Chair: Fernando Miró Llinares

Empirical Evidence and Criminal Justice (Criminal Law-Making Policy Working Group. European Society of Criminology)

Building: A
Room: 12

Author: Miró-Llinares Fernando, Miguel Hernandez University

Title: Putting Community Views in Its Place: an Empirical Study About Intuitions of Justice and Intellectual Property Compliance
The relationship between Internet and intellectual property has different consequences. One of them is the high prevalence of incompliance of copyright rules on the Internet. Given this, three fundamental questions arise: what motivates people to choose to break the rule?, what factors influence this decision making?, and has the norm lost its capacity to motivate the compliance? Behind that, there are some intuitions of justice shared by society about the better legislative treatment and which protection deserves the intellectual property on the Internet. Likewise, these intuitions of justice are different when property instead of being intellectual is material property. In this sense, with a sample of 822 subjects we analyze the prevalence of different behaviors against rules of intellectual property and material property, both in cyberspace and in physical space. On the other hand, we have assess the intuitions of justice that underlie both types of properties rules in order to put them in relation with the previous compliance data. Our results suggest that people perceive as more serious to break the rules that protect material property regardless the place of commission, and, secondly, the copyright compliance on the Internet is related to prescriptive and descriptive social norms and with the moral judgment, instead of the perceived severity and certainty of the punishment.
Keywords: intuitions of justice, intellectual property, material property, cyberspace, compliance
Author: Linde Antonia, Open University of Catalonia

Marcelo Aebi, University of Lausanne
Title: The Challenge of Adapting the Spanish Criminal Statistics for International Comparisons of Recorded Crime
This presentation analyzes the crime and criminal justice statistics available in Spain at three different stages of the criminal procedure: police, prosecution and conviction. The aim is to establish whether it is possible to adapt the data included in them to the categories used by criminologists for international comparisons of recorded crime. As an example of such categories, we use the ones included in the European Sourcebook of Crime and Criminal Justice Statistics (ESB). The analysis shows that the statistics publicly available do not include much of the information required by the ESB. This means that a researcher that tries to fulfill the ESB questionnaire must ask most of the data directly to the police, prosecution and court authorities. The presentation shows the problems related to such a procedure, analyzes the kind of data that is needed, and the methodological problems faced when trying to adapt the Spanish categories to the ones of the ESB.
Keywords: Spanish criminal statistics, international comparisons, recorded crime
Author: Guanarteme-Sánchez-Lázaro Fernando, La Laguna University

Title: Rationality and Reasoned Sentencing
The enforcement of the legal consequence, principally prison sentences, but also security measures, leaves the judge open to a framework of discretionality. It is a framework that, in general, has a maximum and a minimum limit, within which the judge can move, upwards or downwards, on the basis of the arguments. However, not all the reasons put forward are valid, nor are they rational from the point of view of the Law. Moreover, not all the reasons that are valid or accepted in Law are necessarily rational. As an example, the frequent references to reasons of general prevention may be cited, in circumstances where the desired preventive effect should not enter into consideration; as there is no margin for its application. Likewise, the generic reference to preventive reasons in the application of security measures of a therapeutic nature, such as confinement in a psychiatric institution, in spite of the finality of these sorts of measures that are not used for certain ends of general prevention of, for instance, menacing behaviour. The intention behind the present contribution is to offer a brief analysis of the reasoning used in the application of the legal consequences of the offence. It is an attempt to show how a significant part of the reasons for their application constitute, in reality, mere fiction. Fiction that is evidence of the will of the judge as the ultimate reason for the specific punishment. However, the judge has no legitimacy to apply his own will.
Keywords: Reasoned sentencing, rationality
Author: Cano-Panos Miguel Ángel, Granada University

Title: The Path to (Cyber)-Jihad: an Analysis of the Phases of the Radicalization Process, and Its Influence on Individuals Based on Data From Judicial Sentences
As in any process of violent radicalization, the one of Islamist nature acquires a pyramidal or sequential pattern which is divided into different strata, according to the degree of conviction regarding the Islamist ideology and the level of commitment to violent activities. Logically, the level of an individual’s Islamist radicalization has a significant impact on criminally relevant behavior. According to the most studies which have been carried out in the last years, one can distinguish four phases in the process of islamist radicalization: the "neutrals", "sympathizers", "radicalized" and the so-called "members/activists". Taking into account the contrasted knowledge regarding the phases of radicalization in the context of Islamist terrorism, as well as the criminal typologies associated to each of the phases, the objective of the following study is to know the degree of knowledge of these phases by the Spanish judicial organs in order to charge the subject with a certain criminal behavior and, consequently, establish the corresponding sentence.For the following study, a total of 35 judgments issued by the National High Court (Audiencia Nacional) in a period between 2013 and 2018 have been analyzed.
Keywords: Islamist radicalization, terrorist offences, Spanish Court, sentences
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