Self‐control,peer relations,and delinquency

This paper addresses gender-specific treatment in juvenile justice processing, an important topic in view of new funding opportunities to develop female-specific programs. This topic is controversial and includes many unresolved issues. To provide context, we relate this study to lessons from the initiative to address disproportionate minority confinement: that it is impossible to understand confinement without understanding the process by which youths are confined, that structural and demographic traits facilitate the process, and that benevolent interventions can have unintended negative consequences. We present empirical findings that juvenile justice cases are “gendered,” but that court treatment of those cases shows more gender similarities than differences. In contrast, interviews with officials suggest large gender gaps in opportunities for services, and indicate some gender biases. Bias and disparity also are themes among delinquent and “at-risk” girls who participated in focus groups; in addition, girls expressed preferences for treatment comparable to that given to boys. Finally, we evaluate what has been advocated as female-specific programming and recommend how best to proceed.     

A theory of identification

This paper analyzes the phenomenon of “identification” by an individual with actors in his environment. It argues that individuals interpret their environment according to “frames,” which they, as recipients of a message, derive by a complex process of interpretation of the communication setting. The paper also argues that individuals identify with actors in their environment, because this identification increases their utility vis-à-vis a “neutral” watching of their environment. The paper applies this approach to a variety of real life examples, in particular to voting.     

Sanctions, modeling, and deviant behavior

This study investigated the extent to which group influence (and particularly the modeling aspects of groups) specifies the relationship between the certainty of punishment and deviant behavior. An experiment was conducted in which sixty males played a game of “chicken” against a computer. The study was designed to assess the influence of subjects' exposure to deviant behavior by “models,” subjects' knowledge of the outcomes of deviance for the “models,” and the interaction of these variables with the probability of punishment. Analysis showed that exposure to the behavioral outcomes of models' deviant conduct either enhanced or weakened the effects of certainty of punishment, depending upon whether the models were rewarded or punished for their deviant behavior. Implications of the findings for the development of a theory of deterrence are drawn, and suggestions for future research are made.     

Racial and ethnic perceptions of injustice: Testing the core hypotheses of comparative conflict theory

Comparative conflict theory is a theoretical statement proposed by Hagan, Shedd, and Payne (2005) to explain racial and ethnic variation in perceptions of injustice. Their theory asserted that White respondents perceive considerably less injustice than both African Americans and Hispanics (the racial-ethnic divide hypothesis) and that African Americans perceive less injustice than Hispanics (the racial gradient hypothesis). They also proposed that prior criminal justice experiences serve as a “tipping point” for Hispanics in that Hispanics with prior negative criminal justice contacts will perceive more injustice than African Americans with similar prior negative experiences. This study tested these three hypotheses, finding support for the racial-ethnic divide and racial-gradient hypotheses, but not the differential sensitivity hypothesis. In addition, this study explored the racial and ethnic identity of Hispanics (i.e., “White Hispanic” and “Black Hispanic”) and found that Hispanics, who were younger, less educated, and perceived some forms of injustice were more likely to identify themselves as being both Hispanic and Black.     

Going for the throat: Carnivore in an Echelon World — Part I

Carnivore is a surveillance technology, a software program housed in a computer unit, which is installed by properly authorized FBI agents on a particular Internet Service Provider’s (ISP) network. The Carnivore software system is used together with a tap on the ISP’s network to “intercept, filter, seize and decipher digital communications on the Internet”. The system is described as a “specialized network analyzer” that works by “sniffing” a network and copying and storing a warranted subset of its traffic. In the FBI’s own words “Carnivore chews on all data on the network, but it only actually eats the information authorized by a court order”. This article, in two parts, will provide an overview of the FBI’s Carnivore electronic surveillance system. The Carnivore software’s evolution, its ‘prey’ and the system’s relationship with Internet Service Providers will be the focus of the study. (Although the FBI’s Carnivore surveillance system is now officially called DCS1000, as the surveillance system is more commonly referred to as “Carnivore”, that term will be used throughout). Also addressed in the article are misconceptions about Carnivore, publicly available sniffer programs, Carnivore’s functionality, methods to counter Carnivore as well as the software’s limitations. In addition, the pertinent American law allowing for wiretapping and electronic surveillance as well as programs and policies outside the United States regarding electronic surveillance are surveyed, and an overview of ECHELON, the global interception and relay system, is provided. The aim is to provide the paper’s readers with a better understanding of these surveillance systems: naturally, only through an in-depth knowledge can the benefits and dangers they present for the public (government), private (individual communications users) and technical industry (ISPs) be understood.     

Recent developments in the patentability of software in the UK

Over the past few months there has been renewed debate at the UK Intellectual Property Office (“UK IPO”) and in the UK courts over whether computer programs can be considered patentable inventions. In particular, concern persists that the UK authorities and the European Patent Office (“EPO”) are applying different tests for the patentability of computer software, even though they are applying the same legislation. This article reviews the positions taken by the UK and the EPO tribunals, and how these impact upon businesses wishing to patent inventions encompassed in software.     

Supreme Court of Canada's “Beautiful Mind” case

The Supreme Court of Canada's (SCC) first case involving capacity and the refusal of involuntary psychiatric treatment involved a self described “professor” who had been referred to as “Canada's Beautiful Mind”. He had been found not criminally responsible on account of mental disorder for uttering death threats. While considered incapable of making a treatment decision by psychiatrists and a review board, three levels of court, including the SCC, found him to be capable. “Professor” Starson therefore continued to refuse treatment for his psychosis and spent over seven years detained because he refused the treatment required to become well enough to be released. This refusal of treatment is permitted under Ontario law, although it is not permitted in some other Canadian provinces, and in many other countries.This article describes Starson's situation, Ontario's law with respect to consent to treatment and relevant Canadian constitutional and criminal law. It provides an analysis of the Consent and Capacity Board decision and the court appeals. Implications from Starson's case are analyzed in relation to what happened to Starson, human rights and comparative law pertaining to involuntary patients' refusal of treatment, especially their relevance to the Canadian Charter of Rights and Freedoms, and laws in some other countries. Many Canadian and foreign jurisdictions where laws apparently accord with human rights codes do not allow a person to refuse the treatment required to restore their liberty. We conclude that a law that allows a person with a mental illness to be incarcerated indefinitely in a “hospital” because needed psychiatric treatment cannot, by law, be provided is not justifiable in a caring democratic jurisdiction.     

Pandora's box: Women guards in men's prisons

The assignment of women guards to security positions in men's prisons in the United States is increasingly a correctional reality. This article considers the problems these women face in entering a previously all-male, “front-line” occupation. The discussion focuses on (1) how well female officers meet the security demands of security work, (2) the nature of, and basis for, difficulties in relating to male co-workers, and (3) occupational socialization and advancement. Drawing on available empirical and anecdotal data on women officers in male prisons and on the more general prison guard literature, the intent is to present what is known about these women officers. A research agenda is offered to guide inquiry into the problems of the sexual integration of correctional institutions.     

Law of assembly in China: People''s Republic of China vs. Republic of China

This paper is a comparative study of law of assembly between the People's Republic of China (PRC) vs. the Republic of China (Taiwan) (ROC). The comparison is achieved by looking at how these two societies regulate and police assembly, procession, and demonstration (hereinafter “public assembly”). Particularly it looks at the constitutional mandate and legal limitations on police powers in managing such public gatherings, e.g. what are the role and functions, and powers and limitation of the police in dealing with public assembly application and conduct.This comparative project is conducted with a view to understand the relative development in police powers in the two Chinese societies, once linked by history and culture and now divided by geography and ideology. It is assumed that in order to achieve a political “unification” of the two societies under a “one country two systems” formula,or any other viable political settlement, some understanding of how the two legal systems work is important in breaching their differences.In a still larger context, this research rides the tide of comparative policing in exposing and explicating how police in these two closed societies, ROC (Confucianism) and PRC (Socialism), come to terms with social protests and political challenges; more broadly how they balance the forces of reform and control with the use of law.     

Academic credit for life experiences in criminal justice: Issues and concerns

This article focuses on awarding credit for life experiences (work experience, training, or other forms of experiential learning) in criminal justice education. The efficacy and consequences of this practice are explored in an attempt to delimit the issues and raise relevant questions that need to be explored in developing policies for awarding such credit. The authors raise questions concerning the definition of viable and relevant experiential learning and the process of evaluating life experiences. The article also discusses the need to consider a number of factors in implementing a credit-for- experiential-learning program; for example, the implications for “in-service” versus “preservice” students, extra-university regulations, the transferability of credit to other institutions, and the importance of a careful assessment of the overall impact on the criminal justice system and on criminal justice as an academic discipline.     

Drinking and driving: Detecting the “dark figure” of compliance

The “dark figure” of undetected alcohol-impaired driving in the United States is acknowledged to be very high. However, this “dark figure” may lead to premature pessimism about the prospects for deterrence unless there is a countervailing estimate of “the other dark figure”—the rate of compliance with the drinking-driving laws under conditions of negligible arrest risk. This was a feasibility study in the use of survey data (N = 1,401) to identify patterns of compliance on the last drinking occasion as a function of social roles as drivers and passengers. A small but statistically significant proportion of U.S. drivers took these steps to reduce alcohol-impaired driving: reduction of drinking before driving, allocation of the driving role to low volume drinkers, and relinquishment of the driving role to an alternate driver after heavy drinking. There was no evidence for the selective use of public transportation as a means for diverting heavy drinkers from alcohol-impaired driving.     

Public markets, private orderings and corporate governance

In the New Property Rights approach the degree of incompleteness of markets is taken independently of the cost of the public ordering and of their efficiency relatively to private orderings. In this approach “public markets,” similarly to a Swiss cheese, are either assumed to be nonexistent empty holes (because of infinite third party verification costs) or assumed to be smooth and efficient (because of zero third party verification costs). When we allow for positive but not infinite third party verification costs we are necessarily pushed back to the insights of Commons, Coase, Fuller and Williamson. The degree of (in)completeness of public markets becomes an endogenous economic problem and managers can be seen as agents that make “second order” specific investments to run specific relations that cannot be efficiently handled by public markets. Managers and the public authorities build respectively private and public “legal equilibria” that set the working rules within which transactions can take place. Private and public legal equilibria are not only substitutes but also complements. This complementarity is an important source of the path dependency that characterizes the development of different legal systems. The framework is applied to GM’s acquisition of Fisher Body. We suggest that, contrary to the claims of the New property Rights approach, the advantages of the acquisition were not due to the superior incentives of the new private owners but should be rather related to the replacement of public markets by the new private ordering set up by Alfred Sloan.     

Assessing the Status of Gender-Specific Programs through the Lens of Juvenile Justice Staff

The gender-specific approach for working with offenders gained momentum during the 1990s and has since been largely accepted by academics and practitioners. Despite numerous studies demonstrating a need for gender-responsive programs and policies within both adult and juvenile correctional systems, scant research has explored whether these services are meeting the intended goals. The current study addresses this through a qualitative analysis of 1 county juvenile court using in-depth interviews with staff. Findings reveal that in spite of the court's efforts to incorporate a gender-responsive approach, much work still remains regarding training staff and meeting girls' needs. Staff identified critical gaps in services and continued to perpetuate gendered norms and stereotypes. Included is a discussion as to why it has been difficult to effectively implement gender-specific programs.     

Girls in Traditional and Gender-Responsive Juvenile Justice Placements

There is no shortage of policy, research, or practice recommendations for implementing gender-responsive programming. There is, however, substantial variation in the way in which gender-responsive has been defined and operationalized in practice. This exploratory study represents an examination of girls’ lived experiences in traditional and gender-responsive juvenile justice programs from an insider’s perspective. Participants’ narratives were overwhelmingly positive about gender-responsive programming; however, the findings in this study also suggest that it is critical to incorporate important gender-neutral skills into gender-responsive programming to enable girls to succeed economically and interdependently as they attempt to maintain themselves and their families once they are released from custody.     

Fair use and copyright protection: a price theory explanation

Copyright scholars suggest that computer technology has reduced transaction costs associated with copyright transfer, allegedly eliminating the need for the fair-use doctrines that were developed to allow limited use of copyrighted material in situations where the transaction costs of securing authorized use would be prohibitive. According to this emerging view, in an ideal world with no contracting costs, third party use of copyrighted material could realistically only take place with the express consent of the copyright holder. This would give the author absolute power to dispose of his work, including the right to veto uses, without the possibility of a fair use “override” of any sort.This paper shows the limits of such transaction cost-based arguments. If transaction costs provide the dominant economic justification of “fair-use” doctrines, an exogenous reduction of such transaction costs would limit the scope and application of the defense of fair use. Nevertheless, in this paper we suggest that, when viewed in light of the anticommons theory, fair-use doctrines retain a valid efficiency justification even in a zero transaction-cost environment. Fair-use defenses are justifiable, and in fact instrumental, in minimizing the welfare losses prompted by the strategic behavior of the copyright holders. Even if copyright licenses can be transferred at no cost (for instance, in a “click and pay” frictionless computer world), the strategic behavior of the copyright holders would still create possible deadweight losses.In this context, we identify a number of critical variables that should guide and constrain the application of fair-use doctrines. These variables include (a) the number of copyright holders; (b) the degree of complementarity between the copyrighted inputs; (c) the degree of independence between the various copyright holders in the pricing of their licenses; and (d) ability to price discriminate.     

Why weren't (many) European women ‘missing’?

In a 1990 article, Amartya Sen observed “More than 100million Women … Missing” from the populations of parts of south and east Asia. Direct observation and census data suggested that gender ratios deviated sufficiently from what is known to be normal in modern human populations to suggest that the phenomenon was not random. Researchers have explored major proximate causes of “missing” girls and women such as female-selective abortion, routine neglect of young girls in their families including differential access to modern medical care, and even infanticide. This article uses Sen's work and the research of others on Asia to compare with evidence of the disadvantaging or even “mortal neglect” of girls and women in Western European society in the early modern and modern periods — roughly from the sixteenth to the nineteenth centuries. It argues that the current state of the evidence suggests little support for similar gender-specific forms of mortal neglect in Western Europe. It explores why this may have been so, using evidence from economic, social, demographic and religious life.     

When is personal data not “personal data” – The impact of Durant v. FSA

The Data Protection Act 1998 (the “Act”), which implements the EU Data Protection Directive (95/46/EC), applies to personal data and governs the activities of data controllers and data processors in relation to such data. In Michael John Durant v. Financial Services Authority (2003), the scope of the Act was restricted. In particular, key provisions, including “personal data” and “relevant filing system”, became the subject of narrow judicial interpretation when the Court of Appeal sought to limit the “unjustifiable burden and expense” imposed on data controllers in complying with the Act. Although questioned by commentators and subject to investigation by the European Commission, the significant shift in approach initiated by Durant has been endorsed in two subsequent cases: (1) David Paul Johnson v. The Medical Defence Union (2004) and (2) Terence William Smith v. Lloyds TSB Bank Plc (2005). This article considers the main principles of the Act, how the Information Commissioner, the courts and the European Commission have responded to Durant and what happens next.     

The true servant: Self-definition of male domestics in an Italian city (Bologna, 17th–19th centuries)

Some historians have classed as servants only people living with their masters; some have excluded farm servants; some have included married domestics living with their own families. The archive of the Bolognese Confraternity of San Vitale, also known as Università dei Servitori, is analyzed in this article to show how one group of servants defined a “true” servant. Their solution was to exclude from their association people who performed what they deemed “filthy” tasks. They also excluded women, giving us a particular insight in the history of gender and masculinity. In their view, the “true” servants were bourgeois (and locally born) men rather than lower class (migrant) women who are often identified as the stereotypical servants. Moreover, most members of the association were married, they had their own families in Bologna and did not always live with their masters. This makes possible the analysis of married male servants living with their own families, a category of servant that has received less attention than life-cycle servants.     

Crimmigration at the Local Level: Criminal Justice Processes in the Shadow of Deportation

In recent decades, authorities have adopted a number of programs that tether the criminal and immigration enforcement apparatuses in novel ways. This mixed methods case study assesses the impact of such programs on local criminal justice processes and outcomes in King County, Washington. Although the empirical research on the effects of such programs is scant, the emerging literature on legal hybridity suggests that the enmeshment of the criminal and immigration systems is likely to enhance the state's power to detain and punish. The quantitative results support this hypothesis: non‐citizens flagged by immigration authorities stay in jail significantly longer than their similarly situated counterparts. Qualitative focus group interviews with prosecuting and defense attorneys identify four key mechanisms by which Immigration Customs and Enforcement detainers alter the incentive structure, impact decisionmaking, and extend jail stays for non‐citizens. Together, these findings suggest that immigration law and the threat of deportation now cast a long shadow over local as well as federal criminal proceedings, and enhance penal pain for non‐citizens. Implications of these findings for the “crimmigration” literature and research on the effect of citizenship status on criminal justice outcomes are discussed.     

Criers,liars, and manipulators: Probation officers' views of girls

This study examines the perceptions of girls held by juvenile probation officers, psychologists, and others involved in juvenile court decision making. Through qualitative analysis of girls' probation case files and indepth interviews with juvenile probation officers, we discuss the social construction of gender, race, culture, and class. Our findings suggest that in an environment marked by scarce resources, gender and racial/ethnic stereotypes leave girls few options for treatment and services in the juvenile court. Some probation officers expressed distaste for working with girls and had little understanding of culturally or gender-specific programming. Others were frustrated by the lack of programming options for girls in the state. Based on our findings, we question whether the current ideology or structure of juvenile probation can nurture a holistic approach to justice for girls.