Restoring Choice: The Relationship Between Offense Seriousness,Intervening Time,and Victims’ Responses to the Offer of Restorative Interventions

This study investigates victims’ responses to the offer of involvement in a restorative intervention. It tests the hypotheses that victims’ choices are related to the seriousness of the offense (H1), and that this relationship is moderated by how long after the offense the restorative intervention is offered (H2). A cross-sectional, between-subjects design was used, drawing on data from 256 offenses collected for operational purposes by a restorative justice service. Victims of medium-seriousness offenses were most likely to choose indirect and direct reparation. Intervening time moderated the relationship between seriousness and victim choice: victims of low-seriousness offenses became more likely to choose community reparation with time, victims of medium-seriousness offenses became less likely to choose direct or indirect reparation, and there was no change with time for victims of the most serious offenses. These results suggest nonlinear relationships between seriousness, intervening time, and victim choice. Although more complex and in different directions than anticipated, they lend some support to both hypotheses. The study highlights qualitative differences between types of restorative interventions, points to a significant disparity between victims’ choices and processes the literature suggests are of most benefit, and raises questions regarding when and how restorative interventions should be offered.     

Juvenile Court Practitioners’ Construction of and Response to Sex Trafficking of Justice System Involved Girls

The commercial sexual exploitation of children (CSEC) is a growing domestic health and policy concern. Exploited girls may be at heightened risk for entering the juvenile justice system. The purpose of this study was to explore the needs of CSEC victims and resources available for system-involved girls. The data from this study included semistructured interviews, case discussions, and residential placement meeting observations with juvenile justice personnel. Findings revealed labeling issues related to (1) how court workers construct female victims of CSEC through exploitation myths, (2) the importance of trauma history and relational contexts, and (3) system-level barriers. Recommendations for practice are discussed.     

Taking Stock of Drug Courts: Do They Work?

ABSTRACT

Although researchers, policymakers, and practitioners alike have long known about the established link between substance abuse and criminal behavior, criminal justice agencies in the United States are still tasked with managing an influx of individuals who display symptoms of abuse and dependence. By the late 1980s, the drug court model emerged as an innovative response to this problem, and this reform has since proliferated to such an extent that it is the most common type of problem-solving court in America. Still, there remains much variation in how drug courts are implemented across jurisdictions, which can have strong implications for the outcomes among the courts’ participants. In this review, we summarize the key research on drug court implementation, followed by an assessment of whether they can be said to “work” in terms of reducing criminal behavior and relapse among adults. We conclude that the model remains an evidence-based practice and suggest some directions for future work, including increased emphasis on theory and causal dynamics and key measurement issues.     

Authoritarian legality and informal practices: Judges, lawyers and the state in Russia and China

To participate in the global economy authoritarian states are pressed to offer international business a legal order that protects the interests of investors, customers, and sellers, but the creation of a modern legal order threatens to undermine the leaders’ control of public life. An increasingly common way to resolve this dilemma, I argue, is developing formal legal institutions that appear to meet world standards, while using informal practices to maintain control over the administration of justice when needed. In this paper I show how the governments of post-Soviet Russia (with its hybrid or competitive authoritarian regime) and the fully authoritarian People’s Republic of China as well, have used this approach in their relations with judges and defense lawyers in their respective countries. The analysis underscores the utility of investigating informal practices along with the reform of formal legal institutions, especially in the context of transition.     

How Many Offenses are Really Committed per Juvenile Court Offender?

This article compares juvenile court petitions and self-reported offending between ages 13 and 17 for 506 boys followed up in the Pittsburgh Youth Study. There were 2.4 self-reported offenders for every petitioned offender, and 80 self-reported offenses for every petitioned offense. The prevalence of self-reported offenders stayed constant with age, but the prevalence of petitioned offenders increased with age. Conversely, the individual offending frequency stayed constant with age according to court petitions but increased with age according to self-reports. Therefore, prevalence and frequency did not vary similarly with age, and did not vary similarly in self-reports and court records. With increasing age, more and more of the self-reported offenders were formally petitioned, but they were formally petitioned for fewer and fewer of their offenses. The probability of an offender being petitioned to court increased with the number of offenses that he committed, but the probability of each offense leading to a court petition decreased with the number of offenses committed. There was little overlap between self-reported and official chronic offenders. It is concluded that researchers should always measure both self-reports and official records in studying offending, and that the juvenile court should seek to intervene earlier in delinquency careers.     

Obtaining redress for abuse of office in Russia: The Soviet legacy and the long road to administrative justice

This article examines the options for redressing abuse of office available to citizens in Soviet and post-Soviet Russia. I consider the courts, the procuracy, and the complaint mechanism as sites for citizens to lodge claims against abuse of office in late-Soviet and post-Soviet times. After the collapse of the Soviet system there was an attempt to overcome the Soviet legacy, to strengthen legal institutions and establish administrative justice. Analysis of Soviet and post-Soviet normative documents and statistical data allows us to argue that opportunities for Russian citizens to combat service crimes in the courts have improved substantially. However, the system for coping with abuse of office remains imperfect, and retains features of the Soviet legacy despite vague legislation about administrative justice and dual ways of coping with abuse through legal and quasi-legal mechanisms. The re-establishment of the complaint mechanism in the conditions of contemporary Russia exacerbates this imperfection. Overall, the complaint mechanism occupies a significant place in people's options for making claims against officials, especially claims against high-ranking officials.     

An Exploratory Study into the Understandings and Awareness of Leadership Ethos and Its Inherent Critical Success Factors by Public Sector Officials in the Department of Trade and Industry (DTI) and the Ministry of the National Economy (ECONAT)

ABSTRACT

The purpose of this study is to examine the understandings of public sector leaders about Leadership Ethos (LE) and its inherent Critical Success Factors(CSFs) looking at their application in the public policy implementation process. The study applied an adapted theoretical paradigm on leadership that borrows from the Western and African contexts. In the light of the aim and objective of the study, both the interview schedule and survey questionnaires were used to gather information with regard to LE and its inherent CSFs. In this view, a semi-structured interview schedule was used to guide both interviews with senior public officials - one in the DTI and one in the ECONAT. A survey questionnaire was administered to public officials at middle and lower management levels working and reporting directly to the interviewed senior public officials. The purpose of the questionnaire was to reduce personal biases inherent in the responses of the senior officials, which appear to be a challenge emerging from self-perception assessments. Research findings suggest that leaders at the DTI and the ECONAT do not sufficiently demonstrate an awareness of LE and its inherent CSFs in the practice of leadership. LE enables leaders garner followers’ trust and obtain their consent; encourage followers’ commitment to organisational goals; and introduce and encourage participatory decision making processes as key factors to successful public policy implementation.     

If territorial fragmentation is a problem,is amalgamation a solution? – Ten years later

ABSTRACT

Over the last decade, municipal territorial amalgamation has occurred in 15 European countries. The same period has seen spectacular progress in research on the relationship between municipal size and the functioning of local governments, as well as the impacts of territorial reforms on economic performance and local democracy. Quasi-experimental designs treating territorial reforms as specific “research laboratories” have constituted an important part of that trend. However, there are still important gaps in the knowledge and the study results are often inconclusive. These observations call for a research agenda for the future.     

Russia’s local government in the process of authoritarian regime transformation: incentives for the survival of local democracy

In 2003, the authorities of Russia launched a comprehensive reform of local government. One of the elements of this reform was the replacement of the previously predominant form of local government, characterised by the presence of directly elected mayors, with the council-manager model. While originally motivated largely by the desire to enhance the efficacy of local government, the reform was implemented concurrently with Russia’s transition to electoral authoritarianism, with the council-manager model emerging as a major tool of authoritarian transformation. This study uses the data from 79 capitals of Russia’s regions in order to identify those factors that facilitated the survival of directly elected mayors in these cities. The analysis reveals that the past trajectories of regime transitions at the regional level in the form of elite settlement, economic resourcefulness, and the lack of politically motivated deference to the federal authorities contributed to the survival of local democracy in Russia.