Tuesday 8 March 2011

MISCARRIAGE OF JUSTICE: BAMBER CAFELL APPEAL NOT UPHELD

This case portrays the Criminal Justice System in a  most inefficient and inept light. The crime scene was disturbed by hordes of marauding police officers . The police even allowed a firearms training unit to enter the murder crime to conduct a training exercise using the corpses. The murder weapon  and murdered bodies were moved around as  clearly evidenced by the photographs.
Initially the murder was held to be a tragic consequence of a Mother who had gone beserk and killed her own children and parents before killing herself. Subsequently the brother was convicted of the murder on the hearsay of a bitter ex- girlfriend who was nursing a grievance against Bamber Cafell. She said that he did it to get the inheritance. 
Nowadays there is sophisticated software known as voice recognition analysis that can detect if a person is lying. This VRA software is used by actuarial insurance assessors. This girlfriend`s statement needs to be placed under such scientific scrutiny to ascertain its veracity. This has not been done and therefore  the statement amounts to no more than hearsay. As evidence it is therefore worthless. It seems that Bamber Cafell has been convicted purely because the jury and Judge did not like the look of him. This is known as the negative halo effect. 
The sister known as Bambi Cafell suffered with paranoid schizophrenia. It is very common for sufferers of this disorder to commit violent or murderous acts. The list is vast. Recently a paranoid Mother named Theresa Riggi was convicted of stabbing her three children to death. A paranoid Father also tried to kill his children by driving into a river after an argument with his ex partner. A father jumped from a hotel balcony with his two children after rowing with his wife. The list of children murdered by insane and temporarily insane parents is sadly a lengthy one.
On the night of the killings, there had been an argument between the Mother Bambi Cafell  and her foster parents about the children. Arguments about children has been shown to be a trigger for irrational and murderous behaviour towards infants. Bambi may have been driven to a precipice of homicidal insanity by the inflammatory comments. This would have been exacerbated by the time of the dispute. It was very late and she would have been over tired and irritable. Being of a paranoid nature she would not take criticism well. 
The conclusion of this analysis is that the Appeal Court has been negligent. They have made a judgement based on prejudice and stereotypy. A similar scenario has occurred with poor Amanda Knox who is bearing her trial with great fortitude.

Monday 7 March 2011

CRIMES OF THE POWERFUL


Crimes of the Powerful
Criminals wear many masks. The archetypal mask of Highwayman Dick Turpin, worn by modern day assailants such as burglars and hoodies epitomises the public perception of dangerous street criminals.
However a vast amount of crime is cloaked in an expensive suit of respectability and legitimate authority rather than a bandit` s mask. This invisible cloak of crime is worn by respectable corporations who can inflict serious yet indirect damage on society and its component individuals.  Given the arbitrary nature of the definition of crime (Christie 2004), as well as the privileged status of those who define it this essay will proceed to delineate the relationship between crimes of the powerful as opposed to the more common petty street crime that frequently hits the headlines.
This essay will delineate some of the ingenious crimes committed by respected institutions such as banks, pharmaceutical companies, elected politicians and respected institutions and corporations in which the public often place a misguided trust. It will conclude that we must remain ever vigilant of legitimate authority, including the police and State, in order to protect ourselves. Just as we would take reasonable precautions to protect ourselves from street crimes such as muggings and burglary so we should critically regard the respectable institutions that form the bedrock of our society as being the potential perpetrators of invisible crime. This essay will delineate the relationship between crimes of the powerful as opposed to the more common street crimes such as muggings that usually hit the headlines.
 For instance it has been calculated by the Audit Commission that each and every family in this country will eventually pay in the region of £40,000 towards the bailout of the reckless banks that were bailed out during the recent 2008 banking crisis. A handbag snatcher or street mugger would rarely escape with such a vast sum! Such sophisticated malfeasance is understandably hard to quantify and pin down and yet it yields extremely high dividends in comparison to the low dividends yielded by common street crime.
 Criminals come in all shapes and sizes and from every strata of society. Status driven acquisitive crime has been discussed in many studies including those on corporate or workplace crime. The term “white collar crime” refers to this type of crime and was first coined by Edwin Sutherland in 1939. At the time this was a very new and exciting concept as it had previously suited the wealthy genteel Edwardians to look down upon the impoverished criminal classes. This enabled the ruling elite to exert control over the proletariat rabble and thereby protect their financial interests. This idea of inherent privilege was also examined at length in the radical works of Marx and Engels (Marx & Engels 1848). Karl Marx felt that wealthy capitalists exploited the lower classes. It suited the elite plutocracy to label the poor as bad.
 Laws of the land may be construed as the normative structure of the dominant group (Sellin 1938).Thus we have a criminal justice system that is replete with Justices and Magistrates emanating from a background of privilege and wealth. The seminal study by Edwin Sutherland helped bring about a shift and a change of perception. Criminals it seems could be ordinary and hardworking respectable individuals who dress smartly for work in a white collar shirt and a neat suit. They attract little attention since they are legitimately at the scene of the crime in contrast to a trespassing house breaker. According to routine activity theorists the propensity to criminal behaviour is normal and driven by opportunism and an easy target (Cohen & Felson 1979; Clarke & Felson 1993; Felson 1994). This theory may explain why recorded crime rose during the last century as prosperity grew bringing more opportunities. Routine activity theory also sits well with the incidence of occupational and corporate crime where temptation is ubiquitous (Punch 1996 p.213).
 As well as the individual acting alone, the company as a separate entity can act in a criminal way (Box 1983). Studies on group polarisation known as the “risky shift” might explain why such corporate groups behave recklessly as in the case of the fatal Challenger decision (Pruitt 1971).  Sutherland discusses criminal acts by American utilities companies such as General Electric in his book on white collar crime (Sutherland 1949; 1983). Clearly these sharp business practices are motivated by greed rather than need. Indeed since white collar criminals are in employment they cannot use the excuse of pressing poverty for their actions.
A more recent case of corporate crime was the Enron scandal that erupted in 2001 in America that involved power cut malpractice with utility   companies. Enron was a hugely successful company and listed by Fortune Magazine as being the most innovative company from 1996-2001. Enron employed a creative accountant, Andrew Fastow, who used numerous tricks to hide Enron` s liabilities.  This seemingly robust company encouraged investors to buy shares in a company that was in fact hiding huge liabilities.
The dishonesty of Enron was not confined to its creative accounting techniques. Enron had given large donations to the political campaign of a Californian Senator, Phil Gramm, who was duly elected. In return he passed legislation in 2000 to deregulate electricity commodities. This was beneficial to Enron who owned many power utilities. Following the legislation California had 38 serious rolling blackout power cuts. These were engineered by Enron to maximise profits. Any one power cut can seriously endanger life since power is essential for hospitals. This wholly unacceptable behaviour of corporations has been discussed by Stephen Box  who asserts that one is seven times more likely to be killed by corporate negligence than a common street criminal (Box 1983).
 A concerned whistle blower came forward in 2001 (BBC News 2002). Investors rushed to dump their shares. A white knight rescue attempt by another company failed and Enron filed for bankruptcy.
Another high profile case in the U. K. was that of the Polly Peck Company. This large concern was owned by tycoon Asil Nadir. He allegedly fleeced investors of millions of pounds and then fled the country to escape justice. He has recently returned to face justice, hoping that the current Government will assist a once generous Tory donor. The SFO have been preparing a case against him (Gammell 2010). This still wealthy tycoon has been tagged and must obey a strict curfew in his penthouse apartment. One may speculate that some of the perpetrators of outrageous financial crimes might have suffered extreme deprivation as children resulting in poor self control (Gottfredson & Hirschi 1990).
An industry that is rife with corruption is the Pharmaceutical industry (Braithwaite 1984). In 2002 The Serious Fraud office (SFO) launched an eight year long investigation into five drug companies known as Operation Holbein (SFO 2002). More than a million computer drives and files were seized from the homes and offices of the six companies involved (Bowers 2005). The police arrived with search warrants for six pharmaceutical companies but no arrests were made. The six companies accused were Generics U.K. Ltd., Kent Pharmaceuticals Ltd., Regent-GM Laboratories Ltd., the Gold Shield Group Plc., Norton Healthcare Ltd., and Ranbaxy U.K. Ltd.
The SFO accused the drug companies   of conspiring to defraud the NHS through a price fixing cartel. Unfortunately for the SFO the case was thrown out of court on a technicality by Lord Justice Pritchard (Goswami 2011) leaving an eight year investigation in tatters. The reason that the case failed was that the indictment by the SFO was for price-fixing and price-fixing in itself is not a criminal offence. This defeat in a Court of Law has also has caused speculation as to the future of this Government body. The case was a very expensive one but all is not lost  fortunately  as the NHS has managed to recoup £34 million from the drug companies with the assistance of the Department of Health with civil as opposed to criminal proceedings. The civil proceedings were simple because the drug firms did not have a case and could settle without accepting liability. It is rather touchingly poignant that the operation was probably named after a “portrait of a gentleman” by the artist Hans Holbein that hangs on the wall of the office of the SFO deputy chairman. If only there were more true gentlemen in the unscrupulous world of business!
 The SFO were right to attempt to bring criminal proceedings against these powerful companies that were attempting to milk the NHS of billions of pounds with the price-fixing of drugs. These included Warfarin that is used to thin the blood in those with thrombosis (Bowers 2005). Altogether at least thirty drugs were involved at great expense to the struggling NHS. Although the SFO was unsuccessful in this case it seems that harsh criticism of this taskforce by journals such as The Lawyer is unmerited.
 The SFO has a long list of successful prosecutions to its credit. These include the sentencing in 2008 of five men involved in a ten billion US dollar worldwide Ponzi scheme. Two of the men were former British policemen and one was even a lawyer! The fraudsters were selling gold shares, a commodity, that had did not exist and had not even been mined. Ponzi schemes are fraudulent investment scams that pay the investors dividends using other investors` money rather than from the profits of the actual business venture itself. In effect they are robbing Peter to pay Paul. In some cases there is not even a genuine business venture and the whole edifice is as flimsy as a pack of cards. It is difficult to comprehend that there are so many criminals, such as Bernie Madoff, that are willing to perpetrate such scams upon naïve and trusting investors.
The lucrative returns of pharmaceuticals make them an attractive target for counterfeit by organised powerful crime groups. These are medicines that are deliberately and fraudulently mislabelled as to their identity and their source (WHO 2010).Use of such products can result in treatment failure and death. Both branded products and generic drugs are exposed to counterfeiting and may have identical packaging to the genuine product complete with the hologram. This level of sophistication can make detection difficult. They may deceive health professionals, pharmacists and hospitals. These counterfeit drugs may contain some or no active ingredients. They are found all over the world and eliminating them presents a huge public health challenge. It is often impossible to trace the source of these dubious products. Counterfeiters are extremely flexible in the methods they use and may repeatedly change their methods to prevent detection. This means that there is a paucity of data as to the real extent of the problem. The WHO estimates that one in ten of all medicines taken may be counterfeit. However the extent of the problem is disputed by statisticians and may be higher or lower (Baker 2009; Bialik 2010).
Some of the detected counterfeit drugs detected to date are Viagra for erectile dysfunction, Xenical for obesity, Zyprexa for bi-polar disorder, Lipitor to lower cholesterol, Metakelfin for malaria and numerous painkillers and over-the-counter products. A deadly counterfeit diabetes drug containing six times the requisite dose resulted in several deaths in China recently (WHO 2009). The U.K was flooded with counterfeit drugs in 2007 and this led to the eventual arrest of Kevin Xu, a citizen of the people `s republic of China and head of a large counterfeiting enterprise. The MHRA seized 40 000 of the estimated 70 000 fake products and the rest were lost in the supply chain. The medicines involved were those used to treat prostate cancer, schizophrenia and stroke. The legislation to deal with his problem is the Offences under the Medicines Act 1968 and the Trademarks Act 1990. The maximum sentence under the former is two years and under the latter the maximum sentence is ten years. The MHRA prefers to prosecute under the Trademarks Act for this reason. However this is not always easy as the purpose of this Act is to protect the intellectual property rights of the company rather than protect the safety of the consumer. Counterfeit medicines tested by the Medicines and Healthcare products Regulatory Agency (MHRA) have been found to contain rat droppings and brick dust according to their head of enforcement Mr. Deats .
Karl Marx felt that wealthy capitalists exploited the lower classes in order to remain at the top of the metaphorical pecking order (Marx 1859; 1904). This exclusive situation is very much present in society today (Chambliss 1975; Young 1999).Today many wealthy capitalists endeavour to do this by employing canny accountants to give advice on ways of avoiding paying taxes to the government. Numerous tax havens exist such as the Cayman Islands and this has recently received a lot of media attention in the light of austerity budgets. Ordinary hard working tax payers are becoming increasingly angry about flagrant tax avoidance. There is a militant organisation called UK Uncut that protests against tax avoidance by companies such as Top shop (BBC News 2011). Rather embarrassingly for David Cameron, the boss of Top shop, Philip Green, was recently employed by him as an image consultant.
The wealthy donor to the Conservative Party, Lord Ashcroft, was also exposed as hiding all of his assets offshore. The fact that he donated huge amounts to the election campaign is especially galling. Furthermore a recent report by the respected Institute of Fiscal Studies has shown that the draconian austerity cuts are being disproportionately shouldered by the poorest sector of society (IFS 2010). This is manifestly unjust and the electorate is becoming increasingly restless with the Coalition government as recent street demonstrations have shown.
The general public is also very disenchanted with the behaviour of avaricious bankers who have been rewarding themselves with huge bonuses despite the collapse of many banks through mismanagement. This behaviour is beyond the comprehension of most ordinary mortals who are having moral panics (Cohen 1973; Garland 2008). The criminologist David Nelken said that the best way to rob a bank is to work in one (Nelken 2007). Several high profile banks have collapsed recently. These include Northern Rock, which precipitated the first run on a bank for decades. In America at least twenty eight banks collapsed including Lehman Brothers in 2008.
What on earth is going on here one may ask? Many say that the bankers gave out too many NINJA loans in America, NINJA being the acronym for no income, jobs or assets. This was known as the sub prime loan crisis. There is no doubt that bankers have been behaving recklessly in order to earn their sales commissions. Indeed these days a bank manager is required to be a good salesperson rather than a conscientious accountant. It was reported in the Wall Street Journal that 279 banks have collapsed since 2008 (Smith & Sidal 2010). To add insult to injury greedy bankers such as Fred Goodwin have not only brought the Royal Bank of Scotland to the brink of destruction but have handsomely remunerated themselves with millions of pounds in bonuses. No wonder that he earned the nickname Fred the Shred! He was ridiculed and pilloried in the popular press for weeks.
 This is not just a recent phenomenon as it happened in 1995 to Barings Bank in Singapore when Nick Leeson became carried away with his investment strategy. Maybe Leeson and the other bankers were impelled by youthful creative testosterone to act in this way (Kanazawa 2003).
It has been calculated by the National Audit Office in 2009 that each and every family in this country will eventually pay in the region of forty thousand pounds for the bank bailout. Yet what do the shareholders now get for their unwilling investment? It appears they receive little in the way of gratitude from the rescued banks as they continue to reward themselves with huge bonuses while refusing to lend to small businesses.
Many bankers are exhibiting signs of anti social or sociopathic behaviour. They are in effect behaving like psychopaths or “snakes in suits” (Babiak & Hare 2006). While many human beings behave in an altruistic manner there is a small sub group that appear to be motivated entirely by self interest (Hare 1993). The term psychopath was coined by Hervey Cleckley in his textbook which analysed the behaviour patterns of people without scruples or conscience (Cleckley 1977). Psychopaths are described as being endowed with superficial charm, glibness, supreme self confidence and self belief. They do not hesitate to walk over others to get what they want. The profile of a psychopath perfectly describes that of many greedy bankers. Attempts have been made to quantify the exact extent of such corporate crime in terms of financial costs (Slapper & Tombs 1999).
 The behaviour of corrupt financiers may also be explained in terms of Game Theory or the Prisoners Dilemma. Game Theory shows how mutual co-operation or altruism will benefit both parties moderately (Poundstone 1992). However if one person only cheats then he may emerge as the supreme victor at the complete expense of the other non-cheating participant. This cheating behaviour might be more prevalent in those with few emotional ties or bonds to a community (Hirschi 1969).
This has led some social scientists to speculate that there may be an evolutionary niche for such selfish behaviour. In others words successful psychopaths may have evolved in society via a process of natural selection and so we see them everywhere today in the guise of rich bankers, politicians and businessmen. A check list has been designed to detect these traits that include lack of empathy, callousness and supreme narcissism (Hare 2003). Maybe would be bankers should be made to take the PCL test to ascertain latent psychopathic tendencies?
In July 2010 Metropolitan Chief, Sir Paul Stephenson gave a lecture on organised crime groups at the John Harris Memorial lecture in London. The boss of Scotland Yard said that were as many as six thousand criminal groups currently under the police radar (Greenwood 2010). However this list of suspects does not include the greedy bankers who have fleeced the country of billions of pounds with their reckless investments and huge bonuses!
 The types of crime under the police radar include drugs smuggling, people trafficking, financial fraud and counterfeiting. Clearly the numbers game is being won by the all omnipotent crime syndicates. No wonder that the police are waging an impossible battle with this invisible type of crime. It is far easier for a police officer to wage war on the motorist than it is delve into complicated and arcane crime labyrinths. Sir Paul said that there was no nationally co-ordinated means of tackling organised crime and he believed their activities cost the economy about forty billion pounds annually. The Mafia earns 9 per cent of the GDP in Italy according to Confesercenti. These are worrying crime figures but caution is clearly required when bandying statistics around in this manner. This sum of forty billion pounds may be compared to the sum of seven billion pounds that Barclays Bank paid out in bonuses in 2010-2011.
One has to look at this in the context of how much of taxpayers money is also being wasted by legitimate authorities who are running our economy such as elected politicians and financial institutions. These institutions have defrauded the taxpayer of considerable sums in a way that mimics the operations of organised crime groups. No wonder then that the average police officer prefers to target motoring crime! The Serious Organised Crime Agency (SOCA) has come under criticism in 2011 by the Conservative Home Secretary Theresa May.
 This crime busting outfit was created in 2006 by the Labour Government to deal with sophisticated crime. The agency was criticised by the Conservatives for only managing to recover £78 million from the proceeds of crime in the three years between 2006 and 2009. The cost of running the agency was put at £1.2 billion meaning that the operation was running at a loss to the taxpayer. In July 2010 there was a trumpeted fanfare of massive reform and overhaul of SOCA to be replaced by the NCA or National Crime Agency. This acronym is nowhere near as sexy or as memorable as the acronym SOCA. It seems that each time a new political Party takes the reins of power they feel the need to put their own individual political stamp on the country.
 The coalition are hoping to introduce radical changes in the Police Force with the introduction of elected Police Commissioners. The theory behind this startling innovation is that those elected by the public would be more accountable to them. Needless to say all this political tinkering with policing has not gone down well with the Association of Chief Police Officers commonly designated as ACPO.
This police company is also to be stripped of its power to run undercover units following recent controversies about its Ratcliffe on Stour operation.  Embarrassed Police Minister Nick Herbert has announced that ACPO is to be stripped of all operational duties following the risible antics of undercover officers. Under cover officers employed to infiltrate activist groups ended up being the main protagonists and perpetrators of the acts of sabotage. This resulted in the police National Public Order Unit becoming an object of hilarity and ridicule. Certainly in January 2011 the press had a field day devoting several pages to the salacious, seedy exploits of the hapless police officer Mark Kennedy, who now says that he lives in fear of his life.
The National Public Order Unit costs five million pounds a year to run. It was set up initially to infiltrate animal rights groups who had sent letter bombs in the 1990`s. The Unit appears to have lost its way. The secretive Unit has now received such a blare of publicity one has to wonder about its future operational success. It seems that all the organisations which are attempting to uphold law and order are currently falling into disrepute.  It is small wonder then that so many powerful crime groups are evading capture or detection and driving Sir Paul Stephenson to despair.
The police have also come under fire for using the controversial kettling technique of crowd control. The premise of kettling is to prevent the crowd running riot and causing mayhem and criminal damage. However the technique has a serious drawback in that it indiscriminately herds up large numbers of innocent passersby. In 1989 bad policing of crowds led to the Hillsborough disaster where many football fans were crushed to death.
 Recently the technique of kettling was used during the student riots and this led to many complaints and threats of lawsuits. Innocent tourists as well as legitimate student protesters were kettled for several hours without food, drink or access to bathrooms. Some people fainted and many were hypothermic as the day turned to night. Some young school children started to burn their school books in an effort to keep warm. This was maliciously interpreted as acts of vandalism. However the poor children interviewed were clearly cold, hungry and frightened. This incident portrays the abuses of those holding the reins of power. These are certainly crimes against humanity. It depicts the abuse of Government State power as well as police powers of unlawful detainment. The angry Home Secretary even spoke of using water cannon against the crowd. Imagine the distress that would have caused to the already freezing cold hypothermic children.
The police have also attacked innocent bystanders without provocation. Recently Ian Tomlinson was killed by an unprovoked blow to his back as he walked passed a row of policemen at the G20 protests in London.
The police have also used pepper spray that has resulted in deaths. The peaceful anti racist protester Blair Peach was bludgeoned to death by a police baton in 1979.
  The weaponry of the police is becoming more suited to Armed Forces personnel. The police now use tasers and other supposedly less lethal weapons. A new long range acoustic device (LRAD) was used in Philadelphia University on peaceful students and lecturers.  This ultrasonic device causes excruciating pain in the ear as well as disorientation and collapse. It may even lead to deafness! Here in England the mosquito device has been used in South Wales and an Oxford shopping precinct to deter young people from loitering (BBC News 2008). The Mosquito emits a painful ultrasound noise that can only be heard by young adults and children. It has been rightly criticised by human rights groups such as Liberty and Amnesty.
The police have also abused the stop and search powers of the anti terrorism Acts to target and harass ethnic minorities. In 1981 the hated SUS Laws gave rise to the Brixton and Toxteth riots. Plainly most of those stopped and searched are not terrorists. There is plenty of evidence to suggest that minority groups have been unfairly discriminated against by police use of Stop and Search Laws (Ministry of Justice, 2008/9; Travis 2010). Indeed following the Lawrence inquiry the police were branded as being “institutionally racist”. Institutional racism was a term first coined by Sir William MacPherson following police failures in the investigation of the tragic death of Stephen Lawrence (MacPherson 1999). It referred to a collective failure to provide an appropriate service to people because of their ethnicity (Phillips 2010).The Director General of Prisons Martin Narey  warned that the prison service is institutionally racist in 2001 and proportionately more BME groups have died in custody (Phillips & Bowling 2002). It has also been estimated that BME groups are up to eight times more likely to be stopped and searched by the police using anti terror legislation. Indeed the Archbishop John Sentamu, who is from Uganda, complained that he himself has been stopped and searched several times when wearing secular clothing. Dr. John Sentamu believes that he has been stopped by police purely because of his Ugandan heritage. Under section 44 of the Anti Terrorism Act 2000 the police can stop and search anyone in a designated place on the merest hint of a suspicion. Any person the police might not like the look of may be searched under the pretext of national security. This has led to flagrant abuse of the powers by police officers.
 In 2009 there were around 150 thousand searches carried out by over zealous police officers (Ministry of Justice, 2008/09). This unacceptable police behaviour contravenes the Race Relations Act of 1974 which was amended in 2003. Tourists innocently taking photographs of iconic buildings such as the London Eye fell foul of the draconian legislation and many ethnic minorities were harassed (UK PoliceOnline 2010). This led to widespread complaints by civil liberty groups such as Liberty. Following a test case by a complainant in 2010, a judicial precedent was set. Henceforth the European Court of Human Rights ruled that the powers of stop and search were being abused and therefore deemed illegal.
The powers of the State have come under a lot of scrutiny recently.
Civil liberties groups are concerned at the gradual intrusion of the State into their personal lives. There are countless CCTV cameras for each citizen in the U.K. and the Orwellian predictions of 1984 have well and truly arrived. Each of us is approximately caught on camera one thousand times a week! A school was criticised for having no fewer than one hundred cameras trained on its pupils. One million innocent people have had their DNA placed on a National Database against their wishes. Local Authorities have spied on blameless households using RIPA terrorist legislation looking for such heinous crimes as those relating to school catchment areas or parking misdemeanours.
 There was a public outcry at David Blunkett` s idea of ID cards which have now been shelved. However the use of biometric devices is increasing and even used in schools to check attendance via fingerprinting children as they arrive. This is wholly unacceptable and I complained about this treatment of learners in my role as School Governor. Recently a Protection of Freedoms Bill has been proposed by the coalition to try and counter this incipient erosion of freedoms by the all powerful and watchful State. It is also rather ironic that politicians who make the laws have been recently exposed as breaking the laws with their expenses!
It seems that any person in a position of power may be tempted to abuse this power. This is the case in unseen crimes such as domestic violence which is seldom reported to the police. There is often a lot of stigma attached to being bullied and the victim might feel ashamed. This idea of shame is summed up in the excellent title of a book by domestic violence campaigner, Erin Pizzey called “scream quietly or the neighbours might hear”. Women may also be harassed sexually and even sexually assaulted by their partners or beaten brutally (Dobash & Dobash 1979; 1992)). The strong in any society often seek to dominate the weak.
It is often the case that those in a position of power or authority may be tempted to abuse their position. This finding was demonstrated by the infamous Stanford Prison experiment conducted in Stanford University (Zimbardo 1972). Half of the students were dressed as prisoners and half as prison guards. The pretend student prison guards behaved in such a bullying manner to the fake prisoners that the experiment had to be halted as the students started to show signs of a break down. People are easily corrupted by power and this has important implications for the weak and vulnerable in our society.
 It appears that the urge for financial gain, status and hierarchical advantage motivates much of human behaviour and this may lead to transgressions of the prevailing laws in the particular jurisdiction.
 Human beings evolved to compete for scarce food resources and territory  via survival of the fittest (Darwin 1872;Ardrey 1966; Dawkins 1989). Therefore these competitive instincts need to be kept under control. The hunting instincts of prehistoric man may be compared to the dangerous and competitive urges in modern man (Buss 2005). These competitive urges may motivate status driven, acquisitive crime and power related crimes. Like a prehistoric hunter modern man may metaphorically “go for the kill” to seal a business deal.  Often powerful groups or individuals get away with their wrongdoings.
As the title of Reiman` s critique suggests  ”the rich get richer and the poor get prison (Reiman 1984). Therefore the conclusion of this analysis is undoubtedly that malfeasance will inevitably occur in the ubiquitous quest to ascend the hierarchical and materialistic ladder.

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REFERENCES:-

Ardrey,R. (1966) the Territorial Imperative. New York: Dell
Babiak,P. and Hare ,R.D.(2006), Snakes in Suits: When Psychopaths Go To Work, New York: Harper Collins.
BBC News 2002, Business, “Did Enron Manipulate Energy Crisis” http://news.bbc.co.uk/1/hi/business/1972574.stm accessed 2011-02-07
BBC News   (Feb. 12 2008) Mosquito Device Divides Opinion” http://news.bbc.co.uk/1/hi/uk/7240653.stm accessed 2011-03-07
BBC News (Jan.30 2011) CS Spray Used on UK UNCUT Protest  http://www.bbc.co.uk/news/uk-england-12318896Protest accessed 2011-02-06
Baker, S. P. (2009)   “Trends in Unintentional Injury Deaths” American Journal of Preventive Medicine, volume 37, issue 3, pages 188-194.
Bialik, C. (2010) “Dubious Origins for Drugs, and Stats about Them” The Numbers Guy, Wall Street Journal September 10 2010
Box, S. (1983) Power, Crime and Mystification, London: Tavistock.
Braithwaite, J. (1984), Corporate Crime in the Pharmaceutical Industry, London: Routledge & Kegan Paul.
Buss, D. M. (2005) the Murderer next door: Why the Mind is Designed to Kill, New York: Penguin Press.
Chambliss, (1975) Towards a Political Economy of Crime, Theory and Society, March, 149-170.
Christie, N. (2004) a Suitable Amount of Crime, London: Routledge.
Clarke, R.V. and Felson, M. (1993) “Introduction: Criminology, Routine Activity and rational Choice” Advances in Theoretical Criminology:  Routine Activity and Rational Choice: vol. 5 pp. 1-14
Cleckley, H. (1977) The Mask of Sanity 5th edition, St. Louis: Mosby.
Cohen, S. (1973) Folk devils and Moral Panics: the Creation of  Mods  
            
 and Rockers, London: Martin Robertson

Cohen, L.E. and Felson, M. (1979) “Social Change and Crime Rate Trends, a Routine Activity Approach” American Sociological Review, 44 (4) pp. 588-608.

Darwin, C. (1872a) The Origin of Species, New York: Macmillan, 6th edition, 1962
Dawkins, R. (1989)  the Selfish Gene, Oxford, OUP.
 Dobash, R.E., and Dobash, R. D (1979) Violence against Wives, New York; Free Press.
Dobash, R.E. and Dobash, R.D. (1992) Women, Violence and social change, London; Routledge.
Felson, M. (1994) Crime and Everyday Life; Insight and Implications for Society. Thousands Oaks: Pine Forge Press.
Garland, D. (2008)  “On the Concept of Moral Panic”, Crime, Media, Culture, 4: 9-30.
Goswami, N. (2011)  “SFO Must Swallow its Medicine After Falling Short in its NHS Price-Fixing Case”. The Lawyer, January 11 2011 http://www.thelawyer.com/sfo-must-swallow-its-medicine-after-falling-short-in-nhs-price-fixing-case/133899.article accessed 2011-01-10
Gottfredson, M. R. and Hirschi, T. (1990) A General Theory of Crime,
 Stanford CA: Stanford University Press.

Greenwood , C. (2010) “Organised Crime Gangs Outwitting Police” The Independent July 13 2010.
Hare, R. D.(1993) Without Conscience: the Disturbing World of Psychopaths Among Us,  New York : Pocket Books.
Hare, R. D.(2003) Manual for the Revised Psychopathy Checklist (2nd edition) Toronto, Canada Multi Health Systems.
 Institute of Fiscal Studies (IFS) (21 October 2010) “Spending Review Cuts hit Poor Hardest”, says Institute of Fiscal Studies,  http://www.u.tv/news/Spending-review-cuts-hit-poor-hardest-says-Institute-of-Fiscal-Studies/96cdbe23-3770-47f3-94f9-a1697ebf9b03s
accessed 2011-03-06
MacPherson, W. (1999) Stephen Lawrence Inquiry, London: HMSO
Marx, K. and Engels, F. (1848) Manifesto of the Communist Party, in Marx-Engels Selected Works London: Lawrence and Wishart.
Marx, K. (1904) originally published (1859) Critique of Political Economy, New York: International Library.
Ministry of Justice (2008/09) Statistics on Race and the Criminal Justice System 2008/09, a Ministry of justice Publication under Section 95 of the Criminal Justice Act 1991.
Nelken, D. (2007), White-Collar and Corporate Crime: 4th Edition. Chapter 22, The Oxford Handbook of Criminology, edited by Mike Maguire, Rod Morgan, and Robert Reiner, Oxford: Oxford University Press.
Phillips, C. (2010) 'Institutional Racism and Ethnic Inequalities: An Expanded Multilevel Framework', Journal of Social Policy
Poundstone, W. (1992) Prisoners Dilemma, New York: Doubleday.
Pruitt, D. (1971) Choice shifts in group discussion: An introductory review. Journal of Personality and Social Psychology, 20(3), 339-360
Punch, M. (1996) Dirty Business, Exploring Corporate Misconduct: Analysis and Cases, London: Sage Publications Ltd.
Reiman, J.  (1984) the Rich Get Richer and the Poor Get Prison, New York: Macmillan
Sellin, T. (1938) Culture Conflict and Crime, New York: Social Science Research Council.
Slapper, G and Tombs, A S. (1999) Corporate Crime, Harlow: Longman.
Smith, R.,and Sidal, R. (Sep. 27 2010) “Banks Keep Failing, No End In sight” Wall Street Journal, Business Section.
Sutherland, E. (1937) the Professional Thief, Chicago: University of Chicago Press.
Sutherland, E. (1949;1983) White Collar Crime: The Uncut Version, New Haven: Yale University Press.
UK Police Online (Oct.16 2010) “Anger over Return of Sus Laws that will let Police target minorities”, http://www.ukpoliceonline.co.uk/index.php?/topic/43554-sus-laws/ accessed
WHO (2009) World Health Organisation :  Media Centre Medicines : Counterfeit Medicines. Factsheet No. 275.
Young, J. (1999)  the Exclusive Society? Social exclusion, crime and difference in   Late Modernity, London: Sage.
 Zimbardo, P.G. (1972). The Standford Prison  Experiment; A slidetape presentation produced by Philip G. Zimbardo, Inc., P.O. Box 4395, Stanford, California 94305 (b).

SUNLIGHT: NATURE`S OWN DISINFECTANT

A lot of the wisdom and common sense of days gone by is slowly vanishing in the mists of time. 
Back in the Edwardian and Victorian era, it was very fashionable to put sick consumptive patients outside in the fresh air for sun baths. Even in freezing cold weather ailing patients would be wheeled outside to bask in the sun.
These days many hospitals are built with little access to natural daylight. Certainly hospital patients are no longer taken outside for healthy sun baths. This is a great shame as ultra violet light has a potent germ killing and bacteriacidal property. Indeed, it has been demonstrated that ultra violet light will kill most living bacteria.
Sunlight is nature`s very own natural disinfectant. If you have a  bacterial skin infection then it would be wise to take regular sun baths. Sunlight also facilitates the production of vitamin D, often known as the sunshine vitamin. Low levels of vitamin D cause rickets, osteoporosis, heart disease and is even linked to some cancers (bowel).
So providing one is not fair skinned, a short sun bath is good for maintaining a healthy immune system and will aid patient recovery.

CLIMATE CHANGE AND HOME INSULATION


1.    Last Winter 13 million people in the U.K. were unable to heat their homes properly.
2.    Despite the current Government `s initiative only one in every hundred homes is properly insulated.
3.    A huge amount remains to be done in this area if the elderly are to remain safe from hypothermia.
4.    The current scheme of assisted insulation applies to homes with cavity wall insulation. However many older properties do not have any cavity walls to fill and thus remain freezing.
5.    More innovative ways of home insulation need to be considered to safeguard the nation in times of harsh winters.
6.    Proportionately far more people have died from the cold  in our country than from the heat; thousands died from cold induced illness last Winter according to Age Concern.
7.    Thus while effective insulation may reduce carbon emissions, it is primarily vital to prevent hypothermia.
8.    The debate is ongoing  as to whether we may be heading for another ice age or whether the Earth is warming.
9.    It is important to consider both of these diametrically opposed options and to be prepared for all eventualities.
10.                 In 2007 it was reported that 40 per cent of the Arctic ice cap had melted. This caused wide spread alarm about the rapid onset of global warming.
11.                 However a recent 2010  survey of the Arctic ice has found that all of this melted ice has now reformed and increased.
12.                 It is important to remember that air pollution has been proven to cool temperatures.
13.                 The minute sulphur aerosols present in pollution  reflect heat back into space.
14.                 Sulphur aerosols are  also widely present in volcanic eruptions.
15.                 In 1815 there was a huge eruption of the Tambora volcano.
16.                 The following year was known as the year without a Summer as global temperatures cooled by nearly one degree Celsius.
17.                 Sulphur aerosols also can contribute to acid rain which can harm trees and crops.
18.                 Coal fired power stations now have to have a lot of this sulphur emission removed by scrubbers. Ways of removing the Carbon dioxide from power stations  are still in their infancy.
19.                 The Carbon Capture and and Storage methods being investigated by this current Government are very costly and there is also the danger of explosions when the CO2 is pumped underground.
20.                  I believe a grave error has occurred in delineating carbon dioxide as a major pollutant. This is a very recent categorisation by Labour and I predict that one day it will be considered to have been a mistake. Carbon dioxide is non toxic and essential to all life and crops on our planet.
21.                 We now have laws to reduce our carbon emissions.
22.                 The EU directive has stipulated that many of our coal fired power stations must close.
23.                 This was mainly an initiative instigated by EU MEP s
24.                 However many experts are now worried that these closures may result in a serious  ENERGY GAP.
25.                 This may result in frequent power cuts in the U. K. in coming years.
26.                 It is a worrying fact that power cuts cost lives and damage the economy severely. Even with the construction of many more wind turbines there is still a predicted deficit in energy production which is concerning the experts.     During this bitterly cold Winter Drax Power Station was working flat out to keep the U. k warm and lit.
27.                 The EU directive aims to shut down Drax power plant completely.
28.                 The EU directive was based on the premise that there is an urgent need to curb carbon dioxide emissions.
29.                 However if the recent trend for colder Winters in the UK  and Northern Europe continues then we will be in very serious trouble indeed.
30.                 There will simply not be enough power generated to keep us warm.
31.                 This I why Governments now aim to increase and improve  on current home insulation schemes to save energy.
32.                 Historically the Earth has regularly plunged into and out of ice ages.
33.                 During warm inter glacials global temperatures have been as high as 68 degrees F in centuries past.
34.                 Currently global temperatures are averaged at 54 degrees F
35.                 We currently have ice at our ice caps while in previous eras there has been no ice at the poles at all.
36.                 So in the wide context of our planet` s history we are in a relatively cooler epoch.
37.                 The respected scientist Milankovitch has produced accurate mathematical models of how ice ages come about.
38.                 One of the main causes is the variation in solar radiation received .
39.                 The Earth`s  orbit varies over centuries so that we receive gradually more or less solar radiation.
40.                 The Earth is also like a spinning top , Sometimes its wobble on its axis tilts towards the sun and the planet warms.
41.                 Other times the Earth wobbles away from the sun and becomes cooler.
42.                 According to the former chief scientific advisor Sir David King we are heading for another cool period according to the respected Milankovitch model.
43.                 It may be possible that our presently slightly raised Carbon dioxide emissions are stalling this process.
44.                 This is what Sir David King , now leading  the Oxford 21st century school believes.
45.                 One has to consider all of the evidence before making hasty decisions to close down our power stations.
During the last ice age Manchester was under a mile of Ice!

Police Misconduct and ACPO

This police company is also to be stripped of its power to run undercover units following recent controversies about its Ratcliffe on Stour operation.  Embarrassed Police Minister Nick Herbert has announced that ACPO is to be stripped of all operational duties following the risible antics of undercover officers. Under cover officers employed to infiltrate activist groups ended up being the main protagonists and perpetrators of the acts of sabotage. This resulted in the police National Public Order Unit becoming an object of hilarity and ridicule. Certainly in January 2011 the press had a field day devoting several pages to the salacious, seedy exploits of the hapless police officer Mark Kennedy, who now says that he lives in fear of his life.
The National Public Order Unit costs five million pounds a year to run. It was set up initially to infiltrate animal rights groups who had sent letter bombs in the 1990`s. The Unit appears to have lost its way. The secretive Unit has now received such a blare of publicity one has to wonder about its future operational success. It seems that all the organisations which are attempting to uphold law and order are currently falling into disrepute.  It is small wonder then that so many powerful crime groups are evading capture or detection and driving Sir Paul Stephenson to despair.
The police have also come under fire for using the controversial kettling technique of crowd control. The premise of kettling is to prevent the crowd running riot and causing mayhem and criminal damage. However the technique has a serious drawback in that it indiscriminately herds up large numbers of innocent passersby. In 1989 bad policing of crowds led to the Hillsborough disaster where many football fans were crushed to death.
 Recently the technique of kettling was used during the student riots and this led to many complaints and threats of lawsuits. Innocent tourists as well as legitimate student protesters were kettled for several hours without food, drink or access to bathrooms. Some people fainted and many were hypothermic as the day turned to night. Some young school children started to burn their school books in an effort to keep warm. This was maliciously interpreted as acts of vandalism. However the poor children interviewed were clearly cold, hungry and frightened. This incident portrays the abuses of those holding the reins of power. These are certainly crimes against humanity. It depicts the abuse of Government State power as well as police powers of unlawful detainment. The angry Home Secretary even spoke of using water cannon against the crowd. Imagine the distress that would have caused to the already freezing cold hypothermic children.
The police have also attacked innocent bystanders without provocation. Recently Ian Tomlinson was killed by an unprovoked blow to his back as he walked passed a row of policemen at the G20 protests in London.
The police have also used pepper spray that has resulted in deaths. The peaceful anti racist protester Blair Peach was bludgeoned to death by a police baton in 1979.
  The weaponry of the police is becoming more suited to Armed Forces personnel. The police now use tasers and other supposedly less lethal weapons. A new long range acoustic device (LRAD) was used in Philadelphia University on peaceful students and lecturers.  This ultrasonic device causes excruciating pain in the ear as well as disorientation and collapse. It may even lead to deafness! Here in England the mosquito device has been used in South Wales and  in  an Oxford shopping precinct to deter young people from loitering (BBC News 2008). The Mosquito emits a painful ultrasound noise that can only be heard by young adults and children. It has been rightly criticised by human rights groups such as Liberty and Amnesty.
The police have also abused the stop and search powers of the anti terrorism Acts to target and harass ethnic minorities. In 1981 the hated SUS Laws gave rise to the Brixton and Toxteth riots. Plainly most of those stopped and searched are not terrorists. There is plenty of evidence to suggest that minority groups have been unfairly discriminated against by police use of Stop and Search Laws (Ministry of Justice, 2008/9). Indeed following the Lawrence inquiry the police were branded as being “institutionally racist”. Institutional racism was a term first coined by Sir William MacPherson following police failures in the investigation of the tragic death of Stephen Lawrence (MacPherson 1999). It referred to a collective failure to provide an appropriate service to people because of their ethnicity (Phillips 2010).The Director General of Prisons Martin Narey  warned that the prison service is institutionally racist in 2001 and proportionately more BME groups have died in custody (Phillips & Bowling 2002). It has also been estimated that BME groups are up to eight times more likely to be stopped and searched by the police using anti terror legislation. Indeed the Archbishop John Sentamu, who is from Uganda, complained that he himself has been stopped and searched several times when wearing secular clothing. Dr. John Sentamu believes that he has been stopped by police purely because of his Ugandan heritage. Under section 44 of the Anti Terrorism Act 2000 the police can stop and search anyone in a designated place on the merest hint of a suspicion. Any person the police might not like the look of may be searched under the pretext of national security. This has led to flagrant abuse of the powers by police officers.
 In 2009 there were around 150 thousand searches carried out by over zealous police officers (Ministry of Justice, 2008/09). This unacceptable police behaviour contravenes the Race Relations Act of 1974 which was amended in 2003. Tourists innocently taking photographs of iconic buildings such as the London Eye fell foul of the draconian legislation and many ethnic minorities were harassed (UK PoliceOnline 2010). This led to widespread complaints by civil liberty groups such as Liberty. Following a test case by a complainant in 2010, a judicial precedent was set. Henceforth the European Court of Human Rights ruled that the powers of stop and search were being abused and therefore deemed illegal.

THE TeGENERO FIASCO AND THE DANGERS OF EXTRAPOLATION FROM ANIMAL STUDIES



In March 2006 there was wide publicity about extreme medical reactions to a new drug being tested by Parexel in Northwick Park Hospital, London. A medical trial was conducted for the German biotechnology firm TeGenero using eight healthy male paid volunteers who each received two thousand pounds. Two of the participants were injected with the placebo while the remaining six received various concentrations of the experimental leukaemia drug, designed to provoke an immune response. The infusions were supposed to be delivered over two hours, but the hospital staff cut corners and gave the infusions every two minutes. Soon the volunteers were burning up with fevers and screaming in pain, begging for pain relief. The indifferent staff merely gave them a mild painkiller while the male subjects pleaded for medical help. Eventually the seriousness of their plight was realised and they were put into a medically induced coma after several hours of agony.  They were by then suffering from a cytokine storm of T cells and imminent organ failure and one man was dubbed the “elephant man” as his head ballooned in size. It was later deduced that the preceding animal trials which had cleared the drug for human use were of no use. This was due to the fact that sterile laboratory animals had been used that had an atypical immune system with no memory of previous infections. Unlike animals in the wild they had never encountered a disease or infection and therefore had an aberrant immune system that did not react to the monoclonal antibody drug TGN1412. On the basis of this flawed trial the experimental drug was cleared for the human phase of the trials. The ensuing catastrophe demonstrated the danger of casual extrapolation from sterile laboratory animals to humans. Since such atypical animals are still used in animal laboratories one may question the safety of such animal research. Animals such as monkeys are routinely used to test drugs with the assumption that they are our nearest relatives in the animal kingdom .Extrapolations are freely made from the apes to human beings. There are also the ethical problems to consider. Chimpanzees and other apes have been shown to be extremely intelligent by numerous studies. Apes have managed to complete mathematical tasks involving perfect memory recall in a shorter time than human volunteers. They are loveable creatures and their mistreatment has given rise to protest movements such as “SPEAK”. It is possible that in the future scientists will use artificial “virtual humans” to test the pharmaceutical products. A virtual human is a computer programme that may be used to simulate the hypothetical effects of drugs. The pros and cons of virtual humans have been debated widely. It seems that the animal laboratory technicians are winning as there are still numerous laboratories throughout the U.K. Some of these such as Huntingdon Life Sciences in Cambridge have been the scenes of severe protests by militant organisations such as the Animal Liberation Front (ALF).Occasionally such protesters go a bit too far and commit illegal acts of trespass and vandalism which do nothing to aid their cause. One member of the ALF even dug up a corpse of a family member connected with an animal testing facility. This ghoulish act received widespread censure and condemnation. The fundamental premise that animals should be treated humanely is undoubtedly a decent ideal. Various politicians have fought hard to establish a more principled set of guidelines to protect the rights of dumb animals who cannot speak.  MEP` s have campaigned long and hard in the European Parliament to ensure that Laboratory animals are treated humanely. Such animals are now given sedatives and put to sleep without pain, although there are still breaches of Home Office guidelines that occasionally come to light.
  The dangers of extrapolation from these caged animals are dramatically highlighted by the TeGenero disaster.  These hapless volunteers have now been left with permanent damage to their immune systems and one of them is showing signs of cancer. Many experts such as Dr. M. Ehrenstein of University College London felt that this was an inherently dangerous drug since it over- ruled the natural immune system`s T cells (Rosenthal 2006). The victims have not even received proper compensation as the biotechnology firm TeGenero became bankrupt following the disaster. This incident demonstrates how patient safety is often compromised in the lucrative rush to get products onto the marketplace. The drug testing company Parexel was severely criticised by the MHRA for the way it had conducted the trial.
This incident should set a red flag waving about the use of laboratory animals. The dose given to the male volunteers was five hundred times less diluted than that given to the monkeys who had not suffered any obvious side effects. Clearly this terrible case should cause a review of testing procedures. It also indicates the dangers of extrapolation from animal studies to human patients.
Laboratory animals raised in a sterile environment have completely different immune systems that lack memory immune cells.
A drug that was approved by testing on laboratory animals for Parkinsons Disease has been discovered to have a bizarre side effect. Pramipexole has sent users to the gambling casinos. The drug causes a gambling compulsion in humans that would not have been indicated in a laboratory kept animal. There are no Las Vegas style casinos in the humble sterile animal laboratory!! The drug given to sufferers of Parkinsons  disease has been shown to cause compulsive gambling and some users have lost a fortune at the casinos where previously they never gambled. The dopamine agonist also caused an obsession with sex. These behaviours are clearly mediated by the brain`s dopamine  reward neurotransmitter system. Dopamine has been posited as being a reward and pleasure facilitating neurotransmitter. All symptoms ceased when the drug was withdrawn. Several lawsuits have been filed against the manufacturers of Pramipexole (Health News 2010). Some of the unfortunate patients taking the drug lost a fortune at the roulette tables before the problem was identified. A corollary of this interesting side-effect may be the insights gained into compulsive gambling. It seems reasonable to deduce that the dopamine reward system must be heavily implicated in such behaviour.