Encarceramento feminino: um debate entre criminologia e perspectivas feministas / Female incarceration: a debate between criminology and feminist perspectives / Encarcelamiento femenino: un debate entre la criminología y las perspectivas feministas

Este ensaio teórico-reflexivo tem como objetivo discutir sobre as contribuições dos estudos da criminologia e sua crítica para as diversas formas de aprisionamento feminino, e mais atualmente para o encarceramento em massa no sistema prisional, além de abrir espaço para o debate sobre as diferentes perspectivas feministas e as relações com os estudos criminológicos, sobretudo com os posicionamentos da chamada criminologia crítica. Reconhecem-se importantes avanços e conquistas feministas no debate sobre a estruturação masculinizada do direito penal e do seu fazer jurídico, mas também a manutenção de diversas formas de violência de gênero que configuram um sistema penal antropocêntrico, seletivo, racista e discriminatório. Indica-se a urgência de estudos interseccionais que considerem as particularidades e reinvindicações das mulheres no cárcere e suas formas de militância, sobretudo diante de população carcerária feminina composta majoritariamente por mulheres negras, pobres e periféricas. Faz-se visível a necessidade de uma análise dos fatores que atravessam o encarceramento feminino por uma ótica feminista plural, adequada às realidades que se estudam e atenta às múltiplas perspectivas que podem existir dentro do feminismo.(AU)

This theoretical-reflexive essay aims to discuss the contributions of criminological studies and their critique of the various forms of imprisonment of women, and more recently of mass incarceration in the prison system, in addition to opening space for the debate on the different feminist perspectives and their relations with criminological studies, especially with the positions of the so-called critical criminology. Important feminist advances and conquests are recognized in the debate about the masculinized structure of penal law and its legal practice, but also the maintenance of diverse forms of gender violence that configure an anthropocentric, selective, racist, and discriminatory penal system. It indicates the urgency of intersectional studies that consider the particularities and claims of women in prison and their forms of militancy, especially in the face of the female prison population composed mostly of black, poor, and peripheral women. The need for an analysis of the factors that cross women's imprisonment from a plural feminist perspective, adequate to the realities under study and attentive to the multiple perspectives that may exist within feminism, becomes visible.(AU)

Este ensayo teórico-reflexivo pretende discutir las aportaciones de los estudios criminológicos y su crítica a las distintas formas de encarcelamiento femenino, y más recientemente de encarcelamiento masivo en el sistema penitenciario, además de generar debate sobre las distintas perspectivas feministas y sus relaciones con los estudios criminológicos, especialmente con las posiciones de la Criminología Crítica. Se reconocen importantes avances y logros feministas en el debate sobre la estructuración masculinizada del derecho penal y su práctica jurídica, además del mantenimiento de diversas formas de violencia de género que configuran un sistema penal antropocéntrico, selectivo, racista y discriminatorio. Se necesitan estudios interseccionales que consideren las particularidades y reivindicaciones de las mujeres en prisión y sus formas de militancia, principalmente ante la población penitenciaria femenina compuesta mayoritariamente por mujeres negras, pobres y periféricas. Se hace evidente la necesidad de analizar los factores que inciden en el encarcelamiento femenino desde una perspectiva feminista plural, adecuada a las realidades que se estudian y atenta a las múltiples perspectivas que pueden existir dentro del feminismo.(AU)

Feeding friend and foe: ample pollen mitigates the effects of pollen theft for a gynodioecious plant, Polemonium foliosissimum (Polemoniaceae).

BACKGROUND AND AIMS: Most angiosperms rely on pollinators to transport pollen and effect fertilization. While some floral visitors are effective pollinators, others act as thieves, consuming pollen but effecting little pollination in return. The importance of pollen theft in male and female reproductive success has received little attention. Here, we examined if pollen consumption by flies altered pollen receipt and exacerbated pollen limitation for a bumblebee-pollinated plant, Polemonium foliosissimum (Polemoniaceae). METHODS: To examine the effect of pollen-thieving flies, we took a three-pronged approach. First, we used single-visit observations to quantify pollen removal and pollen deposition by flies and bumblebees. Second, we manipulated pollen in the neighbourhood around focal plants in two years to test whether pollen reduction reduced pollen receipt. Third, we combined pollen reduction with hand-pollination to test whether pollen thieving exacerbated pollen limitation. Polemonium foliosissimum is gynodioecious in most populations in the Elk Mountains of central Colorado, USA. Thus, we also tested whether pollen theft affected hermaphrodites and females differently. RESULTS: Flies removed significantly more pollen and deposited less pollen per visit than did bumblebees. Reduction of pollen in the neighbourhood around focal plants reduced pollen receipt in both years but only nearly significantly so in 2015. In 2016, plants were significantly pollen-limited; hand-pollination significantly increased seeds per fruit for both hermaphrodites and females. However, the reduction of pollen around focal plants did not exacerbate pollen limitation for either hermaphrodites or females. CONCLUSIONS: Our results suggest that plants tolerate significant consumption of pollen by thieves and pollinators by producing ample pollen to feed both and fertilize available ovules. Our results demonstrate that pollen limitation in P. foliosissimum is driven by lack of effective pollinators rather than lack of pollen. Teasing out these effects elucidates the relative importance of drivers of reproductive success and thus the expected response to selection by different floral visitors.

Biopiracy: Abolish Corporate Hijacking of Indigenous Medicinal Entities.

Biopiracy as "a silent disease" is hardly detectable because it does not leave traces frequently. The corporate hijacking of food is the most important health hazard in this era; giant commercial enterprises are using intellectual property rights to patent indigenous medicinal plants, seeds, genetic resources, and traditional medicines. The new era of biotechnology relies on the genes of living organisms as raw materials. The "Gene Rush" has thus become similar to that of the old "Gold Rush." Sri Lanka has been spotted in the top 34 biodiversity hotspots globally. Moreover, localized in the tropics, human generations in Sri Lanka have utilized the array of plant species for herbal treatments and treatment of diseases. Sri Lanka after its 30-year civil war is moving towards a solid growth and conservation of the environment which is a major component in a sustainable development where the conservation of biodiversity plays a significant role. In this paper, we present an overview of typical cases of global biopiracy, bioprospecting via introduction of cost-effective deoxyribonucleic acid (DNA) fingerprinting and international protocol with Private-Public-People Partnership concept as excellent forms of utilization of natural resources. We propose certain perspectives as scientists towards abolishing biopiracy and also to foster the fair utilization of natural resources; since the economy of most developing countries is agriculture based, the gross domestic product of the developing countries could be increased by enhanced bioprospecting via introduction of cost-effective DNA fingerprinting technologies and thus not being a pray of corporate hijacking."Biopiracy is biological theft; illegal collection of indigenous plants by corporations who patent them for their own use" (Vandana Shiva).

Biopiracy and the right to self-determination of indigenous peoples.

BACKGROUND: Since over thirty years, I work on the unclear legal situation of in which indigenous peoples find themselves today in the beginning mainly in the USA and later also in Canada, Australia and New Zealand. The status of indigenous people and native nations is characterized as a mixture of national and international law. Hypothesis/Purpose: To clarify the status of indigenous people it is necessary to analyze and interpret carefully hundreds of old treaties, international declarations and covenants, national statutes and jurisprudence, especially the old leading decisions of the US-Supreme Court. Such an analysis and interpretation should prove that indigenous people have the defensive right of self determination. RESULTS: The study outlines the old decisions of the US-Supreme Court with its inherent contradictions which highly influenced the status of indigenous people in all other countries until now. It clarifies the important new developments in international law especially the non binding Declaration on the Rights of Indigenous Peoples and its effects on the interpretation of international and national law in regard to biopiracy. For this purpose it is necessary to use the methods of judgmental comparative law, historical and teleological interpretation. CONCLUSION: By expressly stating that indigenous peoples have a right to self-determination, the Declaration on the Rights of Indigenous Peoples of 2007 complements the protection stipulated in the Charter and the Covenants of 1966. Although the declaration itself is not legally binding as it is a resolution of the UN General Assembly, it can serve as a blueprint to show the rights that indigenous peoples can derive from international law as well as rights which should ideally be granted to them by the states even though they are not yet binding customary or treaty law. Self-determination means exactly that, it is up to the bearers of the right to decide how they want to utilize this right and then work together with the state in which they live in defining a joint framework.

Biopiracy in India: Seed diversity and the scramble for knowledge.

BACKGROUND: Biopiracy has usually been discussed mostly in the context of the life sciences, sometimes in dialogue with legal debates or political implications. This paper provides a humanities perspective on contemporary discussions of biopiracy and biopatenting. HYPOTHESIS: It proceeds from the hypothesis that contemporary debates and practices of biopiracy can be understood as harking back to colonial legacies, which systematically disregard "native" knowledge or seek to appropriate it for their own purposes. RESULTS: Drawing on the work of Vandana Shiva, the present article seeks to redefine the notion of ownership of knowledge from a cultural studies perspective. Exploring the 2016 documentary film Seed: The Untold Story, it analyses counter-discourses to practices of biopiracy. CONCLUSION: The paper concludes that given the roots of biopiracy in colonial legacies, forms of resistance may need to appropriate colonialist epistemologies. One example of such appropriation is Vandana Shiva's own campaign, which casts seed ownership in the imagery and rhetoric of Mahatma Gandhi's fight against British colonialism in India. Finally, the article ends by suggesting that issues of biopiracy need to be seen in larger context. Drawing on the work of cultural philosopher Hans-Ulrich Gumbrecht, it argues that the problem of the twenty-first century may be a scramble for natural resources such as the right for clean water. Biopiracy is hence far from a debate linked only to specific cases in particular locales, but is part of a global epistemological and political framework, which has systematically disenfranchised communities of color and countries of the global South.

Biopiracy versus One-World Medicine-From colonial relicts to global collaborative concepts.

BACKGROUND: Practices of biopiracy to use genetic resources and indigenous knowledge by Western companies without benefit-sharing of those, who generated the traditional knowledge, can be understood as form of neocolonialism. HYPOTHESIS: The One-World Medicine concept attempts to merge the best of traditional medicine from developing countries and conventional Western medicine for the sake of patients around the globe. STUDY DESIGN: Based on literature searches in several databases, a concept paper has been written. Legislative initiatives of the United Nations culminated in the Nagoya protocol aim to protect traditional knowledge and regulate benefit-sharing with indigenous communities. The European community adopted the Nagoya protocol, and the corresponding regulations will be implemented into national legislation among the member states. Despite pleasing progress, infrastructural problems of the health care systems in developing countries still remain. Current approaches to secure primary health care offer only fragmentary solutions at best. Conventional medicine from industrialized countries cannot be afforded by the impoverished population in the Third World. Confronted with exploding costs, even health systems in Western countries are endangered to burst. Complementary and alternative medicine (CAM) is popular among the general public in industrialized countries, although the efficacy is not sufficiently proven according to the standards of evidence-based medicine. CAM is often available without prescription as over-the-counter products with non-calculated risks concerning erroneous self-medication and safety/toxicity issues. The concept of integrative medicine attempts to combine holistic CAM approaches with evidence-based principles of conventional medicine. CONCLUSION: To realize the concept of One-World Medicine, a number of standards have to be set to assure safety, efficacy and applicability of traditional medicine, e.g. sustainable production and quality control of herbal products, performance of placebo-controlled, double-blind, randomized clinical trials, phytovigilance, as well as education of health professionals and patients.

Biopiracy of natural products and good bioprospecting practice.

BACKGROUND: Biopiracy mainly focuses on the use of biological resources and/or knowledge of indigenous tribes or communities without allowing them to share the revenues generated out of economic exploitation or other non-monetary incentives associated with the resource/knowledge. METHODS: Based on collaborations of scientists from five continents, we have created a communication platform to discuss not only scientific topics, but also more general issues with social relevance. This platform was termed 'PhytCancer -Phytotherapy to Fight Cancer' (www.phyt-cancer.uni-mainz.de). As a starting point, we have chosen the topic "biopiracy", since we feel this is of pragmatic significance for scientists working with medicinal plants. RESULTS: It was argued that the patenting of herbs or natural products by pharmaceutical corporations disregarded the ownership of the knowledge possessed by the indigenous communities on how these substances worked. Despite numerous court decisions in U.S.A. and Europe, several international treaties, (e.g. from United Nations, World Health Organization, World Trade Organization, the African Unity and others), sharing of a rational set of benefits amongst producers (mainly pharmaceutical companies) and indigenous communities is yet a distant reality. In this paper, we present an overview of the legal frameworks, discuss some exemplary cases of biopiracy and bioprospecting as excellent forms of utilization of natural resources. CONCLUSIONS: We suggest certain perspectives, by which we as scientists, may contribute towards prevention of biopiracy and also to foster the fair utilization of natural resources. We discuss ways, in which the interests of indigenous people especially from developing countries can be secured.

Discrimination of ginseng cultivation regions using light stable isotope analysis.

Korean ginseng is considered to be a precious health food in Asia. Today, thieves frequently compromise ginseng farms by pervasive theft. Thus, studies regarding the characteristics of ginseng according to growth region are required in order to deter ginseng thieves and prevent theft. In this study, 6 regions were selected on the basis of Korea regional criteria (si, gun, gu), and two ginseng-farms were randomly selected from each of the 6 regions. Then 4-6 samples of ginseng were acquired from each ginseng farm. The stable isotopic compositions of H, O, C, and N of the collected ginseng samples were analyzed. As a result, differences in the hydrogen isotope ratios could be used to distinguish regional differences, and differences in the nitrogen isotope ratios yielded characteristic information regarding the farms from which the samples were obtained. Thus, stable isotope values could be used to differentiate samples according to regional differences. Therefore, stable isotope analysis serves as a powerful tool to discriminate the regional origin of Korean ginseng samples from across Korea.

Judging veracity impairs eyewitnesses' memory of a perpetrator.

Witnesses to crimes sometimes perform cognitively demanding tasks while simultaneously observing a perpetrator. This division of attentional resources can cause witnesses to remember the perpetrator less accurately. We hypothesised that judging the veracity of a target individual can impair subsequent memory for his or her appearance and message. In Experiment 1, we demonstrated that the veracity judgement task is cognitively demanding by having participants perform a concurrent secondary task. In three additional experiments, we confirmed that witnesses who judged the veracity of a target remembered his or her appearance and message less accurately than witnesses who simply observed the target. We also extended this result by showing that suspicion amplified the memory impairment effect, apparently by inducing witnesses to allocate even more resources to the judgement task (Experiments 2a and b), and that witnesses' memory was less accurate when they used a cue within the message content rather than a nonverbal cue to judge veracity (Experiment 3). Contrary to our prediction, however, witnesses who monitored two cues versus one did not display worse memory performance.

Retrieval does not always enhance suggestibility: testing can improve witness identification performance.

Verbally recalling the appearance of a perpetrator and the details of an event can sometimes hinder later eyewitness memory performance. In two experiments, we investigated the effects of verbally recalling a face on people's ability to resist subsequent misinformation about that face. Participants watched a video of a theft and then completed either a recall test or a distractor activity. After a delay, some participants heard a piece of misinformation. Memory was assessed with a recall test in Experiment 1 and with a target-present lineup in Experiment 2. In both experiments, initial testing reduced eyewitness suggestibility for the face.

Solving crimes with hypnosis.

Following a brief review of the literature on hypnosis and memory, this paper overviews the procedures that are used in conducting forensic hypnosis interviews. Ten forensic hypnosis cases are then described. These real world cases are in stark contrast to research done in an artificial laboratory setting where the information to be recalled lacks personal relevance and was not associated with emotionally arousing situations. These cases illustrate how forensic hypnosis can result in obtaining important additional investigative leads which lead to the solving of crimes.

Refusal skill ability: an examination of adolescent perceptions of effectiveness.

This pilot study examined whether refusal assertion as defined by a proven drug prevention program was associated with adolescent perceptions of effectiveness by comparing two sets of coded responses to adolescent videotaped refusal role-plays (N = 63). The original set of codes was defined by programmatic standards of refusal assertion and the second by a group of high school interns. Consistency with programming criteria was found for interns' ratings of several indicators of verbal and non-verbal assertiveness. However, a strategy previously defined by the program as effective was perceived as ineffective by adolescents while another deemed ineffective and problematic by intervention developers was viewed as effective. Interns endorsed presenting detailed and reasonable arguments as an effective refusal strategy while short, simple statements were deemed ineffective. This study suggests the importance of including adolescent perspectives in the design, delivery, and evaluation of drug prevention strategies.

Inoculation or antidote? The effects of cognitive interview timing on false memory for forcibly fabricated events.

This study examined whether a cognitive interview (CI) can counteract the effects of suggestive interviews involving forced fabrication. College students witnessed a filmed event and were later forced to fabricate answers to misleading questions about the event. All witnesses were interviewed with a non-leading CI or free recall (FR) either before or after the forced fabrication phase. A week later participants completed a recognition and source monitoring (SM) test of video content. Relative to FR, the CI administered before the forced fabrication interview increased reports of correct details and reduced false assents to fabricated items. A CI after resulted in false memory rates comparable to the FR group. Early interviews using CI techniques may protect against memory loss and misinformation effects.

Memory for actions of an event: older and younger adults compared.

Previous studies have shown increased false memory effects in older compared to younger adults. To investigate this phenomenon in event memory, in the present study, the authors presented younger and older adults with a robbery. A distinction was made between verbal and visual actions of the event, and recognition and subjective experience of retrieval (remember/know/guess judgments) were analyzed. Although there were no differences in hits, older adults accepted more false information as true and, consequently, showed less accurate recognition than younger adults. Moreover, older adults were more likely than younger adults to accompany these errors with remember judgments. Young adults accepted fewer false verbal actions than visual ones and awarded fewer remember judgments to their false alarms for verbal than for visual actions. Older adults, however, did not show this effect of type of information. These results suggest that aging is a relevant factor in memory for real-life eyewitness situations.

Reevaluating the potency of the memory conformity effect.

Witnesses sometimes report event details that are acquired solely from another witness. We reevaluated the potency of this memory conformity effect. After viewing a crime video, some participants learned about nonwitnessed details via discussion (dyad group), reading another participant's report (read group), or watching another version of the video (both-video group). In Experiment 1, these participants often reported nonwitnessed details, but on a source-judgment test most details were attributed primarily to the actual source rather than to the video. In addition, the dyad group was not more likely than the read or both-video groups to report nonwitnessed details. Participants in Experiment 2 were explicitly discouraged from providing details that were remembered from the secondary source only. These postwarning instructions substantially reduced the memory conformity effect, and a dyad group was not more likely than a read group to report nonwitnessed details. Encouraging source monitoring at test can reduce the negative consequences of co-witness collaboration.

Acceptance and confidence of central and peripheral misinformation.

We examined the memory for central and peripheral information concerning a crime and the acceptance of false information. We also studied eyewitnesses' confidence in their memory. Participants were shown a video depicting a bank robbery and a questionnaire was used to introduce false central and peripheral information. The next day the participants completed a recognition task in which they rated the confidence of their responses. Performance was better for central information and participants registered more false alarms for peripheral contents. The cognitive system's limited attentional capacity and the greater information capacity of central elements may facilitate processing the more important information. The presentation of misinformation seriously impaired eyewitness memory by prompting a more lenient response criterion. Participants were more confident with central than with peripheral information. Eyewitness memory is easily distorted in peripheral aspects but it is more difficult to make mistakes with central information. However, when false information is introduced, errors in central information can be accompanied by high confidence, thus rendering them credible and legally serious.

Acceptance and Confidence of Central and Peripheral Misinformation

We examined the memory for central and peripheral information concerning a crime and the acceptance of false information. We also studied eyewitnesses’ confidence in their memory. Participants were shown a video depicting a bank robbery and a questionnaire was used to introduce false central and peripheral information. The next day the participants completed a recognition task in which they rated the confidence of their responses. Performance was better for central information and participants registered more false alarms for peripheral contents. The cognitive system’s limited attentional capacity and the greater information capacity of central elements may facilitate processing the more important information. The presentation of misinformation seriously impaired eyewitness memory by prompting amore lenient response criterion. Participants were more confident with central than with peripheral information. Eyewitness memory is easily distorted in peripheral aspects but it is more difficult to make mistakes with central information. However, when false information is introduced, errors in central information can be accompanied by high confidence, thus rendering them credible and legally serious (AU)

Estudiamos la aceptación de información falsa y la memoria de contenidos centrales y periféricos sobre un crimen. Además, también nos interesamos por la confianza que los testigos tienen en su memoria. Los participantes vieron un vídeo sobre un robo a un banco, inmediatamente después completaron un cuestionario con preguntas en las que se introdujo información falsa sobre contenidos centrales y periféricos y, un día después, completaron una prueba de reconocimiento en la que también indicaron su confianza en la respuesta. El rendimiento fue mejor con contenidos centrales y hubo más falsas alarmas con periféricos. Este resultado puede explicarse a partir de la limitada capacidad atencional del sistema cognitivo y de la mayor capacidad informativa de los contenidos centrales, que puede promover su procesamiento preferencial. La presentación de información falsa empeoró el testimonio al provocar un criterio de respuesta más laxo y la confianza fue mayor ante contenidos centrales que periféricos. Se concluye que es fácil alterar la memoria de un testigo sobre aspectos periféricos, pero es más difícil con aspectos centrales. Sin embargo, cuando se presenta información falsa, los errores con información central pueden evaluarse con confianza alta, lo que los haría potencialmente creíbles y peligrosos en el sistema judicial (AU)

On the presumption of evidentiary independence: can confessions corrupt eyewitness identifications?

A confession is potent evidence, persuasive to judges and juries. Is it possible that a confession can also affect other evidence? The present study tested the hypothesis that a confession will alter eyewitnesses' identification decisions. Two days after witnessing a staged theft and making an identification decision from a lineup that did not include the thief, participants were told that certain lineup members had confessed or denied guilt during a subsequent interrogation. Among those participants who had made a selection but were told that another lineup member confessed, 61% changed their identifications. Among those participants who had not made an identification, 50% went on to select the confessor when his identity was known. These findings challenge the presumption in law that different forms of evidence are independent and suggest an important overlooked mechanism by which innocent confessors are wrongfully convicted: Potentially exculpatory evidence is corrupted by a confession itself.

"Don't know" responding to answerable and unanswerable questions during misleading and hypnotic interviews.

"Don't know" (DK) responses to interview questions are conceptually heterogeneous, and may represent uncertainty or clear statements about the contents of memory. A study examined the subjective intent of DK responses in relation to the objective status of information queried, in the context of memory distorting procedures. Participants viewed a video and responded to answerable and unanswerable questions phrased in misleading or nonmisleading formats, while hypnotized or not hypnotized. Subjective meanings of DK responses were queried, and a recognition measure assessed the contents of memory. Lower DK and accuracy rates were consistently associated with unanswerable and misleading questions. One-third of DK responses were statements that the information had no not presented. When these were recoded, accuracy estimates for answerable questions decreased and more so for hypnotized participants. These results demonstrate that DK responses convey different types of information, thus accuracy estimates in studies that permit DK responses may be misestimated. Robust risks associated with asking unanswerable questions and asking questions at all were observed. Implications for working with DK responses during interviews are discussed.

"With a little help from my friends...": the role of co-witness relationship in susceptibility to misinformation.

Inaccuracies in eyewitness accounts can occur when witnesses are exposed to post-event misinformation via discussion with a co-witness. The current study examined the role of co-witness relationship by comparing the memory performance of pairs of romantic couples, friends and previously unacquainted strangers with that of individuals. Ninety-six participants viewed an event and then discussed the witnessed event with a stranger, a romantic partner or a friend. One member of each pair saw a theft take place during the witnessed event. Individual group participants did not discuss the witnessed event with anyone. Results indicate that all co-witness dyads produced less accurate recall accounts than participants who did not interact with another witness. However, witnesses who were previously acquainted with their co-witness (either in a friendship or romantic relationship) were significantly more likely to report information obtained from their co-witness that they had not seen themselves. Prior acquaintance also led to an increased number of incorrect attributions of both guilt and innocence.