“Sociologically speaking”: Law,sexuality and social change

Historically, legal discourse affirms the apparent naturalness of the heterosexual family, contributing to the invisibility of social processes which privilege heterosexuality. In this paper, Herman examines ways in which this naturalization and invisibility are the result of the delegitimation of knowledges which challenge the ‘Truth’ of law. Exploring the role of the sociologist as expert witness in the recent Mossop decisions, but also aspects of other recent lesbian and gay litigation, Herman raises a number of questions about the relationship between meaning and truth in law, and the constitution of sexual identity through the legal process. In so doing, she raises questions central to feminist theory.     

Gender as social threat: A study of offender sex,situational factors,gender dynamics and social control

Purpose

Adopting a social threat perspective, the assessment explores how gender and social gender dynamics affect the labeling of convicted felons using a unique sentencing outcome - adjudication withheld.

Methods

This research investigates the direct effect of gender, and interactive impact of offender sex/crime type, on adjudication withheld for a sample of probationers (N = 110,419) sentenced in Florida between 2000 and 2002 using Hierarchical Generalized Linear Modeling. The study also explores how social gender dynamics moderate these relationships.

Results

Female offenders are significantly more likely than men to receive adjudication withheld. Women convicted of atypical crimes, such as assault, auto theft and drug sale/manufacturing have better odds of avoiding the felon label than females convicted of other crimes. Finally, measures of gendered threat do not increase the use of social control for female offenders.

Conclusions

Women have significantly better chances of avoiding a felon label; however, this varies by crime type. Criminal justice actors may be reluctant to penalize female offenders with a felon label and the stigma of violent crime convictions. Finally, gendered threat measures did not weaken the leniency shown to female probationers in Florida, possible due to the increased resources available to women in the study areas.     

Chickenheads, agents, mommies, and jockeys: the social organization of transnational commercial sex

In the sex trafficking literature, the term ??trafficker?? is often used to refer to all the various actors who are involved in the business of transnational sex work. It thus includes those who recruit women in the source countries; those who transport victims across international borders; and those who manage and exploit the women in the various commercial sex venues in the destination countries. In this paper, we will look at some of the people who fall into these categories of being ??traffickers.?? Our goal is to better understand the many people who are facilitating transnational commercial sex. We will explore their background characteristics, the reasons for their involvement in sex trafficking, their roles and functions in the business, and the nature of their relationships with the women who sell sex. We will also discuss the issue of whether, and to what extent, organized crime groups are involved as traffickers in the transnational sex trade. Our discussion is drawn from face-to-face interviews with commercial sex workers, and with sex ring operators and a variety of government officials.     

Social junk,social dynamite and the rabble: Persons with AIDS in jail

The issues surrounding AIDS in corrections have forced administrators to develop policy which accurately reflects the realities of the AIDS crisis. Moreover, administrators must base their policy decisions on available research findings, much of which is generated by government agencies and research policy groups. Whereas this research does serve the proper function of guiding policy, it is somewhat removed from the theoretical implications that AIDS has to societal reaction and social class. This article introduces a theoretical framework comprised of Irwin’s (1985) concept of the rabble and Spitzer’s (1975) notes on social junk and social dynamite. In addition to discussing this framework as it relates to social metaphors and social control, the implications to correctional policy are also be presented. The author gratefully acknowledges Marie Mark for her assistance in preparing the final version of this article.     

Managing unacceptable risk: sex offenders,community response,and social policy in the United States and Canada

This article compares the community protection-risk management model for the control of sex offenders with the clinical and justice models that preceded it and with a restorative justice alternative based on the principle of community reintegration. The author discusses how this community protection-risk management model reflects the new penology as well as the fusion of panopticism and synopticism. The author also discusses the model's actual and potential social costs. He concludes with a brief look at circles of support and accountability. This Canadian approach involves setting up support circles of volunteers who enter into a covenant with persons designated as high-risk sex offenders to help them both to integrate into the community and to reduce the likelihood that they will reoffend.     

Heroin addiction, crime and economic cost: A critical analysis

The conceptual framework for measuring the economic cost of crime is reviewed. Although this framework is generally accepted, specific applications are shown to contain conceptual errors. In the drug abuse area, where the greatest number of applications have been made, serious misapplications are documented. Because of these conceptual flaws and careless extrapolation of estimates that are hardly more than guesses, the total economic cost of drug-related crime has been greatly overestimated. The result has been to reinforce the policy emphasis on law enforcement and to mislead the public as to the important sources and magnitude of the total economic cost of drug abuse.     

Autism in the U.S.: social movement and legal change

The social movement surrounding autism in the U.S. has been rightly defined a ray of light in the history of social progress. The movement is inspired by a true understanding of neuro-diversity and is capable of bringing about desirable change in political discourse. At several points along the way, however, the legal reforms prompted by the autism movement have been grafted onto preexisting patterns of inequality in the allocation of welfare, education, and medical services. In a context most recently complicated by economic recession, autism-driven change bears the mark of political and legal fragmentation. Distributively, it yields ambivalent results that have not yet received systemic attention. This article aims to fill this analytical vacuum by offering, first, a synoptic view of the several legal transformations brought about or advocated for by the autism movement and, second, a framework for investigating their distributive consequences.     

Predictors of desistance among sex offenders: The interaction of formal and informal social controls

Increasing attention is being given to the issue of desistance or cessation in adult criminal careers. We contribute to this research by considering how informal and formal social controls affect recidivism among 556 sex offenders placed on probation in 1992. We conduct an event history analysis of reoffense, based on the predictions of Sampson and Laub's and Gottfredson and Hirschi's control theories. We build on these perspectives by examining how informal social controls condition the effects of formal social controls generally and across offense types. We find less recidivism among offenders with stable job histories, particularly among those in court-ordered sex offender treatment. The results add both to theoretical formulations concerning desistance and recidivism and to policy formulations directed at growing prison populations.     

Young women and gang violence: Gender,street offending,and violent victimization in gangs

Drawing on multiple data sources in St. Louis, this article examines how gendered situational dynamics shape gang violence, including participation in violent offending and experiences of violent victimization. Combining an analysis of in-depth interviews with young women in St. Louis gangs with an examination of homicide reports from the same city, we find that young women, even regular offenders, highlight the significance of gender in shaping and limiting their involvement in serious violence. They use gender both to accomplish their criminal activities and to temper their involvement in gang crime. Consequently their risk for serious physical victimization in gangs is considerably less than young men's. St. Louis homicide data collaborate these qualitative findings. Not only are young women much less likely to be the victims of gang homicide, but the vast majority of female gang homicide victims were not the intended targets of the attack. In contrast, homicide reports suggest that the majority of male gang homicide victims were the intended targets. We suggest that gendered group processes and stratification within gangs are key factors explaining both violent offending and victimization risk in gangs.     

Male street youths' conflict: The role of background,subcultural, and situational factors

Using a sample of 125 homeless male street youth, we examine the formation of values that support violence and how these attitudes influence violence under different situational conditions. Findings indicate that abusive backgrounds, anger, violent peers, and the successful use of violence as a conflict management strategy are important in understanding the acquisition of values that support violence. These subcultural values in turn make street youths more sensitive to harm in dispute situations, and leave them more likely to demand reparation for harm and to persevere and use force to settle disputes. These youths are more likely to become immersed in disputes in which conflict is intense and which involve male harmoders. Finally, they are more likely to escalate conflict in public places. We discuss findings in terms of experiences and expectations that these youths bring to social interactions.