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The objectives of this dissertation are: (1) to propose a heuristic distinction between expressive revenge violence and its strategic variant, termed reprisal violence; (2) to test this distinction through a within-case analysis of five regions of Kosovo during the period 1999-2001; and (3) to determine how the deterrent posture of law enforcement authorities, including UN-led peacekeepers and civilian police, affected the incidence and magnitude of reprisal attacks. First, this study defines ideal types of ‘revenge’ and ‘reprisal,’ identifies the empirical implications of each and proposes a dual-level causal model - comprised of both structural variables and causal mechanisms - to explain variation in the incidence and magnitude of both types of attacks. Second, using unpublished crime statistics collected by the United Nations Mission in Kosovo (UNMIK), it tests four alternative hypotheses to explain the regional variations in violent crime in Kosovo, particularly attacks against targeted groups such as the Serbs and Roma. Finding that a significant amount of the regional variation can be explained as reprisal violence, it evaluates the causal impact of two variables - the concentration of targeted groups and the extent of wartime damage - on reprisal attacks. Turning to the relational approach to collective violence, this study strengthens these findings by locating evidence of the causal mechanisms behind reprisal violence in the qualitative data on interethnic violent crime. Finally, this study analyzes the law enforcement posture of peacekeepers and police forces in Kosovo and catalogues the political, operational and strategic obstacles that they encountered. It finds that none of the law enforcement organizations anticipated the scale of the reprisal attacks or had the capacity to deter them. It concludes that a failure to draw the conceptual distinction between revenge and reprisal violence critically undermined the effectiveness of the UN mission and imperiled the prospects of peace in Kosovo.

In the last fifteen years, offender profiling has emerged in the United Kingdom to be generally regarded as having an important contribution to make to the investigation of very serious crimes, as well as being a perennial source of interest for the popular media. Despite this, very few critical evaluations of the theoretical and empirical basis for profiling have been carried out. The focus of this thesis is to provide such an evaluation, specifically on the use of offenders' offence behaviour to behaviourally profile and link serial, stranger rape offenders and offences. The research adds to the study of profiling and linking by providing a broader review of the problems in studying rape, such as legal definitions, the dark figure and differential reporting. The question of why profiling and linking make an assumption of behavioural consistency is examined and is suggested to lie in the adoption of a strongly motivation emphasis to the conceptualisation of the offender drawn from the broader aetiology of rape literature. These motivational explanations are contrasted against alternative theories of rape causation. The specific literature on the profiling and linking of rape is then reviewed, the relationship between profiling and linking assessed and then the evidence for the efficacy of profiling and linking examined. All are found wanting. Retheorisations of both the offender and the criminal event are offered with a less direct relationship between the two and the implications for profiling discussed. Finally, an empirical analysis of offender and offence data collected for this research is used to provide empirical support to some of the arguments made in the preceding discussion.

The focus of this paper is on the moral limits of the criminal law with respect to the criminalisation of passive begging. In the first Chapter, I outline the problem of overcriminalisation and argue that the contemporary unprincipled approach to criminalisation has led to an overcriminalisation phenomenon. My second chapter examines the criminalisation of passive begging pursuant to the Offence Principle. I argue that passive begging is normatively wrongful and offensive when it treats others with a gross lack of respect and consideration. The moral investigation considers a number of intersecting conventional, contextual and normative factors to build a normative case for claiming that a person has been treated with a gross lack of respect and consideration. I conclude that passive begging is only offensive and wrongfully disrespectful when the beggar solicits a totally captive auditor, such as soliciting those who are held captive in public buses <i>etc.</i> My third chapter considers the criminalisation of passive begging with reference to the Harm Principle. I argue that passive begging is not harmful for the purposes of criminalisation. I also deal with the broken-windows justification for criminalising passive begging. The broken-windows thesis asserts that passive begging is indirectly harmful because it causes other independent parties to commit crimes in the broken-windows area. Allegedly, the beggars signal that the broken-windows area is un-policed and is an easy target for crime. I argue that people can only be criminalised for the remote (‘but for’) consequences of their actions when critical moral reasons can be produced to link them to the primary harm of which they are being held responsible. In my fourth chapter, I address Professors Ripstein and Dan-Cohen’s claim that the Harm Principle ought to be jettisoned as a principle for limiting the scope of the criminal law.

A new approach to 'Third World' criminology is called for and I will propose in this thesis that the study of 'crime' in the 'Third World' should produce a 'cultural criminology' based on the 'cultural specificity' of a particular society. Central features in achieving 'cultural criminology' are cultural specificity and the cultural context within which all social interaction is located. Cultural specificity as applied to a society is primarily derived from ethnographic materials and should include an account of the pre-history and historical changes within that culture, an analysis of the commonalties and differences (where there are diverse cultures within a State) and an explicit statement of local definitions and conceptions of notions such as 'offence', 'justice' and 'reparation'. To be culturally specific is to present a "bottom-up" approach complementing and informing the customary analyses grounded in the political, economic and structural aspects of a society. This study seeks to determine cultural specificity in four societies within the nation of Papua New Guinea, a country made up of many diverse cultural groups and where more than 8000 languages are spoken. Western notions of "crime" and "offence" are discarded in favour of a search for local definitions and a central theme of this work is the cultural specificity of 'violence'. The notion of 'violence' is problematised and replaced with a contextual analysis of 'responses to injury' (grievances). Linking this analysis with a reinterpretation of decisions of the National and Supreme Courts in serious crimes of 'violence' produces knowledge about a range of responses, beliefs, values, expectations of conduct, the centrality of relationships, requirements for reciprocity and reconciliation, notions of justice and justifications, which, when taken together tend to suggest that despite modernisation, changes have been appropriate into a local conceptual framework for responding to and dealing with injuries.