“It’s a Rush”: Psychosocial Content of Antisocial Decision Making

Changes in the juvenile justice system have led to more serious sanctioning of adolescents (Heilbrun, Goldstein, & Redding, 2005). A salient question for understanding whether such sanctions are appropriate pertains to whether adolescents are less mature than adults in making decisions that lead to antisocial activity. The current study codes for psychosocial content of antisocial decision making in adolescents (ages 12–17), young adults (18–23), and adults (ages 35–63). Results suggest that adolescents and young adults display increased psychosocial content in their antisocial decision making relative to adults. However, the unique effect of psychosocial content on self-report criminal behavior was significantly greater among adolescents than among adults, whereas for young adults this was not the case. Implications for legal policy are discussed.

Making sense of ‘consent’ in a constrained environment

BackgroundThis project investigates patients' and practitioners' experiences and understandings of the consent process, as it is governed by the Mental Health Act in Great Britain.AimsWe aim to illuminate our respondents' experiences of the consent process, and to explore their attempts to make sense of that process.MethodSemi-structured interviews with 5 Responsible Medical Officers, and 7 of their consenting adult patients, were conducted at a medium-secure psychiatric hospital. We approached the analysis from the perspective of Interpretative Phenomenological Analysis.ResultsOur analysis begins with an account of some of the common phenomenological consequences of the consent process as our participants understand them, but then moves on to discuss some of the contextual constraints which are evident from their negotiation of these understandings.ConclusionsWe conclude by outlining a number of emergent issues relevant to the current development of new Mental Health legislation. These include: mechanisms to allow collaboration with user groups; a more consultative role for users in their own treatment decisions; formal training and support for those conducting competency assessments; and more flexible and transparent legislative frameworks.     

Reconciliation of women’s rights and cultural practices: polygamy in Ghana

The article analyzes women’s rights and the practice of polygamy in Ghana. The various justifications given for the practice and the colonial attitude towards the practice are examined. The article focuses on how polygamy impacts the attainment of substantive equality for Ghanaian women. As the total abolition of polygamy would be a challenging and problematic objective at this stage, due to the entrenched nature of the practice, it is instead recommended that law be used to protect women in polygamous marriages from domestic violence and ensure their property rights.     

It’s a man’s world: barriers to gender transformation in the South African judiciary. Perspectives from women advocates and attorneys

The judiciary in South Africa has made great strides in creating a diverse bench. However challenges continue as regards the appointment of women, some of which are attributable to the nature of the legal profession. Currently, there are 86 women judges in the Superior Courts nationally out of a total of 243. Judges are drawn from the professions of advocates, attorneys, magistracy and academia. Women in these areas of law are confronted with issues that have a bearing on any aspirations of future accession to the judicial bench. The aim of this article is to analyse two specific challenges faced by women advocates and attorneys that were identified over the course of the last three years through legal sector meetings. These are the unequal distribution of work and discriminatory perceptions of women’s abilities. I argue that the two factors are directly related to the inadequate representation of women on the bench. My argument will be informed by, amongst others, dialogues from the legal sector meetings, observations of the judicial appointments process and desktop research. I conclude that failing to engage with the identified obstacles will negate any efforts to further increase the number of women judges.     

Child-related leave and women’s labour market outcomes: towards a new paradigm in the European Union?

The current European Union (EU) legislative framework on child-related leave is facilitating an imbalance in the take-up of leave by women over men. There is a consolidated EU right to maternity leave for mothers but there is no parallel EU right to paternity leave for fathers. The EU right to parental leave is for both working mothers and fathers, but its design does not encourage an equal take-up by women and men. The aim of this article is to gain insight into the effects of child-related leave on women’s labour market outcomes. On the one hand, it reviews and analyses economic literature which points to the adverse consequences of leave on women’s earnings, and even on women’s labour market participation when the absences from work are very prolonged. On the other hand, it underlines the new direction followed by the European Commission towards greater equality between men and women at home and at work.     

Australian post-separation parenting on the smartphone: What’s ‘App-ening?

In recent years Australia has seen increasing use of digital technology including smartphones and with that, increasing development and availability of online family law resources including digital applications (‘apps’). However, the extent to which online resources are being used – and are considered useful – by those experiencing relationship separation has not so far been the focus of Australian empirical research. After first briefly examining digital developments in Australia more broadly, we draw on recent data from 35 separated parents across four states to explore use and utility of family law resources available on smartphones from a ‘consumer’ perspective, focusing on apps. Our analysis suggests a gap between what is available, and what is known about and used by separating parents.     

From West Africa to the Balkans: exploring women’s roles in transnational organized crime

There is a lack of reliable data on the role of women in transnational organized crime. So far, the focus of this research has overwhelmingly been on the Italian Mafia. Little is known about women’s roles in other types of organized crime activities. Since there is an ongoing perception that draws on stereotypical imagery of women in organized crime as appendixes to their male counterparts, this article explores whether women are indeed as oppressed in transnational organized crime as they are in other spheres of life. It focuses on the stereotypical constructions of femininity (victims) and masculinity (criminals) and argues that hegemonic gender roles are defined by the dominant European/American culture. The article takes a multicultural feminist approach and studies female criminality in the context of “doing gender,” an approach that assumes that the feminine gender role is something that must be accomplished in the context of specific situations. By studying the roles of women from West Africa and the Balkans in transnational criminal activities, it specifically examines how time and space, as well history and culture, contribute to one’s position in a criminal network.     

The ‘unwanteds’ and ‘non-compliants’: ‘unsupported mothers’ as ‘failures’ and agents in Australia’s migrant Holding Centres*

Abstract

Ideas of assimilated citizenship are inherently gendered and during Australia’s post-World War Two migration boom they were deeply and explicitly invested in marriage, children and domesticity. In this period of social conservatism and economic boom, assimilation rhetoric functioned as a reassuring mirror for the host population, promoting the dream of prosperous family life as the ultimate aspiration for refugees and migrants. The role of immigration Holding Centres within this vision was to provide a context in which migrants and refugees could take their first steps towards accomplishing this dream. These Centres of necessary temporary residence were designed as sites of transition towards autonomous, assimilated family life. However, those families headed by single mothers, often referred to in government records as ‘unsupported mothers’, had limited opportunities to live up to such images of assimilation, or even to comply with the economic imperatives of the migration scheme that had brought them to Australia. Based mainly on Department of Immigration records, this article demonstrates that despite recognising the long-term economic and social prospects their children represented, government agencies viewed many unsupported mothers as system failures. They attempted to remedy the situation by turning these women into live-in domestic workers, at times placing pressure on them to institutionalise their children in order to facilitate this, thereby prioritising their compliance with economic imperatives over support for their parenting. Within the limited scope of their agency, unsupported mothers responded by attempting to negotiate the terms of their compliance or simply refusing to comply. For the latter group, Holding Centres became a more permanent home. This permanence is read here as a gendered form of resistance to a system that struggled to foster their economic self-reliance without compromising their capacity to be mothers.     

The effects of university-level policies on women’s participation in academic patenting in Italy

The Journal of Technology Transfer - A growing stream of the academic literature has investigated the factors that hamper the participation of women researchers in patenting and commercialization...     

Communication error management in law enforcement interactions: a receiver’s perspective

Two experiments explore the effect of law enforcement officers’ communication errors and their response strategies on a suspect’s trust in the officer; established rapport and hostility; and, the amount and quality of information shared. Students were questioned online by an exam board member about exam fraud (N_study1 ?=?188) or by a police negotiator after they had stolen money and barricaded themselves (N_study2 ?=?184). Unknown to participants, the online utterances of the law enforcement officer were pre-programmed to randomly assign them to a condition in a 2(Error: factual, judgment)?×?3(Response: contradict, apologize, accept) factorial design, or to control where no error was made. Our findings show that making (judgment) errors seem more detrimental for affective trust and rapport in a suspect interview, while no such effects appeared in a crisis negotiation. Notably, we found a positive effect of errors, as more information was being shared. The ultimate effect of the error was dependent on the response: accept was effective in re-establishing rapport and decreasing hostility, while contradict threatens it. Accept seems more effective for the willingness to provide information in a suspect interview, while apologize seems more effective for affective trust and rapport in a crisis negotiation.     

Amitav Ghosh: The Nutmeg’s Curse: Parables for a Planet in Crisis

Jindal Global Law Review -     

Secure pathways for women in the UK: lessons from the women’s enhanced medium secure services (WEMSS) pilots

Abstract

Women’s enhanced medium secure services (WEMSS) is a model of care aimed at providing a more appropriate level of security for women and, in so doing, reducing the number of women in high secure psychiatric services. In 2007, three Department of Health commissioned WEMSS pilots became operational. This study compared the clinical outcomes of women in WEMSS with control women in six standard medium secure services and one high secure service matched on key clinical and risk characteristics, in order to examine their pathways of care. Our findings confirm that the WEMSS pilots were successful in transitioning women from high secure services who had previously been thought unsuitable for medium secure services. However, WEMSS showed no additional clinical benefit, suggesting that these women could be cared for equally well within standard medium secure services. We make recommendations about WEMSS and the future shape of women’s secure care in England.     

From Safety to Danger: Constructions of Crime in a Women’s Magazine

This study examines how the print media constructs signifiers of safety and danger for women. We analyze 155 news articles regarding crime and criminal justice from 1970 to 1990 in Chatelaine magazine, a Canadian women’s periodical. Both content and textual analyses are deployed to evaluate the media representations of crime and their role in facilitating images of fear and safety. We show that the meanings associated with women’s danger and safety in news narratives are socially constructed through claims, sources, content and culture. We find that news reporting did not initially incorporate signifiers of fear. However, crime messages increasingly included images of fear in the later reporting period. We argue that the transformations surrounding these images and texts are influenced by the rise in neoliberal thought in the 1980s. Our results indicate that ideological struggles external to the media are crucial to the representation of crime, which ultimately influence signifiers of danger and safety for women.     

Women’s Role in Serial Killing Teams: Reconstructing a Radical Feminist Perspective

This article examines women’s roles in serial killing teams and reconsiders the traditional applications of radical feminist research on serial killers. These applications limit the utility of radical feminist theory for understanding female serial killers who kill in teams. An analysis of patriarchal power relations, which emphasizes the constitutive element of radical feminist theory, provides a useful framework to achieve insight into female serial killers who kill in teams. The advantage of this approach is demonstrated through three case studies of this type of female serial killer: Martha Beck, Myra Hindley, and Karla Homolka.     

‘Mr Peel’s Amendments’ in New South Wales: Imperial Criminal Reform in a Distant Penal Colony

This article investigates the difficult interface between metropolitan legal reform and empire in the late 1820s. In 1828, the Supreme Court of New South Wales sentenced dozens of men to death under legislation that had been repealed in Britain. It then insisted that every one of them be set free. This mess raised a fundamental question agitated in different ways around the empire in that decade: to what degree should colonial subjects enjoy the benefits of modernized metropolitan criminal law? Even as successive local and metropolitan Acts imposed new constraints on the civil rights of convicts in New South Wales, the Supreme Court insisted that even the most notorious recidivists in the colony should be protected against the Bloody Code from the moment it was reformed at home. In doing so, the court ignored the terms of section 1 of the Criminal Statutes Repeal Act passed at the request of a former East India Company officer to preserve the operation of the Code in India. Thus the peculiar reception controversy in New South Wales shows not only how disruptive metropolitan reform could be for colonies, it performed a growing racial gap in the imagination of legal subjecthood in different corners of empire.