Ethnic identity and attitudes toward the police among African American juvenile offenders

Although there is a knowledge base regarding theoretical and empirical research on attitudes toward the police, this line of research has not fully examined the sources of such attitudes, and in particular the extent to which attitudes toward the police are influenced by ethnic identity. The present study examined the role of ethnic identity in African American adolescent offenders' perceptions of general police discrimination, direct police contact, procedural justice, and police legitimacy. Analyses showed that youth with a stronger sense of ethnic identity perceived more police discrimination but reported more positive beliefs about police legitimacy. The findings underscore the importance of considering processes that may make legal socialization experiences more salient for adolescents, and demonstrate the complex role that ethnic identity plays in relation to discrimination.     

Public corruption and fraud in the Netherlands: Research and results

Empirical research by social scientists on public corruption and fraud in the Netherlands has been scarce. Exceptions are research on criminal cases of corruption and, recently, a survey among local government functionaries to establish the extent of public corruption and fraud in the country. The article presents the conceptual framework and the results of this survey research on local corruption and fraud. A discussion of the findings concludes the article: How serious is the problem of Dutch public corruption and fraud? To stimulate comparative research, the questionnaire is added in an Appendix.     

Mental Health Courts and Their Selection Processes: Modeling Variation for Consistency

Admission into mental health courts is based on a complicated and often variable decision-making process that involves multiple parties representing different expertise and interests. To the extent that eligibility criteria of mental health courts are more suggestive than deterministic, selection bias can be expected. Very little research has focused on the selection processes underpinning problem-solving courts even though such processes may dominate the performance of these interventions. This article describes a qualitative study designed to deconstruct the selection and admission processes of mental health courts. In this article, we describe a multi-stage, complex process for screening and admitting clients into mental health courts. The selection filtering model that is described has three eligibility screening stages: initial, assessment, and evaluation. The results of this study suggest that clients selected by mental health courts are shaped by the formal and informal selection criteria, as well as by the local treatment system.     

A vulnerability analysis: Theorising the impact of artificial intelligence decision-making processes on individuals,society and human diversity from a social justice perspective

The article examines a number of ways in which the use of artificial intelligence technologies to predict the performance of individuals and to reach decisions concerning the entitlement of individuals to positive decisions impacts individuals and society. It analyses the effects using a social justice lens. Particular attention is paid to the experiences of individuals who have historically experienced disadvantage and discrimination. The article uses the university admissions process where the university utilises a fully automated decision-making process to evaluate the capability or suitability of the candidate as a case study. The article posits that the artificial intelligence decision-making process should be viewed as an institution that reconfigures the relationships between individuals, and between individuals and institutions. Artificial intelligence decision-making processes have institutional elements embedded within them that result in their operation disadvantaging groups who have historically experienced discrimination. Depending on the manner in which an artificial intelligence decision-making process is designed, it can produce solidarity or segregation between groups in society. There is a potential for the operation of artificial intelligence decision-making processes to fail to reflect the lived experiences of individuals and as a result to undermine the protection of human diversity. Some of these effects are linked to the creation of an ableist culture and to the resurrection of eugenics-type discourses. It is concluded that one of the contexts in which human beings should reach decisions is where the decision involves representing and evaluating the capabilities of an individual. The legislature should respond accordingly by identifying contexts in which it is mandatory to employ human decision-makers and by enacting the relevant legislation.     

Paying the levy: Taxable wealth in Bridgetown,Barbados, 1680–1715

Differential fertility can be attributed to economic and cultural factors, but the family also plays an important role. Fertility behavior may be transmitted from parents to children through heritable dispositions or via socialization. Previous research has shown, however, that the expression of genetic effects depends on the interplay with the environment. In this article we take a long-term view and examine how the different mechanisms shifted over time and across social and local contexts on the basis of a large-scale database containing 100 thousand sibling pairs born between 1810 and 1870 in the Dutch province of Zeeland, a society undergoing demographic transition and industrialization. Corroborating earlier research, we find a significant increase in the expression of heritabilities and a fading of social influence for women born after the 1840s, who started their reproductive careers during the historical fertility decline in this region. Our study points out that the ‘social control’ of fertility was particularly reduced for women born in towns, women originating from the urban or rural laboring classes, and women from communities with a relatively liberal religious climate. Our findings are in line with research emphasizing the important role played by women in decision-making processes around childbearing, and could indicate the conditions that enhanced women's position in household bargaining during the historical fertility decline.     

Situated Justice: A Contextual Analysis of Fairness and Inequality in Employment Discrimination Litigation

A substantial body of sociolegal scholarship suggests that the legitimacy of the law crucially depends on the public's perception that legal processes are fair. The bulk of this research relies on an underdeveloped account of the material and institutional contexts of litigants' perceptions of fairness. We introduce an analysis of situated justice to capture a contextualized conception of how litigants narrate fairness in their actual legal encounters. Our analysis draws on 100 in‐depth interviews with defendant's representatives, plaintiffs, and lawyers involved in employment discrimination lawsuits, selected as part of a multimethod study of 1,788 discrimination cases filed in U.S. district courts between 1988 and 2003. This article offers two key empirical findings, the first at the level of individual perceptions and the second at the level of legal institutions. First, we find that neither defendants' representatives nor plaintiffs believe discrimination law is fair. Rather than sharing a complaint, however, each side sees unfairness only in those aspects of the process that work to their disadvantage. Second, we demonstrate that the very notion of fairness can belie structural asymmetries that, overall, profoundly benefit employers in employment discrimination lawsuits. We conclude by discussing how a situated justice analysis calls for a rethinking of empirical research on fairness. Audio recordings of respondents quoted in this article are available online. ¹      

Context effects in forensic science: a review and application of the science of science to crime laboratory practice in the United States.

This article discusses the phenomenon of "context effects" by reviewing the findings and practices of a range of scientific fields, including astronomy, physics, biology, medicine, and especially the relevant research and theory from psychology. Context information, such as expectations about what one is supposed to see or conclude, has been found to have a small but relentless impact on human perception, judgment, and decision-making. The article then considers the vulnerability of forensic science practice to context effects, and concludes by suggesting that forensic science adopt practices familiar in other fields of scientific work, in particular blind or double-blind testing and also the use of evidence line-ups.     

论地方政府决策中利益代表参与模式的法律建构

地方社会利益诉求多样化的现实导致传统的"传送带理论"无法圆满解释地方政府决策在利益取舍上的合法性。利益代表参与地方政府决策的模式将有助于缓解目前的"合法性缺失"以及相应的"决策失败"的困境。在利益代表参与模式下,参与者以"价值与技术"的基本区分为基础来确立利益代表参与的广度和深度,以资格界定和参与方式作为制度构建的核心。针对目前我国"专家理性"仍居主导地位的现状,有必要从现有的咨询专家委员会入手,将成员资格扩展至以相关利益主体构成的临时性代表,形成包括利益代表在内的咨询委员会制度,以此建构利益代表参与地方政府决策的制度端口。     

An Integration of Hindsight Bias and Counterfactual Thinking: Decision-Making and Drug Courier Profiles

Counterfactual thinking and hindsight bias have each generated separate, substantial bodies of research and provided insight into some areas of legal decision-making. An investigation of the relationship between Counterfactual thinking and hindsight bias in a situation in which both are implicated is presented in a legal decision-making context utilizing drug courier profiles and illegal search and seizure. The findings, which demonstrate each of these cognitive processes and show a pattern of results that supports an integrative relationship between them, are discussed in the contexts of social cognition and of legal decision-making. A suggested causal model of decision-making in this context is also presented. Specific implications of these findings for civil actions to remedy illegal searches are discussed.     

A Social Psychological Perspective on Perceiving and Reporting Discrimination

This article reviews social psychological theory and empirical research on perceiving and reporting discrimination. The article begins with an examination of factors that affect whether individuals perceive themselves as targets of discrimination. We then turn toward addressing whether individuals who perceive discrimination are willing to report their perceptions, as well as the interpersonal consequences they might face for so doing. Throughout this article, we examine how endorsement of the meritocratic worldview shapes these discrimination-related processes. Finally, we conclude by noting the potential for important theoretical, empirical, and applied advances on discrimination scholarship that can arise from interdisciplinary collaboration among legal scholars and social scientists.     

论政府决策失误责任追究制

自改革开放以来,我国中央政府就一直强调要实现决策科学化与民主化。经过20多年来的努力,中央已基本实现由传统经验模式向现代科学模式的转变。但在地方各级政府决策中,失误的现象却屡禁不止,给国家和社会造成了巨大损失。造成这种现象的原因在于我国未能建立有效的决策失误责任追究制。     

Justifying Age Discrimination

The characteristics of age discrimination as provided for inthe Employment Equality (Age) Discrimination Regulations setit apart from existing anti-discrimination schemes. The ambitof the Regulations is limited to the employment field. Withinthis area, the legislation does not simply seek to identifya characteristic of a specific minority group and then removethat factor from the decision-making process. Instead, workingfrom a quality common to all (age), the Regulations seek onlyto prevent reliance on it for purposes that are ‘illegitimate’or if the consequences of doing so are ‘disproportionate’.This is necessary: first because the Regulations do not seekmerely to protect discrete age groups, and in practice the interestsof persons of different age may well be in conflict; secondlybecause many decision-making criteria that appear objectiveare in substance, age-related. In order to sort ‘bad’discrimination from ‘good’ discrimination a notionof substantive equality must exist. The Regulations themselvesgive little indication of what equality should mean. There isno existing consensus from which the answer can be drawn, andthe rationales that have underpinned previous anti-discriminationlegislation are not easily transposed to age discrimination.The practical application of the justification defence containedin Regulation 3 will shape the substantive meaning of equalityin this area. This article seeks to identify what the properapproach should be to the provisions of Regulation 3, and suggeststhat this should be derived from considerations of transparentdecision-making, and the need to respect the dignity of theindividual.     

The effective design,implementation and enforcement of socio-economic equality duties: lessons from the pupil premium

Abstract

The UK has extremely high levels of socio-economic inequality, which are predicted to rise over the next five years. Traditionally, equality law was seen as inappropriate to address socio-economic inequality but in the last decade, a growing number of equality duties have been introduced to address this persistent form of inequality. There is, however, little research on the principles that underpin these duties. This article seeks to address this gap through the use of data from interviews conducted with primary school personnel implementing the pupil premium. The article explores understandings of socio-economic inequality by individuals in schools; policy conflicts; the wider context of action to address socio-economic inequality; different decision-making processes; and accountability mechanisms. On the basis of the findings of this study, broad principles are outlined to inform the design, implementation and enforcement of socio-economic equality duties in the future.     

和谐社会视角下城乡公共服务均等化中地方政府职能分析

现代经济发展和社会进步要求政府为社会提供均等化的基本公共服务。而我国传统的城市偏向型基本公共服务供给制度导致了城乡公共服务的非均等化和城乡关系的不和谐,由此产生了农村基本公共服务供给短缺、供给成本分担不合理、供给决策机制不规范、收益分享不公平等诸多问题。本文以地方政府职能为切入点,从优化地方政府职能,建立城乡统筹的基本公共服务供给制度的角度进行探讨,以期为实现城乡基本公共服务均等化提供参考。     

Shifting Conceptions of Sexual Discrimination at the Court of Justice: from P v S to Grant v SWT

Decisions of the Court of Justice have challenged traditional notions of sexual discrimination. In P v S and Cornwall County Council, the Court held that discrimination against transsexuals was contrary to the 1976 Equal Treatment Directive. However, in Grant v South‐West Trains, the Court rejected arguments that Article 119 on equal pay prohibited discrimination on the basis of sexual orientation. This article contrasts the two decisions, and in particular focuses on the inconsistencies in the Court's definition of what constitutes sexual discrimination. The article further considers the underlying factors which may have influenced the Court's judgment, including the moral dimension and the political context of the two decisions. Finally, there is a discussion of the merits of equality litigation strategies, in particular at the Court of Justice.     

Force,Stress, and Decision-Making Within the Belgian Police: the Impact of Stressful Situations on Police Decision-Making

Stress and fear are inevitable aspects of the police job and may have a large impact on police officers’ decision-making process. Many studies have explored how stress and fear may influence assessments of police officers, especially with regard to the use of force. This article aims to contribute to this research domain by reporting the findings from two empirical studies among Belgian police officers: a quantitative study of police officers’ attitudes towards and experiences with the use of force and a qualitative study on the influence of stress and emotions on officers’ decision-making and assessment abilities and accuracy of shooting. Both studies confirmed that stress and fear are often present in Belgian police practice. One of the main findings is that Belgian police officers are anxious about the consequences of their actions because they know they will be held accountable for them. The pressure that results from this accountability can make it even more difficult for police officers to react to stressful situations. Therefore, we need to look for the right balance in this difficult position, by providing tools that support police officers in making daily decisions, and help them do their job as effectively as possible.     

从陈安教授辛勤探索的结晶中感悟其治学之道

《陈安论国际经济法学》(五卷本)是作者探索新兴边缘科学的鸿篇力作。本文概述该书的篇章结构和主要内容,阐明可以从其中揣摩和领悟到作者30年来孜孜不倦的治学之道:着重评介作者论证当代热点难点问题时一贯秉持的鲜明立场,勤于独立思考,是"独树中华一帜"的典范;力求查证第一手原始资料,养成严谨细致的治学习惯;紧密关注当代国际事件,善于从历史渊源、国际政治、世界经济和国际法的多维角度,广征博引,深入分析,由此得出的综合结论不仅令人信服,而且所提出的相应对策也有理有据,成为政府有关部门决策的重要参考。     

The role of marketing activities in the fuzzy front end of innovation: a study of the biotech industry

In this paper we explore the importance of marketing activities during the Fuzzy Front End of Innovation (FFEI), which in product life cycle management is described as the phase between R&D and the beginning of formal new product development. The FFEI is characterized by informal processes and many industry specific conditions. The particular context in which the study was conducted involved research emerging from a US government sponsored institution. Firms obtain licenses for technology from the government sponsored institution with the purpose of advancing them towards commercialization. But, the process of development often gets stalled, especially during the initial stages due to the lack of a number of resources (financial, key personnel, etc.). The specific interest in this study was, therefore, to understand the extent to which various marketing efforts by the licensees enabled the survival of early stage biotech innovations. Licensees would be expected to seek resources by undertaking a number of marketing activities designed to communicate a value proposition to potential resource providers. The study involved qualitative data collection among licensees to uncover marketing activities in which they engaged during the FFEI phase. The data was coded to develop the specific types of marketing activities that had been employed so as to provide insight into which activities were important in enabling early stage innovation survival. Future research can build upon this study’s findings in industries other than biotech and involving different sources of technology transfer (universities, etc.).     

Rule-making, rule-breaking? Law breaking by government in the Netherlands and the United Kingdom

This article concerns a relatively novel issue: rule breaking and unlawful conduct by government bodies; to which degree does it occur, what is the nature of this misconduct, what are the underlying motives, and what are the consequences and possible solutions? Rule and law breaking is harmful for the credibility and integrity of a state and its law enforcement system. However, very little empirical research has been carried out into this issue, in comparison to research into state crime. There is little clarity about how public actors deal with criminal and administrative laws and rules in areas like environmental protection, safety regulations and working conditions. Do government bodies set a good example? Is their behaviour better or worse than the public and businesses? An analytical framework for research will be presented and also the results of an extensive research project in the Netherlands; the main themes of which have been benchmarked against data from the United Kingdom. The article will conclude with a summary of the main findings and a number of suggestions for further research and policy development.     

Interpersonal Racial Discrimination,Ethnic-racial Socialization,and Offending: Risk and Resilience among African American Females

Evidence is accumulating that interpersonal racial discrimination is criminogenic and ethnic-racial socialization (ERS) practices provide resilience. This research, however, has largely focused on black males. We address this gap by exploring these risk and resilience processes among black females. Drawing on Simons and Burt’s social schematic theory and research on adaptive cultural practices in African American families, this study investigates how interpersonal racial discrimination increases the risks of crime among females and whether familial ERS provides resilience. After focusing on females, we also compare the findings among females to those for males to shed light on gender differences. We examine these questions using panel data from the Family and Community Health Study, a survey of black families first surveyed in 1999 and at roughly two-year intervals thereafter. Consistent with prior work, we find a strong effect of racial discrimination on an increase in crime, with the bulk of this effect being mediated by the criminogenic knowledge structure. Although one of the two forms of ERS examined—cultural socialization—did not reduce the criminogenic effects of racial discrimination, preparation for bias exerted a strong protective effect. Comparing the findings to that for males revealed that preparation for bias attenuated the criminogenic effects of racial discrimination for both males and females, but it did so in gendered ways. This study fills a gap in our understanding of the criminogenic effects of discrimination among black females, supporting a social schematic theory’s explanation of the effects of racial discrimination on crime. In addition, findings highlight protective cultural practices in African American families, especially preparation for bias.