National social spaces as adjustment variables in the EMU: A critical legal appraisal

The article critically engages with the reconfiguration of the role and status of national social spaces within the EU constitutional fabric after the reform of European economic governance. Its main contention is that these reforms have converted national social spaces into adjustment variables whose main function is to contribute to the pursuit of EMU‐related objectives. This transformation alters the balance between the economic and the social dimension in the EU legal order, deforming one of the defining traits of its constitutional identity.     

Corruption tolerance as a process of moral,social, and political cognition: evidence from Latin America

Crime, Law and Social Change - While corruption is commonly understood in behavioral terms, the dominance of political and economic approaches has hindered the integration of relevant psychological...     

Participation in prevention programs for dating violence: beliefs about relationship violence and intention to participate

This study utilizes the Health Belief Model (HBM) to examine the factors related to the intention to participate in prevention programming for dating violence. Perceptions of susceptibility to future violence and the benefits of prevention programming appear to be the strongest predictors of participation in prevention programs. Perceptions of the severity of dating violence do not appear to be related to intentions to participate. There were no differences in intention between those reporting psychological or physical violence in their dating relationship, although some of the HBM factors were associated with a history of violence. Contrary to hypotheses, psychological and physical violence did not moderate the impact of the HBM factors on intention. Implications of these findings are discussed and recommendations for recruiting participants for primary and secondary prevention programs are offered.     

Drug and violence prevention: Rediscovering the critical rational dimension of evaluation research

Following criticism of government-funded drug prevention activities of the early 1990s, a spate of best practice or science-based lists of alcohol, drug and violence prevention programs have been produced by federal agencies in recent years. The writings of Donald T. Campbell on validity have had a profound influence on the development of the methodological quality scales that have been utilized in the review processes used to generate these lists. Implicit in this approach to the identification of science-based prevention programs is the idea that science is equivalent to research methodology and study design. Following Karl Popper and Campbell, I contend that, while certain designs are clearly better than others in dealing with threats to internal validity and allow for better generalization of results beyond the study population, utilization of these designs in and of itself is not sufficient to designate an evaluation study as scientific. Nor can the accumulation of data from such studies be used to proclaim an entire area of research a science, as has occurred with the field of so-called prevention science. Rather, the fundamental criterion by which to judge the scientific status of a theory is falsifiability. If the field of drug and violence prevention is truly a science, then it should be subjecting its predictions about the effects of intervention programs to genuinely critical tests and not attempting to verify these hypotheses. It is argued that it has failed to do this, and two specific examples of prevention programs that appear on a number of science-based lists of prevention programs are discussed.     

Replacing and Amending Constitutions: The Logic of Constitutional Change in Latin America

Since 1978, all countries in Latin America have either replaced or amended their constitutions. What explains the choice between these two substantively different means of constitutional transformation? This article argues that constitutions are replaced when they fail to work as governance structures or when their design prevents competing political interests from accommodating to changing environments. According to this perspective, constitutions are likely to be replaced when constitutional crises are frequent, when political actors lack the capacity to implement changes by means of amendments or judicial interpretation, or when the constitutional regime has a power‐concentrating design. It is further argued that the frequency of amendments depends both on the length and detail of the constitution and on the interaction between the rigidity of the amendment procedure and the fragmentation of the party system. The article provides statistical evidence to support these arguments and discusses the normative implications of the analysis.     

Human Rights Prosecutions and the Participation Rights of Victims in Latin America

Since the 1980s, there has been a significant rise in domestic and international efforts to enforce individual criminal accountability for human rights violations through trials, but we still lack complete explanations for the emergence of this trend and the variation observed in the use of human rights prosecutions in the world. In this article, we examine the role that procedural law has had in allowing societal actors to influence in this rising trend for individual criminal accountability. We do this by focusing on participation rights granted to victims, such as private prosecution in criminal cases. Based on an exploration of an original database on human rights prosecutions in Latin America and fieldwork research in three countries, we argue that private prosecution is the key causal mechanism that allows societal actors to fight in domestic courts for individual criminal accountability for human rights violations.     

Police response to domestic violence: making decisions about risk and risk management

Assessing and responding to risk are key elements in how police respond to domestic violence. However, relatively little is known about the way police make judgments about the risks associated with domestic violence and how these judgments influence their actions. This study examines police decisions about risk in domestic violence incidents when using a risk assessment instrument. Based on a sample of 501 risk assessments completed by police in Australia, this study shows that a limited number of items on the risk assessment instrument are important in police officers' decisions about risk. Statistical analyses show that the victim's level of fear contributes to police officers' judgment on the level of risk and their decisions on which risk management strategy should be used. These findings suggest that research on police responses to domestic violence needs to pay greater attention to situational dynamics and the task requirements of risk-based decision making.     

Entrapment in small, enclosed spaces: a case report and points to consider regarding the mechanism of death

The mechanism of death due to confinement in an enclosed space is usually ascribed to asphyxia from oxygen deprivation. We report the case of the decomposed remains of a 23-year-old man discovered in an unused industrial size refrigerator in which the mechanism of death is heatstroke. The investigation of the death indicates the subject most likely voluntarily entered the refrigerator and for unknown reasons, closed the door. Injuries identified at autopsy and damage to the inside of the structure indicate he struggled to exit the cabinet. The autopsy shows no significant natural disease processes and toxicology studies were negative. The diagnosis of heat stroke typically rests on the evaluation of multiple features, including the age and size of the decedent, the ambient temperature, the medical history of the decedent, whole body hydration, body fat content, alcohol and drug use, medication history, general physical condition, and many other factors. The diagnosis of heatstroke due to confinement in an enclosed container requires evaluation of the heat stress of the container, the heat strain experienced by the individual, autopsy findings suggesting signs of a struggle to exit the container, and other factors. In all such cases, a careful death investigation with correlation of autopsy findings is required to accurately determine the mechanism and cause of death. We suggest that for all such deaths, physiological and environmental factors promoting hyperthermia and heatstroke be considered as a possible mechanism of death, along with those associated with the more obvious danger of asphyxiation.     

Design and Test of an Index to Measure the Capability of Cities in Latin America to Create Knowledge-Based Enterprises

An index has been created, based on the experience of a prior version tested in 5 cities in Chile, and from an extensive literature search. Its purpose is to rank cities in Latin America on their capability to create knowledge-based enterprises, in a way that is understandable by stakeholders, motivates action and facilitates diagnosis. The index consists of 7 groups of 50 variables (knowledge, innovation, entrepreneurship, business foundation, cultural framework, creative magnetism and entrepreneurial management). All variables are measured by numerical data from secondary sources. The index is tested for feasibility and cost-effectiveness in one city, Santiago. It is concluded that data limitations will require the use of survey techniques, including survey of perceptions, for about 1/3 of the variables to increase accuracy and generate a more meaningful information for future analysis. Various directions for future research are suggested.     

Talking in the dark: Rules to facilitate open debate about lawful access to strongly encrypted information

Strong encryption can prevent anybody from accessing user data, including the technology companies responsible for its implementation. As strong encryption technology has become increasingly prevalent, law enforcement agencies have sought legislation to secure continued lawful access to the data affected. Following analysis of the encryption debates in the United States and the United Kingdom, this article will propose three rules that governments should follow to facilitate open debate and prevent the implementation of unsafe lawful access solutions. Firstly, we will provide context on current encryption policy. Secondly, it will be shown that continuous open debate must be facilitated in order to prevent the implementation of unsafe lawful access solutions. Finally, it will be argued that governments should be held to three rules when engaging in debate about lawful access: legislation governing lawful access must state clearly on its face whether decryption can be mandated; the encryption debate must not be oversimplified or reduced to emotive examples in order to secure public support for unsafe solutions; and safeguards on warrants must not be conflated with safeguards on lawful access mechanisms in order to suggest that solutions are safer than is actually the case.     

The application of the transtheoretical model to offender populations: Some critical issues

Purpose. Over the past two decades, the transtheoretical model (TTM) of change has become perhaps the most widely used model of behaviour change in the treatment of addictive and/or problem behaviours. More recently, the stages of change component of the TTM has been adopted for use in forensic settings. This paper aims to review the application of the TTM model to offender populations. Arguments. The application of the TTM to offenders raises a number of issues regarding the process of behaviour change for offenders attending treatment programmes. It is argued that while the TTM has been designed to account for high frequency behaviour (e.g. smoking, alcohol misuse), offending behaviour may be less frequent and the process of change less cyclical. Moreover, it is suggested that the most important issue in a treatment context is the proper integration of the TTM constructs. There have been few empirical tests of this aspect of the model. Conclusion. While the TTM may have some value in explaining how rehabilitation programmes help offenders to change their behaviour, the stages of change construct is, by itself, unlikely to adequately explain the process by which offenders desist from offending.     

Social meanings of terrorism: Reification,violence, and social control

Conclusion Terrorism as a force in social and international relations appears to some as a relapse into barbarism, a peculiar and dismal aberration of civilized life, and a step backward in the conduct of war. Whether terrorism as a way of settling disputes is better or worse than what preceded it is a value question that cannot be adequately addressed here. Most changes or innovations in war tactics have been regarded as unfair, sneaky, or unsporting upon their introduction, but circumstances usually force their acceptance and the sophistication of violence escalates. When set against the tapestry of a thousand years of military history, terrorism can be seen as a tactic frequently employed by both governments and individuals. It is modern industrial society's increased vulnerability to this form of violence which makes it appear so horrendous, and subjects it to moral indignation [27].In a behavioral sense, official and individual terrorism achieve similar results, although governments usually have greater resources on hand. It is above all a reified conception of governments, nation-states, and the legitimacy of official terrorism that permits the social meaning process to function as it does, i.e. individual terrorism is condemned as morally repugnant, while official terror is accepted as severe but necessary. With this bifurcation in mind, the sociologist has a choice — banish the term,terrorism altogether since it amounts to little more than moralized name-calling, or save the concept since it does in fact make an important distinction between types of violence, and apply the term even-handedly to both governments and individuals.I wish to thank Deirdre Daly for her editorial assistance     

The history of family and colonialism: Examples from Africa,Latin America,and the Caribbean

The historical study of the family started later in the “Third World” than in Europe and North America, and the link between colonialism and family structures in the colonized or formerly colonized countries has not been explored thoroughly. In this issue we have chosen examples from Africa, Latin America, and the Caribbean in part because the importance of people of African background in both continents provided a certain link. The main connection, though, was the fact that all examined cultures had to cope with Christian-European family norms and with the values of the colonizers. The aims, forms, and historical circumstances of the colonial situation were quite different in all the cases examined. When changing conditions made traditional kinship bonds less reliable or less workable, people turned to alternative institutions such as gynaegamy or gender groups. If there is one conclusion to be drawn from all the examined cases, it is that colonized societies had the ability to use a variety of family forms as they adjusted to new situations.     

The history of family and colonialism: Examples from Africa,Latin America,and the Caribbean

The historical study of the family started later in the “Third World” than in Europe and North America, and the link between colonialism and family structures in the colonized or formerly colonized countries has not been explored thoroughly. In this issue we have chosen examples from Africa, Latin America, and the Caribbean in part because the importance of people of African background in both continents provided a certain link. The main connection, though, was the fact that all examined cultures had to cope with Christian-European family norms and with the values of the colonizers. The aims, forms, and historical circumstances of the colonial situation were quite different in all the cases examined. When changing conditions made traditional kinship bonds less reliable or less workable, people turned to alternative institutions such as gynaegamy or gender groups. If there is one conclusion to be drawn from all the examined cases, it is that colonized societies had the ability to use a variety of family forms as they adjusted to new situations.     

Community violence victimization and depressed mood: the moderating effects of coping and social support

The objectives of the current study were to (a) determine how lifetime community violence (CV) victimization, coping behavior, social support (SS), and depressed mood are related in young adults, and (b) assess whether the relationship between CV victimization and depressive reactions is moderated by perceived SS and coping style. Five hundred fifty college students (160 men, 355 women) completed questionnaires measuring lifetime experiences with violence, current depressed mood, perceptions of SS from family and friends, and general coping styles. Results of a series of hierarchical regressions indicated a positive relationship between frequency of CV victimization and depressed mood. Low levels of perceived SS and problem-focused coping and high levels of disengagement coping were associated with increased depression scores overall, but there was an interaction effect such that high disengagement coping strengthened the relationship between CV and depressed mood. Moreover, when controlling for the effect of posttraumatic stress, high-perceived friend support and low disengagement coping served as protective factors for depressed mood. These results were particularly strong in individuals whose last CV experience occurred within the previous 2 years. Findings suggest that perceptions of support and ability to actively cope with stressors are very important in the adjustment to CV victimization.