Dignity and Equality

Inequality remains one of the most challenging issues on theglobal human rights agenda. It is widely recognised that a formalapproach to the assessment of inequality has failed to eliminateentrenched structural social and economic inequality and thata different approach is required in order to tackle the rootsof inequality and achieve substantive equality. In seeking toimplement an approach to equality that addresses the historyof apartheid and the social and economic inequality endemicin South African society, the South African Constitutional Courthas rejected formal equality, and is in the process of developinga substantive interpretation of equality based on the protectionof human dignity. Critics of this approach have argued thatthe concept of human dignity is too indeterminate to providea stable foundation for equality law and that it promotes anexcessively individualistic conception of equality. Focussingon key developments in defining human dignity in German andSouth African constitutional law, this article argues that theconcept of dignity is rooted in a rich tradition which is capableof underpinning an approach to equality which avoids excessiveindividualism and fully recognises the interplay between individualand community needs. A detailed exploration of the equalityjurisprudence of the South African Constitutional Court revealshow the dignity-based approach has been developed in order toprovide a framework within which the actual experience of victimsof discrimination can be explored. It is concluded that thisapproach has the potential to engage with the realities of thewide range of divisions within South African society and theireffects in order to address not only the legacy of apartheidbut also to contribute to the creation of a society in whichevery person is valued equally.     

Assessing the impact of casino gambling on crime in Mississippi

The introduction of legalized gambling into a community has generated a great deal of hubris regarding concomitant criminality. While Las Vegas has long been synonymous with organized crime, the recent focus has been on the connection between traditional crime and legalized gambling. The conventional wisdom among opponents of this new source of revenue is that casinos attract many undesirables to the community, thereby increasing crime and social disorganization. Routine activities theory would suggest that with increased numbers of tourists, more opportunities for crime will exist. To test this proposition, the frequency of crime before and after the introduction of legalized gambling in Biloxi, Mississippi was examined. Larcey-theft and motor vehicle theft were the only categories of crime to show statistically significant change. Robbery and aggravated assault increased, while murder and rape declined, although the change was not statistically significant for any category of violent crime.     

Women murderers and victims of abuse in a southern state

We consider the hypothesis that abused women who kill their abusers are not socially different from other abused women. Comparing two groups of women from a Deep South state, one group incarcerated for killing their partners (n=21) and the other served by a shelter for battered women (n=273), we find mixed support for the conclusion that the two groups represent a homogeneous general population of abused women. The women incarcerated for killing their male partners appear to be more isolated from the social mainstream and in greater perceived danger than the women who used the shelter. An earlier version of this paper was presented at the 1990 Southern Sociological Society Annual Meetings. Invaluable comments on earlier versions of the paper were received from Judith Stitzel, Shirley Dowdy, Ann Paterson, Sally Maggard, Janet Curry, Jon Conte, Mary Jo Ullom, and Lorrie Hardy.     

The case of two trials: Father-son incest

Although efforts for investigating and prosecuting child abuse cases have increased little attention has been paid to juror response to child testimony. This paper, developed as part of a pilot study to test a questionnaire for polling jurors' opinions in child sexual abuse cases, analyzes a case in which there was a reversal of outcome at retrial. Poll results of the jurors' opinions suggest the need for testimony from law enforcement and child sexual abuse experts to explain children's perception, memory, and recall of a reported experience.     

A Metric Comparison of Predictive Hot Spot Techniques and RTM

There are numerous hot spot mapping techniques that can be used in research and in practice for predicting future crime locations. Due to differences in the varying techniques, metrics were developed to compare the accuracy and precision of these techniques. The predictive accuracy index (PAI) and recapture rate index (RRI) were used to assess six different hot spot techniques. Spatial and Temporal Analysis of Crime, Nearest Neighbor Hierarchical, Kernel Density Estimation, and Risk Terrain Modeling were the general techniques compared in relation to their PAI and RRI values for short-term and long-term prediction of robberies. The results of the study were discussed with an emphasis on the utility of using multiple techniques jointly for analysis.