Liz Campbell | Monash University (original) (raw)

Books by Liz Campbell

This edited collection focuses on the phenomenon of corruption in (non-)criminal commercial enter... more This edited collection focuses on the phenomenon of corruption in (non-)criminal commercial enterprise, that is, in legitimate and illegitimate business. It examines the interdependencies between organised crime and corruption in the context of criminal and non-criminal enterprise in domestic and international commerce in a range of OECD countries. The collection adopts a multi-disciplinary and jurisdictionally comparative approach, involving contributions from international academics and practitioners in the fields of law, criminology, sociology and political science.

New Zealand was an early adopter of DNA forensic technology. It has now been 20 years since the C... more New Zealand was an early adopter of DNA forensic technology. It has now been 20 years since the Criminal Investigations (Bodily Samples) Act 1995 was introduced, and since then the range and power of DNA forensics, as well as the powers of the state to obtain DNA samples, have expanded rapidly, raising questions about the implications for criminal justice and human rights.

This book provides a framework for discussion of these implications, and makes recommendations for how to proceed with laws about the collection and retention of DNA samples from those suspected of committing a crime. It covers the history of the science and law underpinning the use of DNA forensic technology (including comparison with other jurisdictions); the balancing of a suspect’s rights with the public interest in reducing crime; and such issues as the DNA sampling of children and youth, familial searching, and the retention of DNA from non-convicted persons.

Criminal Law: Cases and Commentary is a new book from Clarus Press designed to help law students ... more Criminal Law: Cases and Commentary is a new book from Clarus Press designed to help law students to understand the fundamental rules, principles and policy considerations that govern the criminal law in Ireland. It attempts to address a comprehensive range of issues including, the definition of a crime, its various classifications, the imposition of liability, the range of substantive criminal law offences, the procedural rules that shape the pre-trial and trial processes and the possible defences that may arise.

It provides students with a broad range of perspectives including formal case law, statutory and constitutional provisions, academic commentaries and Law Reform Commission policy recommendations. It combines domestic law with ECHR jurisprudence and persuasive authorities from other jurisdictions. Through a careful combination of the criminal rules along with excerpts from cases, articles, notes and texts, this book seeks to inform the user of the formal criminal law and provide a gateway to some of the more conceptual debates in the subject area.

The primary purpose of the book is to broaden the reading horizons of law students. It seeks not only to trace the lines of development of the various rules emanating from the courts and the legislature, but also to provide an entry point for broader discursive analysis of the workings of those rules, the ideological currents running through them and the policy implications for choosing one rule over another.

Papers by Liz Campbell

British Journal of Criminology, 2019

This article analyses the market dynamics of the misuse of 'corporate vehicles' in the management... more This article analyses the market dynamics of the misuse of 'corporate vehicles' in the management of finances generated from, and for, organised, white-collar and corporate crimes. The term 'corporate vehicles' is a policy construct used to refer to legitimate, legal structures, like trusts and companies that facilitate a range of commercial activities. Such vehicles also provide opportunities for those involved in serious crimes for gain to control, convert and conceal their illicit finances, usually with the assistance of professional intermediaries, like lawyers or financial advisors. This article empirically investigates key market features (actors/providers, commodities/products, services) and conditions (supply, demand, regulation, competition), with particular focus on professional intermediaries and how they facilitate the control of other peoples' dirty money.

The United Kingdom’s withdrawal from the European Union poses many challenges for the policing an... more The United Kingdom’s withdrawal from the European Union poses many challenges for the policing and investigation of organised crime. The preferred option of most experts and commentators is retention of the status quo, in terms of maintenance of access to key structures and tools.

I've just published a paper setting out the most significant mechanisms that currently facilitate police cooperation between the UK and the EU in respect of such criminality. It considers these in turn, sketching out the desired objectives in terms of existing structures and mechanisms, the obstacles in terms of likely legislative, process or political barriers to the UK’s ongoing participation, and the options available to the UK Government. It presents the proposed content of the strategic negotiations that should take place in respect of Brexit and mutual assistance in policing and investigating organised crime.

The phenomenon of ‘corruption by organised crime’ is the subject of increased attention from poli... more The phenomenon of ‘corruption by organised crime’ is the subject of increased attention from policymakers in the UK. This focus is notable, given the limited political and academic consideration of the scope and meaning of this intersecting term. Both ‘organised crime’ and ‘corruption’ are difficult notions to pin down, definitionally and empirically, and such complexity is compounded by their conjunction. In this article, I problematize the dominant conceptualization of ‘corruption by organised crime’, and suggest that it is questionable in an abstract as well as operational sense. Given the ambiguity of the constituent concepts, as well as the implications for the development of criminal justice policy and law, I call for caution in its use. Instead I propose that we refer, and thus respond, to specific manifestations of corrupt practices for different criminal ends.

European Journal of Health Law, 2009

Skip to content | main University navigation | local section navigation | search. Aston Universit... more Skip to content | main University navigation | local section navigation | search. Aston University: Site AZ; Contact us; Directions; Main University navigation links: Home; Study at Aston; About Aston; Departments; Birmingham; Research; Business Services; News & Events. ...

Environmental Law Review, 2008

Criminal Law and Philosophy, 2014

Criminal Law Review, 2015

At one time “corruption by organised crime” was not regarded as a major issue in the UK. Now, ho... more At one time “corruption by organised crime” was not regarded as a major issue in the UK. Now, however, it has growing salience in political discourse and policy formulation. It is recognised increasingly as an internal, albeit still uncommon, problem, as opposed to something that occurred overseas, or sporadically in relation to particular actors or sectors. Similarly, in the academic context, until recently exploration of the nexus between organised crime and corruption in Europe has been limited to certain jurisdictions, or certain types of crimes. And while discrete responses to both phenomena have been analysed from various disciplinary standpoints, less consideration has been given to the interface between the two and the extent to which the law is useful in addressing corruption by organised crime. This paper maps the available legal responses across the UK in an effort to determine the law’s coverage in preventing and reacting to “corruption by organised crime”.

Archibold review, 2015

Draft

Routledge Handbook of Irish Criminology , 2015

This paper describes the extent and forms of organised crime across the island of Ireland, and as... more This paper describes the extent and forms of organised crime across the island of Ireland, and assesses how the two jurisdictions have responded to this form of criminality. It outlines the relevant agencies and structures in place across Ireland, and, in particular, considers the policing of organised crime in Northern Ireland’s post-conflict context and devolved political setting. Some key measures introduced by governments in both jurisdictions are examined, such as judge-only trials, presumptive sentences and a civil means of asset forfeiture. These are analysed through the lens of various criminological theories, in an effort to reveal the implicit rationale behind the states’ responses.

International Journal of Evidence and Proof , Apr 2014

Serious organised crime groups may enjoy virtual impunity through the corruption and coercion of ... more Serious organised crime groups may enjoy virtual impunity through the corruption and coercion of parties involved in the criminal justice process. In the United Kingdom and Ireland, this is most evident in the intimidation of witnesses and jurors, leading to difficulties in successful prosecution of organised criminality. One notable response to this phenomenon is to hold juryless trials for serious indictable offences, mirroring a similar approach in counter-terrorism legislation arising from the political violence in Northern Ireland. Despite common rationales, such trials have been operationalised differently in these neighbouring jurisdictions: in England, Wales and Northern Ireland 'ordinary' legislation was introduced, whereas in Ireland juryless trials are permitted under existing counter-terrorism laws. This article reviews the problematic dimensions of both legislative schemes, and considers their application by the courts since enactment. After outlining viable alternatives, it concludes that juryless trials may be necessary in limited instances, and if so, the English model is to be preferred.

Organised crime in Scotland has been characterised, in rather lurid terms, as a blight and a can... more Organised crime in Scotland has been characterised, in rather lurid terms, as a blight and a cancer. Regardless of whether such rhetoric is justified, describing and defining what organised crime actually is, in an effort to criminalise and punish it, poses significant theoretical and legal problems. Nonetheless, the Scottish Parliament addressed this issue in the Criminal Justice and Licensing (Scotland) Act 2010, in the first such legislative effort in the United Kingdom.

As this paper explains, the 2010 Act defines the foundational concept of “serious organised crime”, and includes a number of separate provisions predicated on this concept. This paper presents a critical appraisal of the notion of “serious organised crime” in the first instance, and then of each of these provisions. The analysis is both doctrinal and normative, and raises a number of concerns, centring on scope, necessity and effectiveness. Overall, the provisions are expansive and capture some unproblematic actions, they often duplicate existing law, and their effectiveness in terms of addressing this particular type of crime is yet to be established.

New Criminal Law Review, Apr 25, 2014

This paper problematises the growing tendency to characterise organised crime as a national secur... more This paper problematises the growing tendency to characterise organised crime as a national security threat, referring primarily to the situation in the United Kingdom but also drawing on international and comparative examples. Three distinct arguments are presented contesting this. First, it is questionable whether either concept is sufficiently clear in a definitional sense for the comparison to be analytically meaningful. The second, empirical argument suggests that organised crime, as it usually is defined and encountered in the UK, does not yet constitute such a threat. Third, and regardless of the validity of the preceding arguments, it is argued in a normative sense that such a comparison should be resisted, given the extraordinary legal consequences it entails.

Modern Law Review, Jul 2013

This article explores whether the presumption of innocence is compromised by state declarations t... more This article explores whether the presumption of innocence is compromised by state declarations that a person is other than innocent, but which are neither predicated on nor equivalent to a criminal conviction. The task ultimately is threefold: in a descriptive sense, to establish the existing parameters of the presumption, in particular tracing its incremental expansion by the European Court of Human Rights; secondly, to present a normative argument as to what I believe the presumption should further entail, drawing on its recent doctrinal extension but moving beyond this in certain respects; and then finally to ascertain whether any labels or declarations by the state either before or absent a finding of criminal liability are problematic as regards the presumption of innocence as I propose it should be construed, and what ought to be done about this.

DNA is an important tool for criminal investigations and prosecutions. There has been considerabl... more DNA is an important tool for criminal investigations and prosecutions. There has been considerable comment on its collection and retention from adult suspects and convicted persons, but little analysis of the particular situation of young people in the youth justice system. This article considers the competing paradigms at play when young persons’ DNA is collected and stored. The tensions between expanded DNA powers and norms of youth justice such as reintegration and best interests are considered as well as the implications for the young person’s rights.

Collecting DNA from crime scenes and individuals and storing it in databases is regarded increas... more Collecting DNA from crime scenes and individuals and storing it in databases is regarded increasingly as critical for criminal investigation and prosecution. This paper considers the development of non-conviction DNA databases in the United States and England and Wales, and examines why current legal trajectories are in opposite directions, with the US becoming more permissive in terms of database expansion and England and Wales less so. It posits that any such trend is contingent on many factors. Political and cultural variables in England and Wales prompted database expansion, facilitated by the absence of robust constitutional protection for privacy. Nevertheless, the jurisprudence of the European Convention on Human Rights now limits this scheme. In contrast, classical liberal ideology and the construal of the norm of privacy provided a brake in the American context, yet it appears that non-conviction databases will become more common there given extant interpretation of the US Constitution.

Common law countries share a growing receptiveness to the use of DNA (deoxyribonucleic acid) in c... more Common law countries share a growing receptiveness to the use of DNA (deoxyribonucleic acid) in criminal investigation and prosecution, with the formalisation and steady expansion of schemes of DNA collection and retention. Despite a general consensus regarding the significance and value of genetic material in criminal justice, there is considerable divergence in terms of the populations from whom DNA may be collected
and the length of time for which DNA may be retained. This article takes a comparative approach by assessing the trajectory of the law relating to DNA collection and retention in a range of common law jurisdictions, and ascertains how aspects of particular countries‟ laws seek to resolve common problematic issues that arise concerning human rights, in particular the rights to bodily integrity, of privacy and the presumption of innocence. It identifies a common international movement to a risk-based approach and concludes that of the comparator jurisdictions the Canadian model provides the most fitting accommodation for human rights in DNA database expansion.

British Journal of Criminology, 2019

European Journal of Health Law, 2009

Environmental Law Review, 2008

Criminal Law and Philosophy, 2014

Criminal Law Review, 2015

Archibold review, 2015

Draft

Routledge Handbook of Irish Criminology , 2015

International Journal of Evidence and Proof , Apr 2014

New Criminal Law Review, Apr 25, 2014

Modern Law Review, Jul 2013

This article explores the implications for human rights of retaining a person’s DNA when there ha... more This article explores the implications for human rights of retaining a person’s DNA when there has been no conviction in the courts. The right to privacy, the presumption of innocence and the interest in not being stigmatised by the State are considered in turn, to determine if they pose a challenge to the retention of an innocent person’s genetic material.

From stereotypical views of Ireland as a peaceful and ‘low crime’ society, the media and policy m... more From stereotypical views of Ireland as a peaceful and ‘low crime’ society, the media and policy makers now report the worsening of gun crime, in particular crimes of homicide committed by firearm. Despite this sometimes hyperbolic popular commentary, serious and fatal gun crime has indeed increased. In reacting through extraordinary legal measures, the Irish state adopts an unduly narrow perspective, predicated on a rational actor model; what this paper seeks to do is put forward two more profitable and persuasive means of analysis, by focusing on social deprivation and the expression of masculinity.

Databases of DNA samples are increasingly seen as a key element in the investigation of criminali... more Databases of DNA samples are increasingly seen as a key element in the investigation of criminality, by providing a mechanism for detecting and resolving crimes effectively and expeditiously and by circumventing the need for new genetic tests of specific suspects in the context of each criminal inquiry. These factors, in addition to exonerative and deterrent effects, lend weight to the pragmatic argument that samples collected from all individuals who come to the attention of the police should be included in DNA databases, so as to enhance the likelihood of a successful match between a crime-scene sample and stored DNA. Holding an innocent person’s DNA in such a repository for future speculative searches engages and affects various civil liberties, but the relevant Scottish legislation has been cited approvingly by the European Court of Human Rights (ECtHR) in S and Marper v United Kingdom as proportionate and compliant with human rights norms. The current UK administration intends to bring the law in England, Wales and Northern Ireland in line with the legal framework in Scotland, in order to address criticisms of the English law in the same decision. This article analyses Scottish law on non-conviction DNA retention to determine if it represents the model of best practice, as was expressed by the ECtHR. I question whether Scotland should in fact be heralded as a lodestar in this context by unpacking three elements of the judgment in S and Marper, namely the right to privacy, the presumption of innocence, and the interest in not being stigmatised. Furthermore, I point to recent developments introduced in Scotland by the Criminal Justice and Licensing Act 2010 which are potentially problematic in a human rights sense.

The collection and retention of DNA samples are seen universally as crucial for purposes of crimi... more The collection and retention of DNA samples are seen universally as crucial for purposes of criminal investigation and prosecution, as a means of excluding innocent suspects, and of exonerating the wrongfully convicted. However, there is less consistency across jurisdictions regarding whose DNA should be obtained by the state and for how long it should be stored. The need for a measured approach in this context is underlined by the “exceptionalism” of genetic material, given the depth and sensitivity of the information contained within, and the potential for “function creep”, whereby state powers insidiously increase and data gathered for one purpose is used for other less appropriate ends. The purpose of this note is track the evolution of the law in Ireland relating to the collection and retention of DNA, and, in particular, to examine the provisions of the Criminal Justice (Forensic Evidence and DNA Database System) Bill 2010 (as it was introduced in January 2010) from a human rights perspective