We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure no-reply@cambridge.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
This chapter concerns an 1892 texbook on Egyptian criminal law by Muḥammad Ra’fat (d. ?), al-Durra al-Yatīma fi Arkān al-Jarīma. Exactly a decade before its publication, Egypt’s national (or native) legal system, as well as the political and moral philosophy underlying it, experienced important - both conspicuous and subtle - transformations whose character is much debated today. Ra’fat taught jurisprudence in the French section of the Khedival School of Law and his textbook was read by law students in late Ottoman (khedival) Egypt who were taught to understand the laws that govern their own society as commands of law (sing. qānūn) embodied in discrete articles of various applied legal codes. In this period, the Sharīʿa and the various rules of fiqh encompassed within the various Islamic schools of law (madhāhib) no longer explicitly governed Egypt’s criminal justice.
The death of a patient by suicide (or homicide) can have a considerable, and lasting, emotional impact on mental health professionals, most commonly manifested as guilt, blame, shock, anger, sadness, anxiety and grief. There are often notable impacts on professional practice, including self-doubt and being more cautious and defensive in the management of risk. This chapter explores suicide and unlawful killing in the context of inquests.
Criminal groups, like mafias and gangs, often get away with murder. States are responsible for providing justice but struggle to end this impunity, in part because these groups prevent witnesses from coming forward with information. Silencing Citizens explains how criminal groups constrain cooperation with the police not just by threatening retaliation but also by shaping citizens' perceptions of community support for cooperation. The book details a social psychological process through which criminal group violence makes community support for cooperation appear weaker than it is and thus reduces witnesses' willingness to share information with the police. The book draws on a wealth of data including original surveys in two contrasting cities - Baltimore, Maryland in the Global North and Lagos, Nigeria in the Global South. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.
The Parole Board for England and Wales advises on the release, recall and licence conditions of a small subgroup of prisoners serving determinate sentences and the majority of those serving indeterminate sentences. Since the establishment of the Parole Board in 1968, the parole process has been shaped and clarified by further legislation and case law. In certain scenarios, psychiatric expert evidence may be sought to inform the Board's determination of whether a prisoner can be safely released into the community. Psychiatrists preparing expert reports for the Parole Board should be familiar with the current operationalisation of parole. This involves an understanding not only of the functioning of the Parole Board, but also of the criminal justice context in which prisoners subject to parole are managed. Having set the scene, by describing the role of the Parole Board and the wider context, this article examines how to undertake assessments and complete psychiatric reports for the Board.
This chapter tests cycles of silence in Lagos to evaluate its applicability in a Global South context where, unlike Baltimore, the state and the police have limited resources. The chapter’s results come from an original survey of shopkeepers, paired with interviews and observation, in the city’s expansive markets, pockets in which “area boy” crews engage in violence and extortion. Consistent with the patterns found in Baltimore, area boy violence reduces cooperation by boosting perceived retaliation risk and making cooperation norms appear to be weaker than they are. Underlying cooperation support exists among shopkeepers, the chapter’s final section explains, in part, because the area boy crews have largely failed to gain legitimacy with Lagosians.
The Conclusion first summarizes the study’s findings. It then presents the study’s policy implications that might help inform local actors’ decisions on interventions related to police–citizen cooperation in communities with criminal groups. Additional research questions are also proposed. In particular, how the study’s findings might relate to contexts experiencing political violence such as civil war or insurgency remains an avenue for future research. The final section highlights that populations are projected to grow fastest in countries with strong criminal groups and weak state institutions for fighting those groups. This trend increases the urgency to understand vacuums of justice and how they might be filled.
This chapter tests cycles of silence theory in Baltimore to evaluate its applicability in a Global North context where the state and the police are well resourced. It provides background on how Baltimore residents become exposed to violence by drug crews and details the results from an original survey of residents in the city’s violence- affected communities. Violence heightens perceived retaliation risk, and the heightened risk perception in turn pushes residents who support cooperation to keep that support private. As result, residents share less information than they otherwise would in absence of this norm suppression. The chapter’s final section explains that the underlying cooperation support exists, because the drug crews have largely failed to gain legitimacy in eyes of residents.
This chapter explains the motivation for the study. A stark reality is that states often fail to provide justice in many communities enduring criminal group violence. Deaths from criminal group violence roughly equal deaths from war between states, intrastate conflict (namely, civil war and insurgency), and terrorism combined. Moreover, criminal group affiliates who engage in the violence do so with near impunity in many communities. Criminal groups’ ability to escape accountability means that these communities face what I term vacuums of justice. The chapter goes on to argue that justice provision is a core responsibility of the state and, by failing in this regard, states shirk one of their raisons d’être (reasons for existence) under the social contract. The chapter’s final section explains the link between justice provision and cooperation with the police, positing that the police’s reliance on information from witnesses often makes cooperation a necessary albeit insufficient linchpin for justice provision.
The Introduction previews cycles of silence theory, which seeks to explain how criminal groups constrain citizen cooperation with the police. The Introduction focuses on laying out the book’s central contributions. Theoretically, the book provides a new explanation for how criminal groups prevent cooperation with the police, highlighting the role of their violence in suppressing perceived norms favoring cooperation. The theory speaks to the political science literatures on state-building, political conflict, and criminal governance as well as literatures from other social science disciplines including criminology. Methodologically, the study bridges research divides between the Global North and Global South by testing the theory in both regions. The study also employs realistic survey experiments including a virtual reality–based survey experiment. Finally, the Introduction puts the study into perspective: While the book’s focus may be centered around the effect of violence, the violence should not be interpreted as a defining feature of communities that endure criminal groups.
This chapter details cycles of silence theory explaining how criminal groups constrain citizen cooperation with the police. Criminal group violence not only reduces cooperation by heightening retaliation risk to cooperators but also by making community norms favoring cooperation appear weaker than they are to citizens. Due to violence- induced retaliation risk, citizens who support cooperation are forced to keep that support private. The potency of social norms in driving human behavior means that this suppression of norms that favor cooperation ultimately reduce witnesses’ willingness to come forward with information. The chapter also interrogates the theory’s central premise that underlying support for cooperation exists in communities. Perceptions of police and criminal group legitimacy are an important driver of support, so cycles of silence dynamics primarily operate in communities where criminal groups have failed to gain legitimacy. The chapter then theorizes why criminal groups’ primary goal of illicit economic gain undermines their legitimization efforts.
El presente artículo examina el fenómeno del homicidio en Colombia y busca comprender las condiciones de vulnerabilidad que afectan al homicidio en las ciudades colombianas. A través de un enfoque teórico y metodológico basado en la vulnerabilidad se analizó dicha relación entre la violencia homicida con los mercados ilegales, los mercados laborales pauperizados y la repartición de la riqueza. La muestra se compuso de las treinta y dos ciudades capitales departamentales de Colombia. Se usaron herramientas estadísticas multivariadas (PLS-SEM) para analizar la relación entre estos factores y el homicidio. Los hallazgos sugieren que los bajos ingresos, la falta de empleo, la desigualdad y la violencia están asociados con un mayor riesgo de homicidio.
Public stigma and fear are heightened in cases of extreme violence perpetrated by persons with serious mental illness (SMI). Prevention efforts require understanding of illness patterns and treatment needs prior to these events unfolding.
Aims
To examine mental health service utilisation by persons who committed homicide and entered into forensic care, to investigate the adequacy of mental healthcare preceding these offences.
Method
Forensic patients across two mental health hospitals in Ontario with an admitting offence of homicide between 2011 and 2021 were identified (n = 112). Sociodemographic, clinical and offence-related variables were coded from the health record and reports prepared for the forensic tribunal.
Results
Most patients (75.7%) had mental health contacts preceding the homicide, with 28.4% having a psychiatric in-patient admission in the year prior. For those with service contacts in the year preceding, 50.9% had had only sporadic contact and 70.7% were non-adherent with prescribed medications. Victims were commonly known to the individual (35.7%) and were often family members in care-providing roles (55.4%). Examination of age at onset of illness and offending patterns suggested that most persons admitted to forensic care for homicide act in the context of illness and exhibit a low frequency of pre-homicide offending.
Conclusions
Many individuals admitted to forensic care for homicide have had inadequate mental healthcare leading up to this point. Effective responses to reduce and manage risk should encompass services that proactively address illness-related (e.g. earlier access and better maintenance in care) and criminogenic (e.g. substance use treatment, employment and psychosocial supports) domains.
This chapter shows how the ties between office and household were loosened from the early seventeenth century by a new legal approach to officeholding. The authority of certain officers began to be treated as separable from their personal identity, meaning they no longer had to be ‘independent’ heads of household. MPs passed statutes to protect officers from lawsuits, providing they acted in accordance with the authority granted to them by higher powers. Judges developed a distinction between ‘judicial’ and ‘ministerial’ officers: the first required personal qualities associated with independence, the second did not. ‘Ministerial’ officers wielded an impersonal form of authority which had nothing to do with their individual identities. In interactions with other people, they conjured this authority with an array of special words and props, which granted them legal protection as servants of the state. This was especially clear in homicide law, where the question of whether or not an officer had properly conjured authority could determine the outcome of a trial. The impersonal model of official authority laid the foundations for a new style of masculine officeholding.
To investigate the experiences and support needs of consultant psychiatrists following a patient-perpetrated homicide, an anonymous online survey was sent to all consultant psychiatrists registered as members of the UK's Royal College of Psychiatrists.
Results
Of the 497 psychiatrists who responded, 165 (33%) had experienced a homicide by a patient under their consultant care. Most respondents reported negative impacts on their clinical work (83%), mental and/or physical health (78%) or personal relationships (59%), and for some (9–12%) these were severe and long lasting. Formal processes such as serious incident inquiries were commonly experienced as distressing. Support was mainly provided by friends, family and colleagues rather than the employing organisation.
Clinical implications
Mental health service providers need to provide support and guidance to psychiatrists following a patient-perpetrated homicide to help them manage the personal and professional impact. Further research into the needs of other mental health professionals is needed.
The Dongo massacre, the backstories of the perpetrators, and the execution of Aldama, Quintero, and Blanco offer the most famous examples of how violence and entertainment intertwined in late eighteenth-century Mexico City. Texts dating to this era chronicle the multitude of other spectacles which displayed the viceroys’ vindictive justice in the form of corporal punishment and executions. These spectacles sent out a strong message from the authorities regarding the values that they wished to promote. They expected the urban crowds to watch, hear, and smell the consequences of lawbreaking in New Spain.
In this article I consider the increasing use of the “rough sex” defence by men who kill women in trials of murder. In demonstrating the prevalence of this defence I examine the defence tactics of pleading accident and traducing the character of the dead by invoking the excuse that the deceased consented to the acts which contributed to her death. I examine the impact of this defence strategy on jury determination and return of convictions for unlawful manslaughter rather than murder. The notion that women in these situations have contributed to their own demise is a redolent oeuvre in pornography but also has roots in psychoanalysis and medicine. Stereotypes of women’s sexuality as defined by men continue to inform contemporary thinking skewing male violence against women as an outcome that women desire. Legal attempts to reform the law are examined and challenges to the representation of women in popular culture are called for.
Many of the formulas dealing with conflict highlight formal courts and judicial processes. Others represent extrajudicial settlements. In this respect they match, though in an entirely lay context, the picture of early medieval dispute settlement visible in other sources. They make particularly clear, however, that judicial and extrajudicial settlements were points on a complex and intertwined continuum. They also tell us that people – both litigants and authority figures – could manipulate and abuse judicial processes for their own purposes. The formulas are particularly interested in interpersonal violence. We find men assaulting each other on the road and taking each other’s property. We find men killing others for a variety of reasons. Those who committed homicide not only negotiated the payment of the required blood price, but actually paid it – and had their payment recorded in a security that protected them from any further trouble. Women too are accused of homicide, sometimes by poison or sorcery but sometimes by more active means. In the end, the formulas suggest that a culture assuming a right to personal violence was alive and well in the Carolingian period, despite strenuous efforts especially by Charlemagne and Louis the Pious to regulate it.
This chapter argues that we can consider policing either a primary good, subject to the requirements of distributive justice, or a feature of the democracy necessary for creating and distributing primary goods secure from threats of populism, majoritarianism, and crime. It uses historical examples of failed states and states in transition to observe that a reduction in government to policing actions and the emergence of a dominant protective association demarcate transitions between states, and become the overriding priority in cases where states falter or fail, highlighting policing as a necessary, core feature of the conception of the state itself, regardless of how minimal that state may be (or how extensive it may become). The chapter closes by considering the potential for a Rawlsian difference principle to guide the distribution of police resources to benefit the least well off, and the utilization of public health metrics and outcomes to ensure policing delivers practical justice by seeking equitable population-level reductions in morbidity and mortality, and increases in health and resilience, rather than relying on crime rates or police productivity as surrogate indications that policing has positively impacted communities and their most vulnerable members.
The many ingredients that fed Mass Incarceration, including racism, populism, media sensationalism, and political opportunism, are long-standing features of the American landscape. What changed that made these factors particularly salient and channeled them into a transformation of the criminal justice (and legal) system? The best answer is a crime surge.
Rural criminological literature on lethal domestic violence and feminist historical research on the patriarchal judgment of women accused of killing male intimate partners (IPs) have developed a dystopic image of the past for nonurban women. This paper questions that impression by asking whether women were more likely than men to be convicted of IP murder, and whether rural women were treated more harshly than urban women. Through quantitative analysis of 221 IP murder trials in New South Wales, 1901–1955, plus four representative case studies, it reveals that women tried for IP murders in rural areas were treated more leniently than their urban counterparts and significantly less harshly than male perpetrators of IP homicide. This paper demonstrates how historical criminological analysis of illustrative qualitative evidence, grounded in quantitative data on locational distinctions, can expose significant variations over time and place in the fate of abused women prosecuted for IP homicide.