Reform of the criminal law the Inns of Court,London, England July 26–29, 1987

Conference Papers

Reform of the criminal law the Inns of Court, London, England July 26–29, 1987     

Household-level predictors of the presence of servants in Northern Orkney,Scotland, 1851–1901

Servants were an important part of the northwestern European household economy in the preindustrial past. This study examines household-level characteristics that are predictive of the presence of rural servants using data from Orkney, Scotland. The number of servants present in a household is related to household composition, landholding size, and the marital status of the household head. In addition, the sex of the particular servant hired reveals that the labor of male and female servants is not fungible. The sex of the servant hired is related to the ratio of male and female household members of working age, the occupation of the head, household composition, and the size of the household's landholding.     

Law,language, and the power of ‘invisible threats’ of violence against women

Violence, and the threat of violence, is a pervasive feature of women's lives. From high-profile threats in politics to everyday harms such as domestic abuse, violence, threat, and intimidation control women's behaviour and silence their voices. Yet in many cases the pernicious and harmful effect of threat is not captured by the law. Drawing on the work of sociologist Pierre Bourdieu and empirical research undertaken in Northern Ireland, this article analyses the ways in which both objective and ‘incorporated’ social structures generate invisible forces of fear and threat that the law does not see, but that women feel and structure their lives around. The article develops the novel conceptual tool of ‘invisible threats’ to capture threat as harm, to show the relation between threat and gendered (in)securities, and to challenge institutions of the law to respond better to invisible threats as perceived and articulated by women.     

Updating,subtyping, and perceptions of the police: Implications of police contact for youths’ perceptions of procedural justice

Individuals enter police encounters with expectations about how these interactions will unfold. These expectations are often rooted in racialized personal, vicarious, and collective experiences with the police. Bayesian updating posits that the way youth perceive treatment by the police during stops and arrests combines with prior expectations and perceptions to shape current views of the law, whereas subtyping suggests this process differs by race. This study examines intra- and interracial variability in these processes using longitudinal survey data from 3,085 Black and White youth. Regardless of race, youth who indicate they were treated with disrespect during police encounters had lower perceptions of procedural justice than did those with no contact, whereas contact perceived as respectful had no significant effects. For White but not Black youth, police encounters rated as “neutral” are associated with more negative views of the police. Other forms of legal socialization are also racialized, including messages conveyed in the media and by parents. Limited evidence exists that prior views of the police moderate the effect of police encounters on procedural justice or that these conditioning effects vary by race. Findings support updating, but race differences do not neatly align with findings expected with updating or subtyping theory.     

The crimes of the homeless or the crime of homelessness? On the dialectics of criminalization,decriminalization, and victimization

This paper is a limited attempt to synthesize the older and newer trends in radical criminology — to integrate the issues of criminalization, decriminalization, and victimization. The object of our endeavor is homelessness and how society responds to it. In the paper, we first examine the dialectics of criminalization, homelessness, and economic crisis in relation to some of the general trends in the developing political economy of welfare capitalism. Second, we argue that criminologists should support and focus on effort to criminalize the condition of homelessness and, at the same time, to decriminalize most of the acts of survival of the homeless. In pursuing this end, we urge criminologists to respond by doing things with rather than for or to the homeless. Ultimately, we hope this paper contributes to the ideological and practical struggle for achieving stable institutional methods for satisfying basic human needs.     

Racial composition,sentencing reforms,and rates of incarceration, 1970–1980

Association with delinquent peer groups is one of the most salient predictors of delinquent behavior. Despite the widespread documentation of these effects, little is known about whether the delinquent peer effect is conditioned by individual‐level characteristics. Using data from a multi‐wave survey of Mexican‐American adolescents, this study explored the interactive effect of susceptibility to peer influence and differential association with delinquent peers on delinquent outcomes. Results suggested that the delinquent peer effect on self‐reported delinquency is amplified when an adolescent is highly susceptible to peer influence. Analyses also indicated that this moderating effect varies according to offense seriousness. Specifically, the conditioning effect is most important when considering acts of serious delinquency.     

A case study of the suicide of Luis Mendès France, in Bordeaux, in 1695

After being condemned and imprisoned in Lisbon by the Portuguese Inquisition, Luis Mendes de Franca exiled himself in late 1683 to France, where his descendants adopted the family name Mendes France. In 1695, at the age of 55 years, Luis Mendes committed suicide in Bordeaux by a pistol shot that decapitated him. The inquest conducted at that time concluded that Luis Mendes was insane and thus not guilty of the crime of suicide. We hypothesize that he used a flint stone-type pistol loaded with an extraordinarily large quantity of black gunpowder. Using available information on historic firearms, ammunition, and powder, coupled with the preserved testimony of historic figures, we propose a reconstruction of this drama and a diagnostic approach to the psychiatric aspects of the suicide.     

College education,major, or criminology classes? An examination of what drives students’ level of punitiveness

This study examines the level of punitiveness of criminology and criminal justice (CRIM) majors and non-majors. In particular, undergraduate students from a mid-western university situated in a rural area were surveyed to determine if college education, major, or exposure to CRIM classes impacts their punitive attitudes towards offenders. Regression analyses suggest that it is not the number of CRIM classes or the liberalization effect of college but the major that best predicts the level of punitiveness. Results also indicate that predictors of punitiveness differ between CRIM majors and non-CRIM majors. Implications of these findings are discussed.     

Human rights in the administration of criminal justice in Southern Africa University of Botswana,Gaborone, Botswana October 8–10, 1990

Conference Papers

Human rights in the administration of criminal justice in Southern Africa University of Botswana, Gaborone, Botswana October 8–10, 1990     

The “Hired Gun” Effect: Assessing the Effect of Pay,Frequency of Testifying,and Credentials on the Perception of Expert Testimony

Three experiments addressed the proposition that jurors use short cuts in processing information when confronted with expert scientific testimony. The results of the first two studies demonstrated that experts who are highly paid for their testimony and who testify frequently are perceived as hired guns. They are neither liked nor believed. The results of the third experiment replicated the hired gun effect and showed that it is most likely to occur when the testimony is complex and cannot be easily processed. The results were discussed in terms of the theoretical differences between central and peripheral processing of persuasive messages in a legal context.     

Fighting the obscene, pornographic, and unhealthy—an analysis of the nature, extent, and regulation of China’s online pornography within a global context

China??s Internet development has experienced an explosive growth in the last two decades. As China became the largest Internet user in the world, cyber crimes presented a new challenge. In its efforts to combat cyber crimes, the Chinese government singled out online pornography and labeled it ??online narcotics.?? Using the reports of online pornography found in the People??s Daily, a leading national newspaper, this study examines the extent and nature of online pornography in China??s unique context and how the Chinese government has worked to counter such crimes. The analyses of the official reports indicate that the number of China??s porn users has reached millions and continues to grow. To combat such behavior, the Chinese government has adopted a number of countermeasures such as increased law-making, strengthened law enforcement, and the use of new technology. While these countermeasures parallel those of other nations, China??s regulation also presents a number of unique features, such as its broad and sweeping control of online pornographic and unhealthy material for both adults and juveniles, its campaign-style policing, and its emphasis on building consensus with little dissenting opinion. China??s overreaching and proactive approach indicates substantial differences in national standards, value systems, and legal practices between China and many other nations.