Youth In Prisons and Training Schools: Perceptions and Consequences of the Treatment-Custody Dichotomy

Transfer (or waiver) of juveniles to criminal court is one of the most extreme responses to serious youth crime. Although many states have recently revised their transfer statutes, and the number of juveniles prosecuted as adults increases each year, little research has been conducted to assess the correctional experiences of delinquent youth convicted in criminal court and sentenced to adult prison. Evaluations of such experiences are important to policymakers and juvenile justice officials who are considering juvenile transfers as a strategy for securing longer and harsher confinement for offenders. Based on interviews with 59 chronic juvenile offenders placed in state training schools, and 81 comparable youths sentenced to adult correctional facilities, this article presents a comparison of offenders' perceptions of their correctional experiences. Juveniles incarcerated in training schools give more positive evaluations of treatment and training programs, general services, and institutional personnel than do those youths in prison. Juveniles housed in institutions which emphasize security over treatment — i.e., prisons — are more often victimized during their confinement than youths in the treatment-oriented training schools. Once placed in prisons, adolescent inmates are more likely to be victims of prison violence and crime from both inmates and staff. These research results suggest some paradoxical effects of the treatment-custody distinction implicit in judicial waiver practices. The differential socialization into crime and violence for youths in adult prisons may increase the risks of having these types of behavior repeated by transferred youths once released.     

Capitalist Punishment: Ethics and Private Prisons

One of the results of Western capitalism has been the increasing pressure for the privatization of the criminal justice system. Although there has long been private or nonprofit involvement in corrections, a newer response has been to turn entire prisons over to private enterprise, or to pay private prisons to house state or federal inmates. Progressively, then, inmates once completely devalued as social junk are being valued as commodities to be sought after. This paper attempts to discuss a series of issues around private prisons. As we can only look at several issues in one paper, we shall concentrate our attention on construction, operating costs, accountability and broader ethical questions. This revised version was published online in July 2006 with corrections to the Cover Date.     

Private Versus Public Placements A study of recidivism among adjudicated juvenile offenders

The shift from public to private placements for juveniles offenders has become much more pronounced over the last several decades. Using longitudinal data drawn from a medium-sized Midwestern county, we examine whether private residential placements are more effective than public training schools in reducing recidivism levels. We define recidivism in terms of level of reoffending, seriousness of reoffending, and time to failure. We control for a variety of demographic and legal factors to reduce the possibility of spurious findings. Results show that private placements are no more effective than commitments to state-operated institutions in reducing recidivism levels. Additionally, the cost associated with committing juveniles to private facilities is substantially higher. We conclude by considering how our study informs current debate about the privatization of juvenile corrections.     

Less is Sometimes More: Consequences of Overpayment on Job Satisfaction and Absenteeism

This article investigates the responsive and purposive consequences of overpayment by studying changes in job satisfaction and absenteeism over time. Overpayment is defined as the positive deviation from the net earnings subjectively considered being fair. Two theoretical approaches are tested providing differing predictions: The self-interest model predicts that any increase in earnings always increases individual job satisfaction and that no changes arise in the number of days absent. The justice model predicts that overpayment reduces individual job satisfaction, and that absenteeism decreases in the period that follows. These predictions are tested with longitudinal data from a large-scale survey by means of fixed-effects regression analysis. The results show that increases in pay that are perceived as overpayment decrease job satisfaction and reduce absenteeism in the subsequent period.     

Where Movements Matter: Examining Unintended Consequences of the Pain Management Movement in Medical,Criminal Justice,and Public Health Fields

Social movement scholars have rarely considered professional fields as sites of social movement consequences and have overlooked how social movement consequences traverse field boundaries. This research examines where movements matter by examining unintended consequences across professional fields. Drawing on a case study of the pain management movement, this study asks (1) under what conditions do movements targeting a focal professional field create consequences in adjacent fields; (2) what factors affect how adeptly the adjacent field responds; and (3) how do social movement impacts on adjacent fields affect the focal field? Findings demonstrate how the success of the pain management movement in medicine helped to fuel the opioid epidemic, which detrimentally affected the adjacent fields of criminal justice and public health. These adjacent fields' strategies for curbing spillover, in turn, created a new set of consequences for medicine. Their responses depended on material and moral resources and authority structures that differed significantly across the two adjacent fields. This article concludes with a discussion of factors that may facilitate or deter cross‐field contagion effects and offers suggestions for future research.     

In Defense of Class Struggle

Critical Criminology - In his article, “In Defense of Resistance,” Ferrell (2019) argues for the importance and centrality of the study of everyday and emergent acts of resistance to...     

In Defense of Criminal Possession

Criminal law casebooks and treatises frequently mention the possibility that criminal liability for possession is inconsistent with the Voluntary Act Requirement, which limits criminal liability to that which includes an act or an omission. This paper explains why criminal liability for possession is compatible with the Voluntary Act Requirement despite the fact that possession is a status. To make good on this claim, the paper (1) defends the Voluntary Act Requirement, (2) offers an account of the nature of omissions of the kind that need be included in that for which criminal liability is imposed in the absence of a voluntary act, and (3) argues that possession is a status that is constituted in part by an omission of this sort. The result is that to hold people criminally liable for possession is to hold them criminally liable both for a status and for an omission, an omission that is part of what it is to have that status. The paper also distinguishes possession from vagrancy, which is not a proper object of criminal liability, precisely because of constraints placed by the Voluntary Act Requirement. And the paper argues that possession incident to dispossession is not a proper object of criminal liability because it does not involve an omission of the kind that other forms of possession involve.     

公诉权与辩护权的比较思考

公诉权和辩护权的形成过程表现出不同的特征,二者都深深地根植于赖以存在的社会制度和诉讼文化之中。世界上公认的两大法系——大陆法系和英美法系的公诉制度和辩护制度的形成和表现形式存在着较大的差异。实现公诉权和辩护权的平等对抗是控辩式诉讼制度的初衷,为达到这一目标,我国还需要从完善诉讼制度方面加快刑事诉讼改革的步伐,努力使公诉权和辩护权由不平等走向平等。