Social justice and women leaving prison: beyond punishment and exclusion

Questions related to social justice are often considered frivolous or irrelevant in the context of people who come into conflict with the law. Young (1990, Justice and the politics of difference, Princeton University Press) has pointed to the importance of social justice, especially in societies where the dominant perspective of the privileged is regarded as neutral (and presumably fair), while others remain oppressed and excluded. We investigate the relevance of social justice in the treatment of women who are in prison. Based on more than a decade of practice and four years of research with women in one of Canada's federal prisons for women, we explore the question of social justice in the context of a recreation and leisure initiative whose aim is to assist women not only while they are incarcerated but most especially on release. The social recreation program is brought into the prison by a restorative justice community‐based organization. Men and women from the community come into the prison to recreate together and, in that context of natural conversation, relaxation and dialogue, Circles of support may develop. If a Circle is formed, volunteer members then follow the woman into the community and support her efforts to live as a participating citizen on release. The relevance of the work of Circles in furthering social justice within a system that, despite recent potentially innovative approaches to incarcerating women, has struggled to move beyond traditional practices of punishment and exclusion, which tend not to encourage strong and healthy community life, will be explored.     

Critical justice consciousness: Social injustice and the criminal justice system

In this essay I examine the importance of social justice to my identity and the changing interpretation of my “justice consciousness” resulting from changes in my work life. Drawing on my academic experience as well as my experience as an attorney, I describe the meaning that social justice has for me. I also examine the connections that I see between social injustice and the operation of the critical justice system.     

Economically disadvantaged juvenile offenders tried in adult court are perceived as less able to understand their actions,but more guilty

We investigated the influence of a juvenile defendant's socioeconomic status (SES) on mock jurors’ perceptions of a juvenile tried in adult court. As predicted, participants convicted the low SES juvenile defendant of felony murder significantly more than the middle or high SES juvenile defendant. Yet, participants also rated the low SES juvenile as less mature than the middle or high SES juvenile – a belief that past research shows predicts leniency in verdicts (i.e., not guilty judgments). Finally, stereotypes about the criminality of low SES juvenile defendants, not a lack of perceived similarity, partially mediated the effect of SES on guilt.     

Written records of police interrogation: differential registration as determinant of statement credibility and interrogation quality

Abstract

The backbone of Dutch criminal procedure is the case file including a large number of written records. In Dutch courts the focus is primarily on evaluation of written records. The written record of police interrogation is a mediated account of the interrogation itself. In this study we explore how individual differences in the production of written records by police officers affect the jurists' evaluation of the suspect's story and of the quality of the interrogation itself. In the first study, five police officers produced written records of one and the same interrogation on video of a denying suspect. In the second study, three of those written records are evaluated by jurists. They are asked to determine story acceptability of the suspect and procedural fairness of the interrogation. Findings show that a short and simple interrogation of a suspect results in written records that are quite different (Study I). It is further shown that these differences affect the jurists' evaluation of some of the core issues addressed in a criminal process (Study II). Implications of these findings are discussed as well as a number of possible ways to improve the current state of affairs.     

Business’ societal involvement: towards a moral view

Abstract

Businesses which function according to a neoliberal framework objectify society by seeing it as a mechanism to enhance profit. Businesses become involved on a societal level so as to portray themselves as caring and to generate positive publicity. This article critically discusses this relationship between business and society and then investigates two alternatives, namely, alternatives along the socialism-capitalism continuum and alternatives beyond the socialismcapitalism debate. In this relationship, conservation, eco-operation, empowerment, accord, succour and justice are important to business. The managerial relationship between business and society is analysed against the background of businesses’ involvement in society.     

Challenges in donor–NPO relationships in the context of corporate social investment

ABSTRACT

The purpose of this article is to highlight challenges in the relationship between corporate donors and recipient NPOs within the context of corporate social investment (CSI) in South Africa and to link the relational challenges to problems NPOs face in general. It is theoretically argued that CSI forms an important part of sustainable development and that NPOs, in turn, form an integral part of many organisations’ social investment. The challenges faced by them need addressing for the sake of NPOs, donors and society as a whole. It was found that although the stakeholder relationship generally shows both positive and negative perceptions of the parties involved, the challenges that exist can be traced to challenges in the everyday functioning of NPOs, including resource limitations and dependence; staffing problems; and strategy, management and environmental challenges. These challenges facing NPOs manifest in their relationship with donors and can be seen in the power imbalance in the relationship that favours donors, the lack of transparency by NPOs, divergent views on commitment, the questioned competence of NPOs, time constraints in the execution of activities, a perceived incomprehension by NPOs of the realities of the business world, and an unwillingness on the part of donors to allow NPOs some decision-making power.     

Utilising an Ubuntu-Centred Communication Management Framework to Analyse CSR Messages on SNSS

ABSTRACT

This article is the result of qualitative research conducted on the corporate social responsibility (CSR) communication disseminated by two financial institutions, FNB and Capitec, on their social networking sites (SNSs). The research employed a phenomenological research paradigm to explore the interactions between the financial institutions and their stakeholders on Facebook and Twitter. Collected data were analysed by means of interpretative discourse analysis as well as two computer-aided qualitative data analysis software programmes, Leximancer and Centim. The authors categorised the financial institutions’ CSR communication in themes and coded it according to a newly formulated theoretical framework of Ubuntu-centred communication practices on SNSs. It was found that FNB's CSR communication was based on Ubuntu values whereas Capitec's CSR communication did not exhibit key characteristics, such as the inclusion of narratives and archetypes, sound conflict resolution strategies, and the presentation of mutually beneficial solutions to societal issues. Based on the findings, it is proposed that organisation-stakeholder interactions can be facilitated when organisations disseminate CSR messages and constructively engage with stakeholders on SNSs. Moreover, culturally-specific communication management strategies, such as Ubuntu-centred communication, should be infused in holistic communication models to foster participatory online communities which are characterised by dialogue, mutual trust and reciprocity.     

自白任意性规则的中国运用

自白任意性规则是刑事诉讼应该遵循的基本证据规则.该规则以追求真实、保障人权和排除违法为理论基础,具有促进讯问合法化和维护审判制度良性运作的功利价值.我国法律从文本上看已有成型的自白任意性规则,但在实践中仍存在对该规则的背离现象,刑讯逼供和非法取供仍时有发生.欲改变此种状况,观念的变革是首要条件,自白任意的程序保障是控制手段,排除规则的完善是救济途径.只有在这三方面下手,才能促进自白任意性规则在我国的有效实施.     

The United Nations Assistance Mission in Afghanistan: Impartiality in New UN Peace Operations

Abstract

Set within the complex contemporary context of international interventions, UN peacekeeping operations have now evolved into peace operations. The emergence of the concepts of human security and the responsibility to protect have raised expectations that UN peace operations should deal with both macro and micro level insecurity in conflict and post-conflict situations, especially in the case of failed or collapsed states. Reflecting this development, the question of an appropriate framework in which to conceptualize peace operations has also been debated. This essay considers a conceptualization of UN peace operations from a conflict resolution perspective and analyses the case of the UN Assistance Mission in Afghanistan (UNAMA), using a framework of conflict transformation. It argues that the impartiality of UN operations has been reconceived in terms of the values of ‘human security’ and the ‘responsibility to protect’, making it vital to explicitly articulate the meaning and implications of ‘value-based’ impartiality.     

简论信访制度功能的改进路径——以信访制度纠纷解决功能为讨论中心

信访制度在我国的社会生活中发挥着难以替代的作用,其所承载的公民政治参与、意见表达与权利救济功能不能截然分开,中央和省(市)级信访工作应以公民意见表达为中心,基层信访工作应以纠纷解决(公民权利救济)为中心。信访制度纠纷解决功能的实现机制而非这一功能本身,是造成目前信访困境的根本原因;为保障人们的合法权益,化解目前的信访困境,对信访制度纠纷解决功能的实现机制进行法治化改造或许是改良信访制度的可能路径。