CRIMINOLOGY AND PUBLIC POLICY, Issue 4 2005
ANTHONY A. BRAGA
Research Summary: The question of whether the illegal firearms market serving criminals and juveniles can be disrupted has been vigorously debated in policy circles and in the literature on firearms and violence. To the extent that prohibited persons, in particular, are supplied with guns through systematic gun trafficking, focused regulatory and investigative resources may be useful in disrupting the illegal supply of firearms to criminals. In Boston, a gun market disruption strategy was implemented that focused on shutting down illegal diversions of new handguns from retail sources. Multivariate regression analyses were used to estimate the effects of the intervention on new handguns recovered in crime. Our results suggest that focused enforcement efforts, guided by strategic analyses of ATF firearms trace data, can have significant impacts on the illegal supply of new handguns to criminals. Policy Implications: The problem-oriented policing approach provides an appropriate framework to uncover the complex mechanisms at play in illicit firearms markets and to develop tailor-made interventions to disrupt the illegal gun trade. Strategic enforcement programs focused on the illegal diversion of new firearms from primary markets can reduce the availability of new guns to criminals. However, the extent to which criminals substitute older guns for new guns and move from primary markets to secondary markets in response to an enforcement strategy focused on retail outlets remains unclear. Our evaluation also does not provide policy makers with any firm evidence on whether supply-side enforcement strategies have any measurable impacts on gun violence. Jurisdictions suffering from gun violence problems should implement demand-side violence prevention programs to complement their supply-side efforts. [source]

Making the Punishment Fit the Crime and the Criminal: Attributions of Dangerousness as a Mediator of Liability,

JOURNAL OF APPLIED SOCIAL PSYCHOLOGY, Issue 6 2000
Catherine A. Sanderson
This research examines how individuals use information regarding characteristics of crimes (e. g., crime severity) and characteristics of the offender (e. g, prior criminal record) to form an impression of the criminal as dangerous to society, and to make liability judgments. Two studies presented college students and community members with crime scenarios and asked for ratings of crime severity, likelihood of recidivism, perceived dangerousness of the offender, and liability. Type of crime, severity. and likelihood of recidivism significantly predicted both liability and perceived dangerousness. Further more, in crimes against people only, the effects of severity and recidivism on liability were partially mediated by individuals' perceptions of the offender as criminally dangerous. The discussion examines the implications of these findings for attribution theory and sentencing in the criminal-justice system. [source]

,The Trial That Never Was': Why there was no Second International Trial of Major War Criminals at Nuremberg

HISTORY, Issue 285 2002
Donald Bloxham
This article examines the foreign policies of Britain and the United States in the contexts of the occupation of Germany and the growing cold war to explain the abortion of a proposed second international trial of major war criminals at Nuremberg. It then illustrates and explains why, while the American legal authorities attempted to reinforce the principles established at the trial of Hermann Göring et al. by further trials of major war criminals within their zone of occupation, the British looked only to try ,lesser' war criminals, and to phase out their punishment programme altogether. [source]

Don't get "hooked" by phishing scams

JOURNAL OF CORPORATE ACCOUNTING & FINANCE, Issue 5 2005
Tommie Singleton
Right this minute, someone has "gone phishing", hoping to catch you, your company employees, or your customers. Criminals are duping computer users into revealing sensitive information, including bank accounts, social security numbers, credit card numbers, passwords, and more. Here's how to escape getting caught. © 2005 Wiley Periodicals, Inc. [source]

Beyond drug wars: Transforming factional conflict in Mexico

CONFLICT RESOLUTION QUARTERLY, Issue 4 2010
Ami C. Carpenter
Blurring the lines between criminal and civil war, factional conflict in Mexico has escalated since 2006 and claimed more than eleven thousand lives. This article assesses the viability of Mexico's military offensive against the nation's drug cartels by analyzing the effects of this strategy on destructive conflict escalation. It is argued that the enforcement strategy of arresting key druglords has become a proximate factor in escalating Mexico's violence by promoting intercartel competition and intensifying leadership struggles. A set of viable third-party alternatives to the "war on drugs" is explored. [source]

Who Cares about Auditor Reputation?,

CONTEMPORARY ACCOUNTING RESEARCH, Issue 3 2005
JAN BARTON
Abstract I provide evidence on the demand for auditor reputation by examining the defections of Arthur Andersen LLP's clients following the accounting scandals and criminal conviction marring the auditor's reputation in 2002. About 95 percent of clients in my sample did not switch auditors until after Andersen was indicted for criminal misconduct regarding its failed audit of Enron Corp. I test whether the timing of client defections and the choice of a new auditor are consistent with managers' incentives to mitigate potentially costly information and agency problems. I find that clients defected sooner, mostly to another Big 5 auditor, if they were more visible in the capital markets; such clients attracted more analysts and press coverage, had larger institutional ownership and share turnover, and raised more cash in recent security issues. However, my proxies for agency conflicts , managerial ownership and financial leverage , are not associated with the timing of defections or the choice of new auditor. Overall, my study suggests that firms more visible in the capital markets tend to be more concerned about engaging highly reputable auditors, consistent with such firms trying to build and preserve their own reputations for credible financial reporting. [source]

Does self-control account for the relationship between binge drinking and alcohol-related behaviours?

CRIMINAL BEHAVIOUR AND MENTAL HEALTH, Issue 2 2002
Alex R. Piquero
Introduction Gottfredson and Hirschi's theory that there is an underlying factor accounting for all sorts of antisocial behaviour has attracted widespread theoretical and empirical attention. One of their most controversial statements is a ,generality' hypothesis, a notion that criminal, deviant and reckless acts are highly correlated because they are caused by individual differences in self-control. In this paper, we examine the extent to which self-control accounts for the relationship between two behaviours: binge drinking and involvement in alcohol-related behaviours, including criminal behaviour. Method Questionnaires were given to students at a southern US university. A final sample of 241 students (35% males, 91% whites, aged 17,40). One question concerned binge-drinking, 11 others related to other alcohol-related behaviour; a 24-item scale measured self-control and sex was recorded. A probit model was used to test the effect of low self-control on binge drinking and on other alcohol-related behaviours. It was found that self-control exhibits a positive effect on both. But binge drinking and other alcohol-related behaviours are correlated, so a further analysis using a bivariate probit model was undertaken using a naïve model (no covariates), an unconstrained model (allowing self-control to exert a unique effect on both outcomes), and a constrained model forcing self-control to be the same for both outcomes. Results Our results suggest that while low self-control is a significant predictor of both binge drinking and alcohol-related problems, it does not fully account for the relationship between the two outcomes. In addition, separate estimation for each sex reveal a substantively different pattern of results. Discussion Further research is needed to disentangle the differences between the sexes. Situational factors, especially in males, may account for adverse alcohol-related behaviours. Other measures of self-control are also needed. Copyright © 2002 Whurr Publishers Ltd. [source]

What is problem solving?

CRIMINAL BEHAVIOUR AND MENTAL HEALTH, Issue 4 2001
A review of theory, applications, research
Introduction Structured training or therapy programmes designed to develop cognitive problem-solving skills are now widely used in criminal justice and mental health settings. Method This paper describes the conceptual origins and theoretical models on which such programmes are based, and provides a historical overview of their development. Theoretical formulations of problem-solving deficits have also been used to inform the design of intervention programmes, and a number of studies and evaluations of such interventions are reviewed, with particular reference to criminal and other antisocial behaviour. Discussion In recent years there has been steadily growing supportive evidence for the benefits of this approach. However, there are also several aspects of its application that require further investigation, and some of the remaining questions are identified. Copyright © 2001 Whurr Publishers Ltd. [source]

A Defense of Stiffer Penalties for Hate Crimes

HYPATIA, Issue 2 2006
CHRISTOPHER HEATH WELLMAN
After defining a hate crime as an offense in which the criminal selects the victim at least in part because of an animus toward members of the group to which the victim belongs, this essay surveys the standard justifications for state punishment en route to defending the permissibility of imposing stiffer penalties for hate crimes. It also argues that many standard instances of rape and domestic battery are hate crimes and may be punished as such. [source]

The European Union and the Securitization of Migration

JCMS: JOURNAL OF COMMON MARKET STUDIES, Issue 5 2000
Jef Huysmans
This article deals with the question of how migration has developed into a security issue in western Europe and how the European integration process is implicated in it. Since the 1980s, the political construction of migration increasingly referred to the destabilizing effects of migration on domestic integration and to the dangers for public order it implied. The spillover of the internal market into a European internal security question mirrors these domestic developments at the European level. The Third Pillar on Justice and Home Affairs, the Schengen Agreements, and the Dublin Convention most visibly indicate that the European integration process is implicated in the development of a restrictive migration policy and the social construction of migration into a security question. However, the political process of connecting migration to criminal and terrorist abuses of the internal market does not take place in isolation. It is related to a wider politicization in which immigrants and asylum-seekers are portrayed as a challenge to the protection of national identity and welfare provisions. Moreover, supporting the political construction of migration as a security issue impinges on and is embedded in the politics of belonging in western Europe. It is an integral part of the wider technocratic and political process in which professional agencies , such as the police and customs , and political agents , such as social movements and political parties , debate and decide the criteria for legitimate membership of west European societies. [source]

Making the Punishment Fit the Crime and the Criminal: Attributions of Dangerousness as a Mediator of Liability,

Pasifika in the news: the portrayal of Pacific peoples in the New Zealand press

JOURNAL OF COMMUNITY & APPLIED SOCIAL PSYCHOLOGY, Issue 2 2006
Robert Loto
Abstract Pacific Islanders have faced discrimination in New Zealand particularly since the 1960s when communities began to be transplanted from their home nations to Aotearoa as cheap immigrant labour. Subsequently, the New Zealand vernacular has contained references to Pacific Islanders as ,overstayers', ,coconuts', ,bungas' and ,fresh off the boat' [FOB]. However, the legacy of a domineering relationship between the Palagi1 majority group and Pacific minorities2 that is captured by such derogatory terms is still evident in public forums such as the media. Using a quantitative content and qualitative narrative analysis, this paper documents portrayals of Pacific Islanders in New Zealand print media reports (n,=,65) published over a 3 month period. Findings reveal that Pacific people are predominantly portrayed as unmotivated, unhealthy and criminal others who are overly dependent on Palagi support. We consider this offered pacific identity formation with that implied for Palagi, which is active, independent, competent and caring. Issues in coverage are discussed in relation to how Pacific Islanders are encouraged to see themselves, and the health and social consequences of dominant practices in press coverage. We offer some suggestions as to how more equitable representations of Pacific people could be fostered in news media. Copyright © 2006 John Wiley & Sons, Ltd. [source]

An examination of the role of perceptions in neighborhood research,

JOURNAL OF COMMUNITY PSYCHOLOGY, Issue 3 2009
Mark W. Roosa
Accumulating research demonstrates that both archival indicators and residents' self-reports of neighborhood conditions are useful predictors of a variety of physical health, mental health, substance use, criminal, and educational outcomes. Although studies have shown these two types of measures are often related, no research has systematically examined their relationship. With a sample of Mexican Americans, this study examined this relationship and demographic factors that might account for variations of residents' perceptions of their neighborhoods. Results showed that country of birth, social class, family structure, and gender moderated relations between archival variables and adults' perceptions of danger. Thus using information from both archival data and self-reports should improve the ability of neighborhood researchers to understand individual differences in responses to neighborhood conditions. © 2009 Wiley Periodicals, Inc. [source]

Television and attitudes toward mental health issues: Cultivation analysis and the third-person effect

JOURNAL OF COMMUNITY PSYCHOLOGY, Issue 2 2007
Donald L. Diefenbach
A television content analysis and survey of 419 community respondents supports the hypothesis that media stereotypes affect public attitudes toward mental health issues. A content analysis of network, prime-time television demonstrates that portrayals are violent, false, and negative. The mentally disordered are portrayed as 10 times more likely to be a violent criminal than nonmentally disordered television characters. A survey demonstrates that as television viewing increases so does the belief among viewers that locating mental health services in residential neighborhoods will endanger the residents. Viewers who watch television news are less likely to support living next to someone who is mentally ill. The survey also tests the third-person effect, and finds that viewers believe television portrayals of mental illness affect others more than themselves. © 2007 Wiley Periodicals, Inc. [source]

Cinemusical meanings in motion pictures: commerce, art, and Brando loyalty,,,or,,,De Niro, My God, To Thee

JOURNAL OF CONSUMER BEHAVIOUR, Issue 6 2007
Morris B. Holbrook
The theme of art-versus-commerce has surfaced in many motion pictures but serves here to juxtapose three otherwise disparate films that draw upon the power of jazz as a force toward the dramatic development of character, plot, central themes, and other cinemusical meanings. Specifically, via the significance of its ambi-diegetic music, New York, New York (1977) shows the elevation of artistic integrity (Robert De Niro as Jimmy Doyle) over commercialism (Liza Minnelli as Francine Evans). In Heart Beat (1980), the raw honesty of a committed-but-doomed creative genius (Art Pepper) provides nondiegetic music that signifies the self-destructive degradation of a key protagonist (Nick Nolte as Neal Cassady). Finally, in The Score (2001), the appealing nature of diegetic jazz in a cinemusically-enriched nightclub environment helps to explain why a soon-to-be- reformed criminal (Robert De Niro, again, as Nick Wells) would risk everything in collaboration with two bizarre partners (Marlon Brando as Max Baron and Ed Norton as Jack Teller) in hopes of a payoff big enough to allow him to retire from a lucrative career in crime in order to run his legitimate jazz venue and to settle down with his true love (Angela Bassett as Diane Boesman). Copyright © 2007 John Wiley & Sons, Ltd. [source]

The Vanishing Trial: An Examination of Trials and Related Matters in Federal and State Courts

JOURNAL OF EMPIRICAL LEGAL STUDIES, Issue 3 2004
Marc Galanter
This article traces the decline in the portion of cases that are terminated by trial and the decline in the absolute number of trials in various American judicial fora. The portion of federal civil cases resolved by trial fell from 11.5 percent in 1962 to 1.8 percent in 2002, continuing a long historic decline. More startling was the 60 percent decline in the absolute number of trials since the mid 1980s. The makeup of trials shifted from a predominance of torts to a predominance of civil rights, but trials are declining in every case category. A similar decline in both the percentage and the absolute number of trials is found in federal criminal cases and in bankruptcy cases. The phenomenon is not confined to the federal courts; there are comparable declines of trials, both civil and criminal, in the state courts, where the great majority of trials occur. Plausible causes for this decline include a shift in ideology and practice among litigants, lawyers, and judges. Another manifestation of this shift is the diversion of cases to alternative dispute resolution forums. Within the courts, judges conduct trials at only a fraction of the rate that their predecessors did, but they are more heavily involved in the early stages of cases. Although virtually every other indicator of legal activity is rising, trials are declining not only in relation to cases in the courts but to the size of the population and the size of the economy. The consequences of this decline for the functioning of the legal system and for the larger society remain to be explored. [source]

Association for Methodology and Documentation in Psychiatry Profiles Predict Later Risk for Criminal Behavior and Violent Crimes in Former Inpatients with Affective Disorder,

JOURNAL OF FORENSIC SCIENCES, Issue 3 2010
Michael Soyka M.D.
Abstract:, Few studies have investigated criminal and violent behavior in patients with affective disorders. We reviewed the national crime register for records of criminal offenses committed by 1561 patients with affective disorders and studied the predictive value of certain psychopathological symptoms assessed with the Association for Methodology and Documentation in Psychiatry (AMDP) system concerning future criminal behavior. Sixty-five (4.2%) patients had been convicted in the 7,12 years after discharge (307 cases). Patients with the AMDP syndrome mania had a significantly higher risk for later criminal behavior. The combination with the hostility syndrome further increased the risk. These findings are in line with previous data indicating a higher risk for later criminal behavior in patients with a manic/bipolar disorder compared to depressive disorder. As previously demonstrated in another sample of schizophrenic patients, the AMDP syndromes mania (and hostility) is associated with a higher risk of later criminal behavior. [source]

Partner Violence and Street Violence among Urban Adolescents: Do the Same Family Factors Relate?

JOURNAL OF RESEARCH ON ADOLESCENCE, Issue 3 2001
Deborah Gorman-Smith
Few studies have evaluated how participation in violence that occurs on the streets as part of criminal or delinquent behavior relates to violence that occurs as part of dating or marital relationships (partner violence). Using longitudinal data from 141 African American and Latino male youth (15,19 years old), the relation between family characteristics and participation in one or both types of violent behavior was evaluated. The youth in this study were more likely to report use of violence in relationships if they were also participating in violence as part of other criminal behavior. However, there were distinct groups of offenders. Among those males reporting involvement in a dating or romantic relationship, four groups were identified: (1) those who had not participated in either type of violence, 57%; (2) those who had participated in partner violence only, 14%; (3) those who had participated in street violence only, 12%; and (4) those who had participated in both, 17%. Discriminate function analyses significantly differentiated the group who had participated in both types of violence from the nonviolent group, with the former group having poorer functioning families. These two groups were also differentiated from the partner violence-only and street violence-only groups. No differences were found between the partner violence-only and the street violence-only groups. Implications for intervention and prevention are discussed. [source]

Toxic Torts, Politics, and Environmental Justice: The Case for Crimtorts,

LAW & POLICY, Issue 2 2004
THOMAS H. KOENIG
The borderline between criminal and tort law has been increasingly blurred over the past quarter century by the emergence of new "crimtort" remedies which have evolved to deter and punish corporate polluters. Punitive damages, multiple damages, and other "crimtort" remedies are under unrelenting assault by neo-conservatives principally because, under this paradigm, the punishment for wrongdoing can be calibrated to the wealth of the polluter. If wealth-based punishment is eliminated by the "tort reformers," plaintiffs' victories in crimtort actions such as those portrayed in the movies Silkwood, A Class Action, and Erin Brockovich will become an endangered species. [source]

Contradictions, Law, and State Socialism

LAW & SOCIAL INQUIRY, Issue 4 2000
Joachim J. Savelsberg
The relationship of law to antagonisms and contradictions within state socialism is explored from a Weberian and a Marxian perspective. Examining legislation, court decision making, legal control of economic behavior, and law enforcement reveals contradictions between (I) a radical participatory ideology versus muted or extinct civil society; (2) the ideology of comprehensive planning versus the impotence of law; (3) strategies aiming at total control of public life versus the emergence of a niche society outside the reach of the state; (4) regulatory norms versus the functional necessity of norm-breaking behavior; (5) reliance on a revolutionary sense of justice versus the cultivation of "doublethought"; (6) a program of total control of economic behavior versus the emergence of deviant, even criminal, forms of organization to fulfill functionally necessary but ideologically unapproved economic tasks; and finally, (7) two distinct practices of law, responsive or postliberal versus repressive. Yet, contradictions typically did not lead through conflict to subsequent reform during the state socialist era, as conflicts were repressed. When reforms were attempted, they furthered conflict and system breakdown. [source]

Corporate criminal law and organization incentives: a managerial perspective

MANAGERIAL AND DECISION ECONOMICS, Issue 6 2000
Nuno Garoupa
Corporate criminal liability puts a serious challenge to the economic theory of enforcement. Are corporate crimes different from other crimes? Are these crimes best deterred by punishing individuals, punishing corporations, or both? What is optimal structure of sanctions? Should corporate liability be criminal or civil? This paper has two major contributions to the literature. First, it provides a common analytical framework to most results presented and largely discussed in the field. Second, by making use of the framework, we provide new insights into how corporations should be punished for the offenses committed by their employees. Copyright © 2000 John Wiley & Sons, Ltd. [source]

The Politics of Antiracism & Social Justice: The Perspective of a Human Rights Network in the U.S. South

NORTH AMERICAN DIALOGUE (ELECTRONIC), Issue 2 2008
Faye V. Harrison
Abstract: Since 9/11 the sociopolitical and legal climate of the country has deteriorated, engendering a moral panic over national security and intensifying a longstanding trend of violating the human rights of a portion of the citizenry and immigrant population. These segments of the populace lived under de facto conditions of a police state long before the War on Terror and the USA Patriot Act. This repression implicates the War on Drugs and a racially- and class-biased system of criminal (in)justice with which Homeland Security intersects. Problems such as these have attracted the attention of both social scientists and activists mobilizing for social justice. Among the latter is a southeastern network of human rights organizers who map their region as part of the Global South. A multiracial group organized around the vision of three African American women, the Southern Human Rights Organizers Network promotes consciousness and praxis shaped by the vernacularization of international human rights discourse and the reclamation of the history of African American and broader Afro-Atlantic struggles for expanding the terms of what it means to be human. [source]

Dangerous and severe personality disorder: an ethical concept?

NURSING PHILOSOPHY, Issue 2 2005
Sally Glen phd ma rn
Abstract Most clinicians and mental health practitioners are reluctant to work with people with dangerous and severe personality disorders because they believe there is nothing that mental health services can offer. Dangerous and severe personality disorder also signals a diagnosis which is problematic morally. Moral philosophy has not found an adequate way of dealing with personality disorders. This paper explores the question: What makes a person morally responsible for his actions and what is a legitimate mitigating factor? How do psychiatric nurses working with this client group understand the awful things some clients do? What concepts do they need, if they are to know how to explain and how to react? It is suggested that dangerous and severe personality disorder is best regarded as a moral category, framed in terms of goodness, badness, obligation and other ethical concepts. It seems plausible that in important ways the dangerous and severe personality disordered client does not understand morality or understands it differently. The peculiar position of the dangerous and severe personality disordered individual in our system of moral responsibility stems from his apparent inability to see the importance of the interests of others. It might be more helpful to regard personality disordered clients as we do children: partially but not fully reasonable for their actions. We might regard the dangerous and severe personality disordered client responsible for those actions which he most clearly understands, such as causing others physical pain, but not for those with which he is only superficially engaged, such as causing emotional pain. The paper concludes by suggesting that the dangerous and severe personality disordered individual does not fit easily into any conventional moral category, be it criminal, patient, animal or child, and thus an assessment of his moral accountability must take into consideration his special circumstances. [source]

Parents and partners in crime: a six-year longitudinal study on changes in supportive relationships and delinquency in adolescence and young adulthood

THE JOURNAL OF CHILD PSYCHOLOGY AND PSYCHIATRY AND ALLIED DISCIPLINES, Issue 7 2004
W. Meeus
Background:, This study sought the answer to three questions: 1. Is having an intimate partner associated with the level of delinquency? 2. Does the quality of the relationship with an intimate partner, operationalised as partner support, predict the level of delinquency? 3. Does a relationship with an intimate partner or age moderate the association between parental support and delinquency? Method:, Data from a three-wave, six-year longitudinal study of 1302 adolescents and young adults, aged 12,23 at wave 1, were used. Results:, 1. Univariate latent growth curve analysis showed that, as predicted, having an intimate partner does not lead to less criminality among young adults over the age of 20. We found no support for the hypothesis among the group of 12- to 20-year-old adolescents, since the group of mid-adolescents who consistently have a partner is more criminal than the other groups. 2. Our findings show that partner support is negatively related to criminality in both 12- to 20-year-olds and 21- to 23-year-olds. The longitudinal effect of partner support is also uni-directional: partner support T1 certainly has an impact on criminality T3, but the reverse is not true. In both groups the influence of partner support is also greater than that of parental support. 3. Having an intimate partner moderates the association between parental support and delinquency, but in an age-specific manner. Parental support has no bearing on criminality when adolescents and young adults continuously have an intimate partner. Parental support does, however, cause a reduction in the level of criminality in adolescents and young adults who have never had a partner and adolescents who only have a partner at time 3. Conclusions:, We interpret our results in terms of shifts in the relational system: if an adolescent finds a partner, that partner takes over the role of the parents in reducing criminality; if not, the parents remain important in doing so. [source]

Regulation of space in the contemporary postcolonial Pacific city: Port Moresby and Suva

ASIA PACIFIC VIEWPOINT, Issue 3 2003
John Connell
Abstract:,National development problems in the weak states of Papua New Guinea and Fiji have resulted in external intervention. However neo-liberal development strategies have not resolved development problems and may have further weakened state structures. In both capital cities rural-urban migration, rising urban unemployment, and the expansion of squatter settlements and the informal sector have all continued in recent years. The numbers of beggars, street kids and prostitutes have increased, as has domestic violence and crime. Governments have opposed all these trends, by regulation and intolerance, violence, routine repression and eviction, rather than by pro-poor policies. Settlers, prostitutes, beggars, street kids and market vendors have been evicted and moved on, on the ideological premise that that their true place is in rural areas, and that their urban presence challenges and threatens notions of urban order. Moral regulation, social exclusion and moral panic have divided ,good citizens' from marginal and possibly criminal others, intensifying social divisions within the cities. Sustainable urban development has proved difficult to achieve. [source]

Asylum,Seekers and National Histories of Detention

AUSTRALIAN JOURNAL OF POLITICS AND HISTORY, Issue 4 2002
Alison Bashford
The Australian system of mandatory detention of asylum,seekers has become increasingly controversial. Insofar as commentary on detention has been framed historically, critics have pointed to Australia's race,based exclusionary laws and policies over the twentieth century. In this article, we suggest that exclusion and detention are not equivalent practices, even if they are often related. Here we present an alternative genealogy of mandatory detention and protests against it. Quarantine,detention and the internment of "enemy aliens" in wartime are historic precedents for the current detention of asylum,seekers. Importantly, in both carceral practices, non,criminal and often non,citizen populations were held in custody en masse and without trial. Quarantine, internment and incarceration of asylum,seekers are substantively connected over the twentieth century, as questions of territory, security and citizenship have been played out in Australia's histories of detention. [source]

Race, income, and perceptions of the U.S. court system

BEHAVIORAL SCIENCES & THE LAW, Issue 2 2001
Ph.D., Richard R. W. Brooks J.D.
This article reports on the effect of income within race on African Americans' perception of the courts. Our findings are somewhat consistent with the previous research on black middle-class relative dissatisfaction with various American institutions. That is, unlike whites and Latirios in our study, we find that higher-income African Americans are more skeptical of the notion that blacks receive equal treatment in the courts. This same group also reported less confidence in the court's handling of specific types of cases (e.g., civil, criminal and juvenile delinquency cases.) However, better off blacks were more likely than poor blacks to have confidence in the U.S. Supreme Court and community courts. These findings point a more complex account of African American perceptions of the courts, an account that draws a distinction between diffused and specific support of the courts. Copyright © 2001 John Wiley & Sons, Ltd. [source]

Is it inherently prejudicial to try a juvenile as an adult?,

BEHAVIORAL SCIENCES & THE LAW, Issue 1 2001
Murray Levine Ph.D.
Given only information that a youth who could have been tried as either an adult or as a juvenile was being tried as an adult for murder, 218 undergraduate mock jurors were able to form consistent impressions of the defendant. A very high percent of our mock jurors included a criminal or juvenile justice history as part of that impression. A very large majority of the mock jurors also said that knowledge of that criminal history would be relevant to their vote of guilty. Almost all mock jurors said they would be influenced toward voting guilty by knowledge of a previous criminal history. Few of the other components of the impression were so closely correlated with a judgment of relevance, or with a judgment that they would be influenced toward voting guilty by the knowledge of that component of the stereotype. The effect is relatively specific to knowledge of a previous criminal history. The study has limited ecological validity. Nonetheless, we raise questions about whether the fact that a youth is put on trial as an adult is inherently prejudicial, and violates the Sixth Amendment right to an impartial jury. Copyright © 2001 John Wiley & Sons, Ltd. [source]

On the Assimilation of Racial Stereotypes among Black Canadian Young Offenders*

CANADIAN REVIEW OF SOCIOLOGY/REVUE CANADIENNE DE SOCIOLOGIE, Issue 3 2005
JOHN F. MANZO
Les auteurs de 1'article se penchent sur l'assimilation et la répétition des stéréotypes raciaux chez les Noirs canadiens en analysant des interviews semi-dirigées réalisées auprès de huit Noirs ou répondants de race mixte déclarés jeunes contrevenants. Dans leur enquête, ils tentent surtout de déterminer si cette assimilation peut être observée dans le discours des interviewés et jusqu'à quel point. Ils examinent de plus si le concept de soi des répondants entraîne Incorporation d'un profil de « criminel » a leur identité de Noir. Utilisant la construction sociale, les théories postcoloniales et de la transmission culturelle pour étayer cette analyse, les interviews sont examinées pour déterminer si les opinions stéréotypées sur les Noirs sont constitutives de la vision qu'ils ont d'euxmêmes et jusqu'à quel point. Les conclusions de l'étude semblent indiquer que les personnes ayant participéà cette étude-ci non seulement reconnaissent de tels stéréotypes, mais également les adoptent et les font leurs. This paper investigates the assimilation and iteration of racial stereotypes among Black Canadians by inspecting open-ended interviews with eight Black or mixed-race respondents who are adjudicated young offenders. The focus of this investigation is on whether, and to what extent, this assimilation can be observed in interviewees' discourse and, moreover, whether the speakers' self-concepts entail their incorporation of "criminal" as an aspect of Black identity. Using social construction, post-colonial and cultural transmission theories to inform this analysis, interviews are inspected to determine whether and to what extent stereotypical views of Black persons are constitutive of the subjects' views of themselves. Findings suggest not only that the persons under study here recognize such stereotypes, but also that they adopt and embrace them. [source]

Parental rearing styles and personality disorders in prisoners and forensic patients

CLINICAL PSYCHOLOGY AND PSYCHOTHERAPY (AN INTERNATIONAL JOURNAL OF THEORY & PRACTICE), Issue 3 2005
Irma G. H. Timmerman
In the present study it was hypothesized that men with a criminal status (forensic inpatients and prisoners) would report more pathological rearing styles of their parents than men from the general population, after accounting for the influence of personality pathology. The results showed that forensic inpatients reported significantly less care from their mothers and more protection from both parents. No differences on paternal care were found though. The prisoners were less clearly distinguished from normal controls with respect to parental rearing. They perceived their fathers as more protective, however, only when the influence of the personality disorder category was controlled for and not when the influence of personality disorder features was controlled for. Further, prisoners perceived their mothers as significantly more caring. The results with respect to criminal and patient status stayed the same after controlling for the influence of personality pathology. The analyses further showed that cluster B pathology when measured as one construct was significantly associated with all parental rearing variables: less care and more protection. Also, cluster A and cluster C pathology, criminal status and inpatients status did not influence these results. When the cluster B disorders were examined separately though, a less clear picture emerged. The categorical defined borderline personality disorder was significantly related to all four rearing variables: less care and more protection. For cluster C pathology the opposite was found: when measured categorically no significant relations with rearing were found and when measured dimensionally all relations were significant. When measured dimensionally, antisocial personality features were significantly associated with less care from both parents and with more protection from the mother. When measured categorically, only the relationship with care of father remained significant. Finally, cluster A pathology was related significantly only to (low) maternal care.,Copyright © 2005 John Wiley & Sons, Ltd. [source]