandler, Raymond. The Big Sleep. London: Penguin, 1939/1970. ––. The Simple Art of Murder. New York: Vintage Books, 1950/1988. Christie, Agatha. The Mysterious Affair at Styles. London: HarperCollins, 1920/2007. Cole, Cathy. Private Dicks and Feisty Chicks: An Interrogation of Crime Fiction. Fremantle: Curtin UP, 2004. Derrida, Jacques. “The Law of Genre.” Glyph 7 (1980): 202–32. Franks, Rachel. “May I Suggest Murder?: An Overview of Crime Fiction for Readers’ Advisory Services Staff.” Australian Library Journal 60.2 (2011): 133–43. ––. “Motive for Murder: Reading Crime Fiction.” The Australian Library and Information Association Biennial Conference. Sydney: Jul. 2012. ––. “Punishment by the Book: Delivering and Evading Punishment in Crime Fiction.” Inter-Disciplinary.Net 3rd Global Conference on Punishment. Oxford: Sep. 2013. Freeman, R.A. “The Art of the Detective Story.” The Art of the Mystery Story: A Collection of Critical Essays. Ed. Howard Haycraft. New York: Simon & Schuster, 1924/1947. 7–17. Galgut, E. “Poetic Faith and Prosaic Concerns: A Defense of Suspension of Disbelief.” South African Journal of Philosophy 21.3 (2002): 190–99. Garland, David. Punishment and Modern Society: A Study in Social Theory. Chicago: U of Chicago P, 1993. Hemingway, Ernest. A Farewell to Arms. London: Random House, 1929/2004. ––. in R. Chandler. The Simple Art of Murder. New York: Vintage Books, 1950/1988. Hitchens, P. A Brief History of Crime: The Decline of Order, Justice and Liberty in England. London: Atlantic Books, 2003. James, P.D. Talking About Detective Fiction. New York: Alfred A. Knopf, 2009. Knight, Stephen. Crime Fiction since 1800: Death, Detection, Diversity, 2nd ed. New York: Palgrave Macmillian, 2010. Knox, Ronald A. “Club Rules: The 10 Commandments for Detective Novelists, 1928.” Ronald Knox Society of North America. 1 Dec. 2013 ‹http://www.ronaldknoxsociety.com/detective.html›. Malmgren, C.D. “Anatomy of Murder: Mystery, Detective and Crime Fiction.” Journal of Popular Culture Spring (1997): 115–21. Maloney, Shane. The Murray Whelan Trilogy: Stiff, The Brush-Off and Nice Try. Melbourne: Text Publishing, 1994/2008. Marsh, Ngaio in J. Drayton. Ngaio Marsh: Her Life in Crime. Auckland: Harper Collins, 2008. Orwell, George. Nineteen Eighty-Four. London: Penguin Books, 1949/1989. Roland, Susan. From Agatha Christie to Ruth Rendell: British Women Writers in Detective and Crime Fiction. London: Palgrave, 2001. Rzepka, Charles J. Detective Fiction. Cambridge: Polity, 2005. Sayers, Dorothy L. “The Omnibus of Crime.” The Art of the Mystery Story: A Collection of Critical Essays. Ed. Howard Haycraft. New York: Simon & Schuster, 1928/1947. 71–109. Scaggs, John. Crime Fiction: The New Critical Idiom. London: Routledge, 2005. Sisterson, C. “Battle for the Marsh: Awards 2013.” Black Mask: Pulps, Noir and News of Same. 1 Jan. 2014 http://www.blackmask.com/category/awards-2013/ Sutherland, John. in A. Flood. “Could Miles Franklin turn the Booker Prize to Crime?” The Guardian. 1 Jan. 2014 ‹http://www.guardian.co.uk/books/2010/jun/25/miles-franklin-booker-prize-crime›. Van Dine, S.S. “Twenty Rules for Writing Detective Stories.” The Art of the Mystery Story: A Collection of Critical Essays. Ed. Howard Haycraft. New York: Simon & Schuster, 1928/1947. 189-93. Wilson, Edmund. “Who Cares Who Killed Roger Ackroyd.” The Art of the Mystery Story: A Collection of Critical Essays. Ed. Howard Haycraft. New York: Simon & Schuster, 1944/1947. 390–97. Wyatt, N. “Redefining RA: A RA Big Think.” Library Journal Online. 1 Jan. 2014 ‹http://lj.libraryjournal.com/2007/07/ljarchives/lj-series-redefining-ra-an-ra-big-think›. Zunshine, Lisa. Why We Read Fiction: Theory of Mind and the Novel. Columbus: Ohio State UP, 2006.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

In one of the earliest films about a whistleblower, On the Waterfront (1954), the dock worker Terry Malloy (Marlon Brando), who also works for the union boss and mobster Johnny Friendly (Lee J. Cobb), decides to testify in court against him and uncover corruption and murder. By doing so he will not only suffer retribution from Friendly but also be seen as a “stool pigeon” by his co-workers, friends, and neighbours who will shun him, and he will be “marked” forever by his deed. Nonetheless, he decides to do the right thing. Already it is clear that in most cases the whistleblowers are not simply the ones who reveal things, but they themselves are also revealed.My aim in this article is to explore the depiction of Edward Snowden and Julian Assange in fiction film and its connection to what I would like to call, with Slavoj Žižek, “Hollywood ideology”; the heroisation of the “ordinary guy” against a big institution or a corrupt individual, as it is the case in Snowden (2016) on the one hand, and at the same time the impossibility of true systemic critique when the one who is criticising is “outside of the system”, as Assange in The Fifth Estate (2013). Both films also rely on the notion of individualism and convey conflicting messages in regard to understanding the perception of whistleblowers today. Snowden and AssangeAlthough there are many so called “whistleblower films” since On the Waterfront, like Serpico (1973), All the President’s Men (1976), or Silkwood (1983), to name but a few (for a comprehensive list see https://ew.com/movies/20-whistleblower-movies-to-watch/?), in this article I will focus on the most recent films that deal with Edward Snowden and Julian Assange. These are the most prominent cases of whistleblowing in the last decade put to film. They are relevant today also regarding their subject matter—privacy. Revealing secrets that concern privacy in this day and age is of importance and is pertinent even to the current Coronavirus crisis, where the question of privacy again arises in form of possible tracking apps, in the age of ever expanding “surveillance capitalism” (Zuboff).Even if Assange is not strictly speaking a whistleblower, an engagement with his work in this context is indispensable since his outsider status, up to a point, resembles those of Snowden or Manning. They are not only important because they can be considered as “authentic heroe[s] of our time” (Žižek, Pandemic, 7), but also because of their depiction which differs in a very crucial way: while Snowden is depicted as a “classic” whistleblower (an American patriot who did his duty, someone from the “inside”), Assange’s action are coming from the outside of the established system and are interpreted as a selfish act, as it is stated in the film: “It was always about him.”Whistleblowers In his Whistleblower’s Handbook, Kohn writes: “who are these whistleblowers? Sometimes they are people you read about with admiration in the newspaper. Other times they are your co-workers or neighbours. However, most whistleblowers are regular workers performing their jobs” (Kohn, xi). A whistleblower, as the employee or a “regular worker”, can be regarded as someone who is a “nobody” at first, an invisible “cog in the wheel” of a certain institution, a supposedly devoted and loyal worker, who, through an act of “betrayal”, becomes a “somebody”. They do something truly significant, and by doing so becomes a hero to some and a traitor to others. Their persona suddenly becomes important.The wrongdoings that are uncovered by the whistleblower are for the most part not simply isolated missteps, but of a systemic nature, like the mass surveillance by the National Security Agency (NSA) uncovered by Snowden. The problem with narratives that deal with whistleblowing is that the focus inevitably shifts from the systemic problem (surveillance, war crimes, etc.) to the whistleblower as an individual. Moretti states that the interest of the media regarding whistleblowing, if one compares the reactions to the leaking of the “Pentagon Papers” regarding the Vietnam War in the 1970s by Daniel Ellsberg and to Snowden’s discoveries, shifted from the deed itself to the individual. In the case of Ellsberg, Moretti writes:the legitimate questions were not about him and what motivated him, but rather inquiry on (among other items) the relationship between government and media; whether the U.S. would be damaged militarily or diplomatically because of the release of the papers; the extent to which the media were acting as watchdogs; and why Americans needed to know about these items. (8)This shift of public interest goes along, according to Moretti, with the corporate ownership of media (7), where profit is the primary goal and therefore sensationalism is the order of the day, which is inextricably linked to the focus on the “scandalous” individual. The selfless and almost self-effacing act of whistleblowing becomes a narrative that constructs the opposite: yet another determined individual that through their sheer willpower achieves their goal, a notion that conforms to neoliberal ideology.Hollywood IdeologyThe endings of All the President’s Men and The Harder They Fall (1956), another early whistleblower film, twenty years apart, are very similar: they show the journalist eagerly typing away on his typewriter a story that will, in the case of the former, bring down the president of the United States and in the latter, bring an end to arranged fights in the boxing sport. This depiction of the free press vanquishing the evil doers, as Žižek states it, is exactly the point where “Hollywood ideology” becomes visible, which is:the ideology of such Hollywood blockbusters as All the President’s Men and The Pelican Brief, in which a couple of ordinary guys discover a scandal which reaches up to the president, forcing him to step down. Corruption is shown to reach the very top, yet the ideology of such works resides in their upbeat final message: what a great country ours must be, when a couple of ordinary guys like you and me can bring down the president, the mightiest man on Earth! (“Good Manners”)This message is of course part of Hollywood’s happy-ending convention that can be found even in films that deal with “serious” subject matters. The point of the happy end in this case is that before it is finally reached, the film can show corruption (Serpico), wrongdoings of big companies (The Insider, 1999), or sexual harassment (North Country, 2005). It is important that in the end all is—more or less—good. The happy ending need not necessarily be even truly “happy”—this depends on the general notion the film wants to convey (see for instance the ending of Silkwood, where the whistleblower is presumed to have been killed in the end). What is important in the whistleblower film is that the truth is out, justice has been served in one way or the other, the status quo has been re-established, and most importantly, there is someone out there who cares.These films, even when they appear to be critical of “the system”, are there to actually reassure their audiences in the workings of said system, which is (liberal) democracy supported by neoliberal capitalism (Frazer). Capitalism, on the other hand, is supported by the ideology of individualism which functions as a connecting tissue between the notions of democracy, capitalism, and film industry, since we are admiring exceptional individuals in performing acts of great importance. This, in turn, is encapsulated by the neoliberal mantra—“anyone can make it, only if they try heard enough”. As Bauman puts it more concretely, the risks and contradictions in a society are produced socially but are supposed to be solved individually (46).Individualism, as a part of the neoliberal capitalist ideology, is described already by Milton Friedman, who sees the individual as the “ultimate entity in the society” and the freedom of the individual as the “ultimate goal” within this society (12). What makes this an ideology is the fact that, in reality, the individual, or in the context of the market, the entrepreneur, is always-already tethered to and supported by the state, as Varoufakis has successfully proven (“Varoufakis/Chomsky discussion”). Therefore individualism is touted as an ideal to strive for, while for neoliberalism in order to function, the state is indispensable, which is often summed up in the formula “socialism for the rich, capitalism for the poor” (Polychroniou). The heroic Hollywood individual, as shown in the whistleblower film, regardless of real-life events, is the perfect embodiment of individualist ideology of neoliberal capitalism—we are not seeing a stylised version of it, a cowboy or a masked vigilante, but a “real” person. It is paradoxically precisely the realism that we see in such films that makes them ideological: the “based on a true story” preamble and all the historical details that are there in order to create a fulfilling cinematic experience. All of this supports its ideology because, as Žižek writes, “the function of ideology is not to offer us a point of escape from our reality but to offer us the social reality itself as an escape from some traumatic, real kernel” (Sublime Object 45). All the while Snowden mostly adheres to Hollywood ideology, The Fifth Estate also focuses on individualism, but goes in a different direction, and is more problematic – in the former we see the “ordinary guy” as the American hero, in the latter a disgruntled individual who reveals secrets of others for strictly personal reasons.SnowdenThere is an aspect of the whistleblower film that rings true and that is connected to Michel Foucault’s notion of power (“Truth and Power”). Snowden, through his employment at the NSA, is within a power relations network of an immensely powerful organisation. He uses “his” power, to expose the mass surveillance by the NSA. It is only through his involvement with this power network that he could get insight into and finally reveal what NSA is doing. Foucault writes that these resistances to power from the inside are “effective because they are formed right at the point where relations of power are exercised; resistance to power does not have to come from elsewhere to be real … It exists all the more by being in the same place as power” (Oushakine 206). In the case of whistleblowing, the resistance to power must come exactly from the inside in order to be effective since whistleblowers occupy the “same place as power” that they are up against and that is what in turn makes them “powerful”.Fig. 1: The Heroic Individual: Edward Snowden in SnowdenBut there is an underside to this. His “relationship” to the power structure he is confronting greatly affects his depiction as a whistleblower within the film—precisely because Snowden, unlike Assange, is someone from inside the system. He can still be seen as a patriot and a “disillusioned idealist” (Scott). In the film this is shown right at the beginning as Snowden, in his hotel room in Hong Kong, tells the documentary filmmaker Laura Poitras (Melissa Leo) and journalist Glenn Greenwald (Zachary Quinto) his name and who he is. The music swells and the film cuts to Snowden in uniform alongside other soldiers during a drill, when he was enlisted in the army before work for the NSA.Snowden resembles many of Stone’s typical characters, the all-American patriot being disillusioned by certain historical events, as in Born on the 4th of July (1989) and JFK (1991), which makes him question the government and its actions. It is generally of importance for a mainstream Hollywood film that the protagonist is relatable in order for the audiences to sympathise with them (Bordwell and Thompson 82). This is important not only regarding personal traits but, I would argue, also political views of the character. There needs to be no doubt in the mind of American audiences when it comes to films that deal with politics, that the protagonists are patriots.Stone’s film profits from this ambivalence in Snowden’s own political stance: at first he is more of a right winger who is a declared fan of Ayn Rand’s conservative-individualist manifesto Atlas Shrugged, then, after meeting his future partner Lindsey Mills, he turns slightly to the left, as he at one point states his support for President Obama. This also underlines the films ambiguity, as Oliver Stone openly stated about his Vietnam War film Platoon (1986) that “it could be embraced by … the right and the left. Essentially, most movies make their money in the middle” (Banff Centre). As Snowden takes the lie detector test as a part of the process of becoming a CIA agent, he confirms, quite sincerely it seems, that he thinks that the United States is the “greatest country in the world” and that the most important day in his life was 9/11. This again confirms his patriotic stance.Snowden is depicted as the exceptional individual, and at the same time the “ordinary guy”, who, through his act of courage, defied the all-powerful USA. During the aforementioned job interview scene, Snowden’s superior, Corbin O’Brian (Rhys Ifans), quotes Ayn Rand to him: “one man can stop the motor of the world”. Snowden states that he also believes that. The quote could serve as the film’s tagline, as a “universal truth” that seems to be at the core of American values and that also coincides with and reaffirms neoliberal ideology. Although it is undeniable that individuals can accomplish extraordinary feats, but when there is no systemic change, those can remain only solitary achievements that are only there to support the neoliberal “cult of the individual”.Snowden stands in total contrast to Assange in regard to his character and private life. There is nothing truly “problematic” about him, he seems to be an almost impeccable person, a “straight arrow”. This should make him a poster boy for American democracy and freedom of speech, and Stone tries to depict him in this way.Still, we are dealing with someone who cannot simply be redeemed as a patriot who did his duty. He cannot be unequivocally hailed as an all-American hero since betraying state secrets (and betrayal in general) is seen as a villainous act. For many Americans, and for the government, he will forever be remembered as a traitor. Greenwald writes that most of the people in the US, according to some surveys, still want to see Snowden in prison, even if they find that the surveillance by the NSA was wrong (365).Snowden remains an outcast and although the ending is not quite happy, since he must live in Russian exile, there is still a sense of an “upbeat final message” that ideologically colours the film’s ending.The Fifth EstateThe Fifth Estate is another example of the ideological view of the individual, but in this case with a twist. The film tries to be “objective” at first, showing the importance and impact of the newly established online platform WikiLeaks. However, towards the end of the film, it proceeds to dismantle Julian Assange (Benedict Cumberbatch) with the “everyone has secrets” platitude, which effectively means that none of us should ever try to reveal any secrets of those in power, since all of us must have our own secrets we do not want revealed. The film is shown from the perspective of Assange’s former disgruntled associate Daniel Domscheit-Berg (Daniel Brühl), who wrote a book about his time at WikiLeaks on which the film is partly based on (Inside WikiLeaks). We see Assange through his eyes and delve into personal moments that are supposed to reveal the “truth” about the individual behind the project. In a cynical twist, it is Daniel who is the actual whistleblower, who reveals the secrets of WikiLeaks and its founder.Assange, as it is said in the film, is denounced as a “messiah” or a “prophet”, almost a cult leader who only wants to satisfy his perverse need for other people’s secrets, except that he is literally alone and has no followers and, unlike real cult leaders, needs no followers. The point of whistleblowing is exactly in the fact that it is a radical move, it is a big step forward in ending a wrongdoing. To denounce the radical stance of WikiLeaks is to misunderstand and undermine the whole notion of whistleblowing as a part of true changes in a society.The cult aspects are often referred to in the film when Assange’s childhood is mentioned. His mother was supposed to be in a cult, called “The Family”, and we should regard this as an important (and bad) influence on his character. This notion of the “childhood trauma” seems to be a crutch that is supposed to serve as a characterisation, something the scriptwriting-guru Robert McKee criticises as a screenwriting cliché: “do not reduce characters to case studies (an episode of child abuse is the cliché in vogue at the moment), for in truth there are no definitive explanations for anyone’s behaviour” (376).Although the film does not exaggerate the childhood aspect, it is still a motive that is supposed to shed some light into the “mystery” that is Assange. And it also ties into the question of the colour of his hair as a way of dismantling his lies. In a flashback that resembles a twist ending of an M. Night Shyamalan thriller, it turns out that Assange actually dyes his hair white, witnessed in secret by Daniel, instead of it turning naturally white, as Assange explains on few occasions but stating different reasons for it. Here he seems like a true movie villain and resembles the character of the Joker from The Dark Knight (2008), who also tells different stories about the origin of his facial scars. This mystery surrounding his origin makes the villain even more dangerous and, what is most important, unpredictable.Žižek also draws a parallel between Assange and Joker of the same film, whom he sees as the “figure of truth”, as Batman and the police are using lies in order to “protect” the citizens: “the film’s take-home message is that lying is necessary to sustain public morale: only a lie can redeem us” (“Good Manners”). Rather than interpreting Assange’s role in a positive way, as Žižek does, the film truly establishes him as a villain.Fig. 2: The Problematic Individual: Julian Assange in The Fifth EstateThe Fifth Estate ends with another cheap psychologisation of Assange on Daniel’s part as he describes the “true purpose” of WikiLeaks: “only someone so obsessed with his own secrets could’ve come up with a way to reveal everyone else’s”. This faux-psychological argument paints the whole WikiLeaks endeavour as Assange’s ego-trip and makes of him an egomaniac whose secret perverted pleasure is to reveal the secrets of others.Why is this so? Why are Woodward and Bernstein in All the President’s Men depicted as heroes and Assange is not? The true underlying conflict here is between classic journalism; where journalists can publish their pieces and get the acclaim for publishing the “new Pentagon Papers”, once again ensuring the freedom of the press and “inter-systemic” critique. This way of working of the press, as the films show, always pays off. All the while, in reality, very little changes since, as Žižek writes, the “formal functioning of power” stays in place. He further states about WikiLeaks:The true targets here weren’t the dirty details and the individuals responsible for them; not those in power, in other words, so much as power itself, its structure. We shouldn’t forget that power comprises not only institutions and their rules, but also legitimate (‘normal’) ways of challenging it (an independent press, NGOs, etc.). (“Good Manners”)In the very end, the “real” journalism is being reinforced as the sole vehicle of criticism, while everything else is “extremism” and, again, can only stem from a frustrated, even “evil”, individual. If neoliberal individualism is the order of the day, then the thinking must also revolve around that notion and cannot transcend that horizon.ConclusionŽižek expresses the problem of revealing the truth in our day and age by referring to the famous fable “The Emperor’s New Clothes”, where a child is the only one who is naive and brave enough to state that the emperor is in fact naked. But for Žižek today,in our cynical era, such strategy no longer works, it has lost its disturbing power, since everyone now proclaims that the emperor is naked (that Western democracies are torturing terrorist suspects, that wars are fought for profit, etc., etc.), and yet nothing happens, nobody seems to mind, the system just goes on functioning as if the emperor were fully dressed. (Less than Nothing 92)The problem with the “Collateral Murder”, a video of the killing of Iraqi civilians by the US Army, leaked by Wikileaks and Chelsea Manning, that was presented to the public, for instance, was according to accounts in Inside Wikileaks and Inside Julian Assange’s War on Secrecy, that it did not have the desired impact. The public seems, in the end, to be indifferent to such reveals since it effectively cannot do anything about it. The return to the status quo after these reveals supports this stance, as Greenwald writes that after Snowden’s leaks there was no substantial change within the system; during the Obama administration, there was even an increase of criminal investigations of whistleblowers with an emergence of a “climate of fear” (Greenwald 368). Many whistleblower films assure us that in the end the system works; the good guys always win, the antagonists are punished, and laws have been passed. This is not to be accepted simply as a Hollywood convention, something that we also “already know”, but as an ideological stance, since these films are taken more seriously than films with similar messages but within other mainstream genres. Snowden shows that only individualism has the power to challenge the system, while The Fifth Estate draws the line that should not be crossed when it comes to privacy as a “universal” good because, again, “everyone has secrets”. Such representations of whistleblowing and disruption only further cement the notion that in our societies no real change is possible because it seems unnecessary. Whistleblowing as an act of revelation needs therefore to be understood as only one small step made by the individual that in the end depends on how society and the government decide to act upon it.References All the President’s Men. Dir. Alan J. Pakula. Wildwood Enterprises. 1976.Banff Centre for Arts and Creativity. “Oliver Stone- Satire and Controversy.” 23 Mar. 2013. 30 Juy 2020 <https://www.youtube.com/watch?v=7s2gBKApxyk>.Bauman, Zygmunt. Flüchtige Moderne. Frankfurt am Main: Suhrkamp, 2003.Bordwell, David, and Kristin Thomson. Film Art: An Introduction. New York: McGraw-Hill, 2010.Born on the 4th of July. Dir. Oliver Stone. Ixtian, 1989.The Dark Knight. Dir. Christopher Nolan. Warner Brothers, Legendary Entertainment. 2008.Domscheit-Berg, Daniel. Inside WikiLeaks: My Time with Julian Assange at the World’s Most Dangerous Website. London: Jonathan Cape, 2011.The Fifth Estate. Dir. Bill Condon. Dreamworks, Anonymous Content (a.o.). 2013.Foucault, Michel. “Truth and Power.” Power: Essential Works of Foucault 1954-1984. Vol. 3. Ed. James D. Faubion. Penguin Books, 2000. 111-33.Frazer, Nancy. “From Progressive Neoliberalism to Trump – and Beyond.” American Affairs 1.4 (2017). 19 May. 2020 <https://americanaffairsjournal.org/2017/11/progressive-neoliberalism-trump-beyond/>.Friedman, Milton. Capitalism and Freedom. Chicago: U of Chicago P, 1982.“Full Transcript of the Yanis Varoufakis/Noam Chomsky NYPL Discussion.” Yanisvaroufakis.eu, 28 June 2016. 15 Mar. 2020 <https://www.yanisvaroufakis.eu/2016/06/28/full-transcript-of-the-yanis-varoufakis-noam-chomsky-nypl-discussion/>.Greenwald, Glenn. Die globale Überwachung: Der Fall Snowden, die amerikanischen Geheimdienste und die Folgen. München: Knaur, 2015.The Harder They Fall. Dir. Mark Robson. Columbia Pictures. 1956.The Insider. Dir. Michael Mann. Touchstone Pictures, Mann/Roth Productions (a.o.). 1999.JFK. Dir. Oliver Stone. Warner Bros., 1991.Kohn, Stephen Martin. The Whistleblower’s Handbook: A Step-by-Step Guide to Doing What’s Right and Protecting Yourself. Guilford, Lyons P, 2011.Leigh, David, and Luke Harding. WikiLeaks: Inside Julian Assange’s War on Secrecy. London: Guardian Books, 2011.McKee, Robert. Story: Substance, Structure, Style, and the Principles of Screenwriting. New York: Harper-Collins, 1997.Moretti, Anthony. “Whistleblower or Traitor: Edward Snowden, Daniel Ellsberg and the Power of Media Celebrity.” Moscow Readings Conference, 14-15 Nov. 2013, Moscow, Russia.North Country. Dir. Niki Caro. Warner Bros., Industry Entertainment (a.o.). 2005.On the Waterfront. Dir. Elia Kazan. Horizon Pictures. 1954.Oushakine, Sergei A. “The Terrifying Mimicry of Samizdat.” Public Culture 13.2 (2001): 191-214.Platoon. Dir. Oliver Stone. Hemdake, Cinema ‘84. 1986.Polychroniou, C.J. “Socialism for the Rich, Capitalism for the Poor: An Interview with Noam Chomsky.” Truthout, 11 Dec. 2016. 25 May 2020 <https://truthout.org/articles/socialism-for-the-rich-capitalism-for-the-poor-an-interview-with-noam-chomsky/>.Scott, A.O. “Review: ‘Snowden,’ Oliver Stone’s Restrained Portrait of a Whistle-Blower.” The New York Times, 15 Sep. 2016. 5 May 2020 <https://www.nytimes.com/2016/09/16/movies/snowden-review-oliver-stone-joseph-gordon-levitt.html>. Serpico. Dir. Sidney Lumet. Artists Entertainment Complex, Produzioni De Laurentiis. 1973. Silkwood. Dir. Mike Nichols. ABC Motion Pictures. 1983.Snowden. Dir. Oliver Stone. Krautpack Entertainment, Wild Bunch (a.o.). 2016.Žižek, Slavoj. “Good Manners in the Age of WikiLeaks.” Los Angeles Review of Books 33.2 (2011). 15 May 2020 <https://www.lrb.co.uk/the-paper/v33/n02/slavoj-zizek/good-manners-in-the-age-of-wikileaks>.———. Less than Nothing: Hegel and the Shadow of Dialectical Materialism. Verso, 2013.———. Pandemic! COVID-19 Shakes the World. New York: Polity, 2020.———. The Sublime Object of Ideology. Verso, 2008.Zuboff, Shoshana. The Age of Surveillance Capitalism: The Fight for a Human Future and the New Frontier of Power. New York: Public Affairs, 2020.