CONFIDENTIALITY REVISITED:California Style

Stewart and I have lived through the legal adversary system and we know what havoc it could have wrought on our family…. We were nuts. We were crazy. We were your average psychotic divorcing parents…. What you do not see is we get well. We bailed out of the adversary court system because we could see it was no help to us. We were the lucky ones…. There are thousands like us who could use your help before the war gets started.
—Parent at the 1978 Midwinter Association of Family and Conciliation Courts Conference, Los Angeles.     

DETERMINISM,INDETERMINISM, AND CRIME: AN EMPIRICAL EXPLORATION*

Most individual-level research in criminology is based on a deterministic model: the factors that constrain individuals to crime or conformity are listed, and those factors are used to predict differences in the level of crime between individuals or groups of similar individuals. This paper explores an empirical model derived from recent work on sop determinism and indeterminism. Behaviors are said to vary in the extent to which they are determined, with behavior being fully determined at one end of the continuum and largely free (indetermined) at the other end. There is a discussion of those factors that influence the extent to which behavior is determined. And it is hypothesized that crime will be more variable and less predictable when conditions favor indeterminism. The empirical model in this paper, then, focuses on those factors believed to foster freedom of action and choice, and it uses those factors to predict differences in the amount of variation (unpredictability) in crime between individuals or groups of similar individuals. Data from two national surveys of adolescents provide tentative support for the hypothesis.     

AN EXPLORATION OF THE DETERMINANTS OF REPORTING CRIME TO THE POLICE IN THE CITY OF TIANJIN,CHINA*

Western research has investigated three types of correlates of crime reporting–victim‐specific (individual or household), incident‐specific, and environment‐specific variables. The current study applies this general, analytical framework to explore the determinants of crime reporting to the police in contemporary urban China. Using data collected from a recent survey of criminal victimization in Tianjin, we assess the determinants for reporting of robbery, assault, personal theft, and household burglary. The results consistently show that offense seriousness is a significant predictor of reporting for all offenses studied. Also, a nonlinear relationship between neighborhood disadvantage and reporting of burglary is found. In contrast, individual‐specific and household‐specific factors do not affect reporting, with the exception of a cumulative measure of victimization experience. Measures of neighborhood social cohesion and informal control are also not associated with reporting. The implications of these findings are discussed with reference to the unique neighborhood organizational infrastructure in urban China.     

THE UNINTENDED CONSEQUENCES OF BEING STOPPED OR ARRESTED: AN EXPLORATION OF THE LABELING MECHANISMS THROUGH WHICH POLICE CONTACT LEADS TO SUBSEQUENT DELINQUENCY

Much debate has taken place regarding the merits of aggressive policing strategies such as “stop, question, and frisk.” Labeling theory suggests that police contact may actually increase delinquency because youth who are stopped or arrested are excluded from conventional opportunities, adopt a deviant identity, and spend time with delinquent peers. But, few studies have examined the mechanisms through which police contact potentially enhances offending. The current study uses four waves of longitudinal data collected from middle‐school students (N = 2,127) in seven cities to examine the deviance amplification process. Outcomes are compared for youth with no police contact, those who were stopped by police, and those who were arrested. We use propensity score matching to control for preexisting differences among the three groups. Our findings indicate that compared with those with no contact, youth who are stopped or arrested report higher levels of future delinquency and that social bonds, deviant identity formation, and delinquent peers partially mediate the relationship between police contact and later offending. These findings suggest that programs targeted at reducing the negative consequences of police contact (i.e., poor academic achievement, deviant identity formation, and delinquent peer associations) might reduce the occurrence of secondary deviance.     

LAWYERS AND MENTAL HEALTH PROFESSIONALS WORKING TOGETHER: RECONCILING THE DUTIES OF CONFIDENTIALITY AND MANDATORY CHILD ABUSE REPORTING

Lawyers are increasingly finding themselves working in conjunction with a social worker and/or a psychologist. This dynamic can be found in organizations that take a multi‐disciplinary approach to the law, such as New York City's Legal Aid Society and Lawyers for Children. Collaborative law is another such example. Collaborative law is an increasing trend in family law; it provides a divorcing couple the opportunity to work with professionals from different disciplines, without being subject to the court system. While a multi‐disciplinary approach to the law has the ability to maximize the value of representation, it also can create tension when inconsistent duties are imposed by conflicting professional obligations. A major area of conflict is between the lawyer's duty to maintain client confidences and the mental health professional's duty to report child abuse. This Note discusses the important policies behind these opposing duties. The Note recommends amending state child abuse and neglect laws in order to eliminate the conflict between the professions' duties and allow lawyers and mental health professionals to work together more harmoniously. Amending state child abuse and neglect laws will allow for mental health professionals working with a lawyer who represents a client the same reporting duties as lawyers in the process.     

民主国家言论自由的问题 一个读书札记

<正>一、前言这个题目是不是不通——民主国家就是讲言论自由的,怎么有"问题"了?通常认为这里有一个"悖论":一方面,民主制国家的正当性基础在"民",国家以民权的保护者身份自居,国家的任何运作都不能离开"民权"而展开;另一方面,权利的保护依赖于国家,国家的引入,使得它有需要也有能力根据自己的意志调控对权利的保护。而且,如同法社会史研究所显示,处于现代化过程中的国家,既需要激发民众积极的创造热情和参与精神,又     

PARENTING COORDINATION: IMPLEMENTATION ISSUES1

The parenting coordinator model (“PC model”) has been implemented in many states as an intervention for dealing with high conflict families in domestic relations proceedings before the courts. The PC model has been repeatedly recommended by professionals as an intervention to help families structure, implement, and monitor viable parenting plans and to reduce relitigation rates where high conflict threatens the family adjustment process. This article summarizes current professional literature on the PC model and discusses the PC model as it has been implemented in various states, outlining the implementation issues encountered. This information may serve as a guide for determining the feasibility of establishing the PC model in other jurisdictions, and provides insight into potential impediments and possible resolutions.