“Unredressed” Grievances under RTE: Navigating the State Labyrinth

Despite the refrain that India's statutory rights suffer from weak enforcement, little academic attention has been paid toward the role of grievance redress mechanisms that are crucial to rights enforcement. This article undertakes a systematic policy analysis of the grievance redress system under the Right to Education (RTE) Act at the level of both design and performance by illustrating it through the Karnataka example. Our findings show that the redress procedures under RTE in Karnataka are perplexing and poorly designed and have not led to enforcement of the right. With faltering administrative accountability, many complainants find themselves with unresolved grievances leading to unenforced or improperly enforced rights. Significant changes in the law and a substantial redesign of institutions are vital for effectively enforcing the RTE.     

Thinking with Flint: Racial Liberalism and the Roots of an American Water Tragedy

The lead poisoning of Flint, Michigan’s water is popularly framed as a case of “environmental racism” given that Flint’s population is mostly black and lower income. In this essay I argue that we see the environmental racism that underlies Flint’s water poisoning not as incidental to our political-economic order, nor even as stemming from racist intent, but as inseparable from liberalism, an organizing logic we take for granted in our modern age. I expand on the idea of “racial liberalism” here. While upholding the promise of individual freedoms and equality for all, racial liberalism—particularly as it was translated into urban renewal and property making in mid-20th-century urban America—drove dispossession. In Flint racialized property dispossession has been one major factor underlying the city’s financial duress, abandonment, and poisoned infrastructure. Yet, through austerity discourse, Flint is disciplined as if it were a financially reckless individual while the structural and historical causes of its duress are masked. Tracing the history of property making and taking in Flint and the effects of austerity urbanism on its water infrastructure, my central argument is that our understanding of Flint’s predicament—the disproportionate poisoning of young African-Americans—can be deepened if we read it as a case of racial liberalism’s illiberal legacies.     

Psychological effects of criminal proceedings through contact with the judge: the moderating effect of legal system structure

Psychological effects of criminal proceedings on victims have often been the focus of victimological research. The criminal justice system is repeatedly acknowledged as a source of additional harm for victims. Such a generalization, however, cannot be made to all legal systems universally to the same degree. This article compares the adversarial and inquisitorial structures of criminal justice and examines how the latter may in fact be beneficial to victim's well-being. More specifically, contact with the judge and presence at trial may be one positive form of victim participation in its most informal sense. Hierarchical regression analysis is conducted using victims of serious crimes in the Netherlands and New South Wales (NSW), Australia, to test this hypothesis. The type of legal system (i.e., inquisitorial versus adversarial) is used as a moderating variable on the relationship between contact with the judge and psychological effects. The findings indicate that victims in the Netherlands report a significant relationship, where contact with the judge is predictive of a less negative impact on psychological effects, while a non-significant relationship is found for victims in NSW.     

The interaction of criminal procedure and outcome

Procedural quality is an important aspect of crime victims' experiences in criminal proceedings and consists of different dimensions. Two of these dimensions are procedural justice (voice) and interpersonal justice (respectful treatment). Social psychological research has suggested that both voice and respectful treatment are moderated by the impact of outcomes of justice procedures on individuals' reactions. To add to this research, we extend this assertion to the criminal justice context, examining the interaction between the assessment of procedural quality and outcome favorability with victim's trust in the legal system and self-esteem. Hierarchical regression analyses reveal that voice, respectful treatment and outcome favorability are predictive of trust in the legal system and self-esteem. Further investigation reveals that being treated with respect is only related to trust in the legal system when outcome favorability is high.     

Procedural Justice and Psychological Effects of Criminal Proceedings: The Moderating Effect of Offense Type

It is well-established that victims of crime have numerous preferences when encountering the criminal justice system. Often, research examines these preferences in terms of procedural justice, asserting that elements such as voice, respect, and fair treatment may lead to greater satisfaction and more positive experiences. Positive experiences also entail preventing secondary victimization by the legal system. Much of the research surrounding this topic, however, discusses victims of crime as a single entity. The current research examines if differences among crime victims, namely whether they suffered sexual or non-sexual victimizations, influence their legal preferences. Victims of sexual assault have undergone particularly traumatic and stigmatizing experiences that may warrant a greater need for expression and understanding of their harm. It is hypothesized that for victims of sexual assault, there will be a stronger association between procedural justice and negative psychological effects of criminal proceedings. Therefore, type of offense is examined as a moderator variable of this relationship. Hierarchical regression analysis indicated that there is in fact an interaction effect for procedural justice and psychological effects, suggesting that these preferences are more desired by victims of sexual assault.     

Victims justice preferences in a collectivist,informal setting: The case of Bhutanese refugees in Nepal

An abundance of research has emerged in the last 30 years focusing on justice preferences for victims of crime. In general, findings indicate that victims are interested in aspects of procedural justice, interactional justice, restorative justice, retributive justice and behavior control. Under certain conditions, however, these preferences may vary. One dimension that may lead to individuals diverging in their justice preferences is that of culture. The large majority of victimological research on victim legal preferences has been conducted in western jurisdictions. The current research adds to that body of knowledge by examining a different group: Bhutanese refugees residing in refugee camps in Nepal. This examination focuses on their collectivist status and how such cultural differences lead to different styles and characteristics of conflict resolution. It is hypothesized that victims in a collectivist society will primarily be interested in restoration, while voice to the decision maker, voice to the other party and retribution will not be important in predicting overall satisfaction. A multiple regression analysis confirms the hypotheses regarding voice toward the offender, restoration and retribution. Possible reasons for the remaining findings are discussed.