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.     

'Unlawful Enemy Combatant': Status, Theory of Culpability, or Neither?

The Military Commissions Act of 2006 represents the United States’most recent effort to establish a forum to try detainees capturedin its ‘Global War on Terrorism’. This article brieflyexplores the Act's use of the term ‘unlawful enemy combatant’to define both subject matter jurisdiction as well as the potentialsource of criminal liability. The article highlights the term'sabsence from the positive law of war as well as confusion overits legal significance in United States domestic law. Examiningthe relationship between status and protections under the lawof war, the authors conclude the Act's use of the term ‘unlawfulenemy combatant’ reflects legal convenience more thanan objective assessment of the existing laws and customs ofwar.     

Post-Marxism and the Politics of Human Rights: Lefort,Badiou, Agamben,Rancière

Recent histories of human rights have shown that the turn to human rights as a form of politics occurred as a placeholder for utopian energies at the end of history, coinciding with a retreat of the organised left, the abandonment of the theme of revolution, and the pluralisation of political struggles. This essay examines the way that radical continental theory has responded to the political hegemony of human rights by focusing on ‘post-Marxist’ thought. Examining the work of four influential critics of human rights—Claude Lefort, Alain Badiou, Giorgio Agamben, and Jacques Rancière—I argue that post-Marxist thought provides two very different approaches to the political possibilities offered by human rights. The first retains a fidelity to the revolutionary critique of rights by rejecting the language and conceptuality of human rights as too deeply implicated in the liberal political order that needs to be resisted. The second acknowledges the limitations of human rights while arguing that they also offer important tools for democratic political struggle. The essay draws upon these analyses to consider the contemporary political meaning of human rights. It argues that the latter of these strategies is problematic because we now face a radically different political conjuncture to the one in which the politics of human rights first emerged: human rights have played an important role in the project of post-historical reaction; the political space in which the politics of rights once made sense has collapsed; and we have seen substantial political upheavals in the wake of the crisis of capitalism.     

Routes and determinants of leaving home: the city of Gothenburg, 1915–1943

This paper deals with the home-leaving of young adults in Gothenburg, Sweden, in the period 1915–1943. We used individual-level panel data from population registers and poll-tax records, taking a competing risk design for the analysis of the determinants of leaving home to marry, or for non-familial living. We found a transitional, marriage-driven pattern of leaving home that neither fits the old context of life cycle service, nor the alternative modern routes out of the parental home into unmarried householdship. Young adults typically stayed at home until they married, although some moved out to temporary non-familial living first. Non-familial living consisted mainly of lodging in another household, but working outside it, which in a way was a forerunner of the modern pattern, in sharp contrast with the remnant of preindustrial times: the flow from rural areas into Gothenburg of teenage women immigrants to become residential domestic servants. Interestingly, we found that the main determinants of home-leaving in studies of modern-day populations were equally important in the population of Gothenburg in 1915–1943. For both young men and young women, having their own resources (employment, earnings) was positively associated with the likelihood of leaving the parental home. We also found clear gender differences. A higher level of human capital of the father was associated with later home-leaving to marry for sons, and earlier leaving for non-familial living for daughters. Lower levels of household income, or the presence of minor siblings or a widowed parent were push factors for non-familial living for daughters. We found no similar push factors for sons.     

Me,myself and I: the sociology of policing male rape,the gaze of the ‘Other’

In this paper, the bodies of male rape victims as the ‘other’ are problematized. The social and cultural constructions of male rape within a policing context are examined since the police play a major role in impeding the progress of male rape cases. The author draws on police data, generated from interviews and qualitative questionnaires with the police, to illustrate the problems with policing male rape in England, UK. While the author provides empirical data, sociological, cultural, and post-structural theoretical frameworks largely inform it. It is argued that the bodies of male rape victims are positioned in inferior positions, whereby their bodies are metaphorically and symbolically marked as ‘abnormal’, ‘deviant’, and the ‘other’. Through social and power relations, their bodies are tainted, which reinforces gender and social norms.     

Rethinking the Probative Value of Evidence: Base Rates,Intuitive Profiling,and the “Postdiction” of Behavior

It is argued that American courts may be routinely admitting evidence with little to no probative value and great potential for prejudicial impact. This may be particularly likely with regard to what is essentially intuitive profiling or stereotype related evidence, defined herein as evidence suggesting that the defendant (or other party), or his (her) behavior, fits intuitive profiles (or stereotypes) of the type of person likely to commit the crime or behavior in question. In other words, intuitive profiling evidence is admitted to postdict behavior. Formal empirically based profiling evidence (testimony regarding the fit of a defendant's characteristics or behaviors to formal or scientific profiles of the typical perpetrator of the crime in question for use to prove guilt is inadmissible in American courts. However, we suggest that everyday use of informal intuitive profiles underlies both judicial determinations of probative value diagnosticity, and thus admissibility, of evidence, and jurors' use of the evidence in determining guilt. Demonstrations of the use of base rate information to evaluate the probative value of such intuitive profiling evidence both as evidence of guilt and as evidence of innocence are provided. Demonstrations of both how to evaluate the actual probative value of evidence (when all necessary values are known), and the theoretical limit of its probative value (in circumstances where some values are not known) are provided. It is argued that such evaluations may provide the basis for (1) support of motions to either admit or to exclude evidence, (2) testimony to the jury to help them weigh or interpret evidence, (3) exculpatory profiling (profiling evidence of innocence), (4) pretrial research to establish probative versus prejudicial value of evidence, and (5) sufficiency analyses to determine maximum likelihood of guilt, given multiple items of evidence. Among these, the first two are considered most important, as it can be demonstrated that many profiling characteristics currently admitted in trial (such as evidence of battery to support a murder charge) are not probative of guilt.     

Children’s Perceptions of Intimate Partner Violence: Causes,Consequences, and Coping

Children’s appraisals of conflictual and aggressive parental interactions mediate their effect on children’s adjustment. Previous studies have relied almost exclusively on self-report questionnaires to assess appraisals; consequently we know little about perceptions that occur naturally when children witness interparental aggression. This study employed a semi-structured interview to assess the thoughts and feelings of 34 children (ages 7–12) whose mothers were receiving services at domestic violence agencies, and mothers reported on interparental aggression that took place in the home. Children’s thoughts centered on consequences and efforts to understand why fights occurred. They generally viewed their mother’s partner as responsible for violence, though a significant number viewed both parents as playing a role. Sadness and anger were more common than anxiety, and children often attempted to stop or withdraw from fights or both. When asked why family violence occurs, most focused on perpetrators’ lack of control of anger or personal characteristics, but approximately one-third viewed victims as provoking aggression. These findings support the idea that children actively attempt to understand the causes and consequences of interparental violence and suggest that their perceptions and interpretations are important for understanding the development of beliefs regarding the use of violence in close relationships.     

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.     

Trial by media?: Media reliance,knowledge of crime and perception of criminal defendants

Previous research has linked extensive news media coverage of crimes and the criminal process to pretrial jury bias against defendants. Most research, however, has tested the effects of reading fabricated crime stories on mock jury decisions or general perceptions of crime. Using telephone interviews, this study examines whether perceptions of the defendant in an actual double homicide were related to reliance on local news media for news and information. The results provide clear evidence that potential jurors who are exposed to media coverage of crimes form biases against criminal defendants. Newspaper and television reliance were found to be positively related to perceptions of guilt. The results also show that newspaper reliant individuals knew significantly more facts about the case. Television reliant individuals judged the defendant's character as significantly more negative.     

‘The Enemy of God and His Church’: James Hobart,Praemunire, and the Clergy of Norwich Diocese

Praemunire was the offence of undermining royal authority. Despite its antipapal origins, by 1500 praemunire was being used to inhibit the exercise of ecclesiastical jurisdiction within England. Notorious from 1529 as a royal instrument for intimidating the clergy, praemunire was already contentious at the beginning of the sixteenth century. Historians of the common law have identified a growing number of praemunire cases in these years; at the same time, ecclesiastical historians have detected a decline in the business of most church courts. A causal relationship has often been assumed, but not examined in the manner attempted here. A spate of praemunire cases within his diocese provoked from Bishop Nykke of Norwich a famous letter of complaint, in which he censured the attorney-general Sir James Hobart. This article examines the praemunire cases to which Nykke referred and also Hobart's role in promoting them. The interaction between church and common law courts and between their personnel and litigants is explored. New light is shed on relations between leading churchmen and common lawyers and also on the Crown's attitude to praemunire. The evidence presented deepens our understanding of the decline of ecclesiastical jurisdiction in this period.     

A case of mistaken identity: George Stigler, “The Problem of Social Cost,” and the Coase theorem

“The Problem of Social Cost” is rightly credited with helping to launch the economic analysis of law. George Stigler plays a central role in the professional reception of Coase’s work and, in particular, of the idea that came to be known as the Coase theorem. While Coase’s negotiation result was taken up in the scholarly literature not long after the publication of “The Problem of Social Cost,” it was Stigler who gave the theorem its name and introduced it to scores of readers in The Theory of Price (1966). His remaking of Coase’s idea into a “theorem” had significant rhetorical force, which, combined with the challenge that it pose to received thinking about externality problems, both lent credibility to the idea and made it a force to be reckoned with. The present paper analyzes Stigler’s various commentaries on the Coase theorem with a view to getting at both how Stigler understood the theorem and its import and why he exhibited such a fascination with it over the last 30 years of his life.     

The dynamics of committee outliers: Evidence from the house of representatives, 1951–90

In this study, we enter the on‐going debate on committee outliers by addressing two important points. First, we dispute the conventional wisdom that committee outliers are best identified and evaluated using traditional tests of statistical significance. Contesting the appropriateness of such tests, we contend that any observed difference between chamber behaviour and floor behaviour may be substantively significant and use raw mean differences between Americans for Democratic Action (ADA) scores to examine differences between the full House of Representatives and its committees. Second, we attempt to integrate the committee outlier literature into the broader literature on the historical development of the House by using data from 20 Congresses over four decades (1951–90). This longitudinal analysis indicates that there have been interesting dynamic changes in the prevalence of committee outliers across time and committee types in patterns that are consistent with both the principal‐agent framework and the more general literature on congressional change and reform. Many of these important changes are not obvious when relying solely on traditional tests of statistical significance to examine committee outliers.     

Beyond Confinement: The Regulation of Girl Offenders’ Bodies,Sexual Choices,and Behavior

Throughout transformations in juvenile justice, control over girls’ bodies, sexual behavior, and reproductive choices has remained a constant focal point among decision makers, with girls infrequently charged with serious law violations and commonly judged in terms of their moral welfare and chasteness. Using interview data with 62 court and correctional decision makers, this article examines how the contemporary juvenile justice system responds to girls’ sexual behavior and explores the policies and procedures used to restrain sexual agency and reproductive choices, both physically and cognitively. This article also investigates the penalties enforced when girls resist such controls as well as intentions toward change and reform in the system.     

Powerlessness,isolation, and future expectations: A gender‐based analysis of Korean inmates

This study explored gender differences in perceptions of powerlessness, isolation, and postprison expectation among inmates in the Republic of Korea. Korean women and girls occupy a social location that is characterized by marginalization from the labor force, emphasis on a restrictive gender ideology through family and school socialization, and dependence on the position of their family of origin or, after marriage, their husband for social standing. Given their social location and the socialization that supports and reproduces the social structure, the researchers hypothesized that compared to men in prison, women inmates would express lower levels of control over their own lives, greater feelings of isolation, and be more cynical about their life chances upon release from prison. Each of these hypotheses were supported at both the aggregate‐ and inmate‐level of analysis. The findings suggest the need for gender specific programming within the prison for women.     

Review of “Creative Subversions: Whiteness,Indigeneity, and the National Imaginary,” by Margot Francis

Narrative is not only entertainment but also a mode of engaging in negotiation with others, and culture is one of the things negotiated thereby. Stories are structured by an internal and external authority in terms of origin, coherence, and effectiveness in the world. Cultural managers will inevitably be involved in situations where narratives diverge, and they will discover that dealing with competing narratives involves a type of diplomatic communication with a range of participants in the arena of culture, from artists to civic authorities to audiences. Historical anecdotes from both classical and modern eras suggest how powerful cultural credit and cultural production can be and how ideas of culture can be deployed in politics. The slow and careful procedures of diplomacy—taken analogously as communication, protection, negotiation, and sovereignty—can prevent even domestic cultural management from provoking hostility or resistance to a perceived attempt to exert control. Ultimately, we are mostly living in a fluid rather than a precisely calibrated world, and cultural managers know that absolute justifications for cultural work are impossible to find.