Shared genetic data and the rights of involved people.

The authors examine the two main attitudes toward genetics: Exceptionalism and Undervaluation. They firstly pose the basis of the matter from the scientific point of view and then verify how these two attitudes really work in the different fields where human genetics finds relevant applications, dealing with the questions arising from the unique characteristics of genetic data that is shared among the whole bio-group. Then some judicial cases related to the conflicts arising when genetic data are stored in repositories, whatever the aims and reasons, are presented and discussed. The matter is then considered from the criminal law perspective, in the light of the new possible implications of DNA fingerprinting in criminal investigations. Finally, some general considerations on opposing Exceptionalism/Undervaluation viewpoints and the real reason for making up new rules are presented.     

Parole survival and legislated change: A before/after study of parole revocation decision making

Past studies of juveniles' attitudes toward the police suggest a single-cause model that implicates personal interactions with the police. We propose that attitudes toward authority and agents of social control develop in a larger, sociocultural context. Specifically we hypothesize that juveniles' attitudes develop as a function of socialization in their communities' social environment, of their deviant subcultural “preferences,” and of the prior effect of these sociocultural factors on juveniles' contacts with the police. We conducted analyses addressing these hypotheses with a population of males sampled within stratified populations of known delinquents. We found that social background variables, particularly minority status, and subcultural preferences, particularly commitment to delinquent norms, affected juveniles' attitudes toward the police both directly and indirectly (through police-juvenile interactions). We consider directions for improving police relations with juveniles in the context of apparent sociocultural and experiential contingencies to attitude development.     

Moving beyond Ford,Atkins, and Roper: jurors' attitudes toward the execution of the elderly and the physically disabled

Abstract

The central purpose of the current study is to correlate level of support for the death penalty, death-qualification status, attitudes toward the death penalty (ATDP), legal authoritarianism (RLAQ (Revised Legal Attitudes Questionnaire)), and demographic indices with attitudes toward the execution of the elderly and the physically disabled. Two hundred and fifty residents of the 12th Judicial Circuit in Florida completed a booklet that contained the following: (1) one question that measured their level of support for the death penalty; (2) one question that categorized their death-qualification status; (3) the ATDP; (4) the RLAQ; (5) 20 questions that measured participants' attitudes toward the execution of the elderly and the physically disabled (EEPD); and (6) standard demographic questions. Results indicated that level of support for the death penalty, death-qualification status, attitudes toward the death penalty, legal authoritarianism, and demographic indices were significantly related to four components of the EEPD. Legal implications and applications are discussed.     

Attitudes Toward the Police: A Comparison of Canadian and American Adolescents

The present inquiry is an attempt to determine the attitudes which adolescents in Canada and the United States have toward the police and the determinants of these attitudes. In addition to providing a diverse sample of youths from two countries, each with unique policing structures and policies, the study represents the first attempt to assess the attitudes twoard the police held by a sample of Canadian adolescents. The sample for the inquiry consists of 869 youths from a rural Rocky Mountain State and three West Coast cities in the United States and 1200 youths from a major metropolitan area on the West Coast of Canada.

To assess the attitudes which adolescents hold toward the police in their respective countries and areas, a 16–item Likert scale was employed along with a series of questions eliciting a variety of social-biographical, experiential (type and extent of contacts with police) information as well as the prestige rating of the police. Analysis of the data indicates that the majority of adolescents in both countries have positive attitudes toward the police, regardless of the type of police force (Canadian RCMP, Canadian Municipal, U.S. Sheriff, U.S. Municipal) they are policed by. In addition, none of the social-biographical variables in either sample contributed significantly to the attitudes which were held toward the police, nor were certain juveniles more likely to have more negative experiences with the police. Rather, the primary determinant of juvenile attitudes toward the police in both countries seems to be the type of contact which the adolescent had with the police. The findings have significant implications for the police literature and police operational policy which are discussed.     

Is Chivalry Dead?

An apparent decrease in differences between the sexes in criminal behavior and law enforcement outcomes has been attributed to changes in attitudes toward sex roles and increasing female labor force participation. The research reported here addresses two related questions in this area: (1) Have there been changes over time in sex differences in the disposition of police contacts with juveniles and adults? and (2) Do any observed changes account for increases in the female crime rate? Our analysis of data from 10,723 police contacts in a mid-western city during the period 1948–1976 found a trend toward a diminished sex difference in police dispositions of juvenile and adult misdemeanors and adult felonies. There was no evidence for a similar trend for juvenile status offenses or juvenile felonies. The findings also suggest that part of the apparent increase in female crime may be due to changes in official reactions to female offenders.     

Retributive and Inclusive Justice Goals and Forgiveness: The Influence of Motivational Values

Who is more likely to forgive, given that justice is important and motivating for people? In this article, we argue that the relation between justice and forgiveness depends on the type of justice involved; specifically, the goals of justice, i.e. retributive versus inclusive. We also explored the influence of motivational values on justice goals and forgiveness. Using data from 178 undergraduate psychology students who responded to measures of retributive and inclusive justice attitudes, forgiveness attitudes and dispositions, and values, we found support for our hypotheses that retributive justice goals are negatively related to forgiving attitudes and dispositions; inclusive justice goals are positively related to forgiveness; and benevolence and power values play the dominant role in predicting forgiveness. The results have implications for how the relation between justice and forgiveness is conceptualised and applied.     

A U.N. Convention to Regulate PMSCs?

Abstract

In the last 20 years the ruthless competition for natural resources, political instability, armed conflicts, and the terrorist attacks of 9/11 have paved the way for private military and security companies (PMSCs) to operate in areas which were until recently the preserve of the state. PMSCs, less regulated than the toy industry, commit grave human rights violations with impunity. The United Nations has elaborated an international binding instrument to regulate their activities but the opposition of the U.S., U.K., and other Western governments—and from PMSCs, which prefer self-regulation—have prevented any advancement.     

Indeterminacy,Disagreement and the Human Rights Act: An Empirical Study of Litigation in the UK House of Lords and Supreme Court 1997–2017

This article explores the impact of the Human Rights Act 1998 on the decision making of the House of Lords (UKHL) and the UK Supreme Court (UKSC). How does Convention rights content vary across areas of law in the UKHL/UKSC? Are some judges more likely than others to engage in Convention rights discourse? Is judicial disagreement more common in cases with higher levels of Convention rights discourse? A robust method of answering questions of this nature is developed and applied to decisions of the UKHL/UKSC, showing that the Convention rights content of decisions has varied over time and over substantive areas of law. Higher levels of human rights discourse are associated with greater levels of disagreement. A benchmarked measure of human rights content is developed to show the effect of the particular judge on the human rights content, illustrating the indeterminacy in human rights discourse and how its deployment can be contingent on judicial attitudes.     

Assessing the Impact of Affective and Cognitive Information in Predicting Attitudes toward Capital Punishment

Research studying the public's attitudes toward capital punishment has typically assessed whether individuals favor or oppose the use of the death penalty, without examining the underlying structure of these attitudes. The present study used a general model of attitude to examine the relative importance of affective information (i.e., feelings) and cognitive information (i.e., beliefs) in predicting attitudes toward capital punishment. Open-ended elicitation measures were used to determine the particular feelings and beliefs respondents most frequently associated with the issue. Participants also reported their attitude (i.e., overall evaluation) toward the issue. The results revealed that: (a) even the most frequently elicited responses were provided by a minority of respondents, (b) overall, both affective and cognitive information were important in predicting attitudes toward capital punishment, and (c) the relative importance of affective and cognitive information in predicting attitudes differed as a function of individual differences in attitude structure. The implications of the results for future research are discussed.     

Implicit attitudes toward violence and their relation to psychopathy,aggression, and socially adaptive behaviors in forensic psychiatric inpatients

In order to investigate the relation between implicit attitudes toward violence and different aspects of violent and social behavior in Dutch forensic psychiatric inpatients, an implicit association test was related to measures of psychopathy, aggression, and socially adaptive behaviors. Results indicated that all patients had negative implicit attitudes toward violence. Although implicit attitudes toward violence were unrelated to several self-report measures of aggression, there was a significant positive relation between these attitudes and the antisocial facet of psychopathy. Furthermore, it was found that implicit attitudes toward violence were significantly negatively associated with coping behaviors and the level of moral awareness, indicating that patients with more negative implicit attitudes toward violence more often reported these behaviors, which can be assumed to inhibit aggression. As the present study was only correlational in nature, our findings need to be further explored in prospective research.     

人权保护对冲突法发展的影响

人权保护思想对现代欧美国家冲突法的发展起到了积极的促进作用。美国现代侵权领域各种法律适用理论在追求案件处理结果公正的目标背后,隐含着人权保护的价值诉求;欧洲以法德等国为代表,在不改变“以规则为中心”的前提下,通过发挥宪法的直接效力作用,将人权精神体现到冲突规范的变化和外国判决的承认与执行中。人权保护成为现代冲突法发展的重要推动力。我国在进行新的冲突法立法时,也应考虑体现人权保护的理念。     

Police uniforms,attitudes, and citizens

This study focuses on identifying the relationship between the citizen's attitude toward the police and the police uniform and authoritarian attitude. The perceived authority associated with the police uniform has been an essential ingredient of the police role. Consequently, the police uniform influences attitudes and behaviors of the wearers as well as the citizens with whom they interact. The citizen's attitude is negatively affected by the traditional military style police uniform in conjunction with the authoritarian attitude exhibited by police officers in performance of their duties. Consequently, when the uniform and officer's attitude are altered, there will be a corresponding change in the citizen's attitude toward the police. The attitude of the officer, in conjunction with the uniform, exerts considerably more influence on the citizen's attitude than does the uniform, officer's attitude, or any additional factor acting independently.     

Assessing the public's demand for hate crime penalties

In this article, we analyze responses from a nationally representative sample of American adults to determine public attitudes toward punishment for hate crimes. While attitudinal polls find strong support for hate crime laws, criminological research provides reasons to believe that this support may be weaker than assumed. Our findings suggest that, while there is minimal public support for harsher penalties for offenders who commit hate crimes, attitudes toward punishment, treatment, and minority rights are predictive of preferences for differential treatment of hate crime offenders. We discuss possible implications of these results in our conclusion.     

The development of empathy and prosocial behavior through humane education,restorative justice,and animal-assisted programs

Literature suggests that developing empathy for animals will result in caring toward other living things. Empathy is often seen as a key building block of prosocial behavior and can be defined as sharing of another person’s emotions and feelings. In older childhood and adolescence, a lack of empathy may have deleterious consequences, leading to antisocial behaviors. However, children and adolescents who exhibit human and non-human animal aggression have often been witness to animal cruelty in the home. When empathy and prosocial behaviors are not learned in the home, there are alternatives to facilitate that process. This study discusses the development of empathy and prosocial behavior by working with animals through the modalities of humane education, restorative justice, and animal-assisted programs. Each modality focuses on building compassion, caring, responsibility, and kindness with the help of animals. Through these violence prevention programs, children and adolescents can develop empathy, which will decrease the likelihood of future aggression.     

GENE-BASED EVOLUTIONARY THEORIES IN CRIMINOLOGY *

In the past 20 years, several theories of criminal (and antisocial) behavior have been proposed from an evolutionary perspective, some of which specifically stipulate that people vary in their genetic dispositions toward criminality. It is these theories, herein called gene-based evolutionary theories, that are the focus of this article. Two categories of gene-based evolutionary theories are described. One category is crime specific, pertaining to the offenses of rape, spousal assault/murder, and child abuse neglect. The second category consists of two general theories of criminal and antisocial behavior: the cheater (or cad vs. dad) theory, and the r/K theory. In addition to assuming that genes contribute to variation in criminal (and antisocial) behavior, all five of these theories assume that natural selection has acted on human populations to open up reproductive niches for individuals and groups who victimize others. While the theories are still far too new to have been fully tested, we derive some of the most obvious hypotheses from each theory and explore the relevant empirical evidence. We show that while gene-based evolutionary theories open make predictions similar to strictly environmental theories, they also lead to unique hypotheses, several of which have at least some support.     

Juvenile attitudes towards the police: The importance of subcultural involvement and community ties

Citizens' attitudes toward police have been examined in a variety of contexts during the past several decades. Additionally, the importance of juveniles' attitudes towards the police has received considerable attention during the past decade. The current article examines attitudes toward police from a large, multi-site study of sixth to ninth grade youths. Three specific questions were examined: (1) What is the influence of police contact (generally and by different types of contact) on juvenile attitudes toward the police? (2) How does involvement in delinquent subcultures affect these attitudes? (3) How do community contexts and ties influence juvenile attitudes toward the police? Results suggested that community ties and involvement in delinquent subcultures substantially mediate the influence of police contact on juveniles' attitudes toward the police.     

Criminal Punishment in Islamic Societies: Empirical Study of Attitudes to Criminal Sentencing in Iran

Public opinion on criminal sentencing and aims of punishment has been surveyed mostly in Western countries. In non-Western countries, especially Islamic societies, little has been published, at least in Western journals, on these issues. In fact, no published study examining public views toward criminal sentences and the aims of punishments in Islamic societies may be located in any major database of Western literature. As a result many questions like the relationship between perceived purpose of criminal punishment and its severity and the interactions between the belief in Islam and its Shari’a (Islamic culture) and punitive attitude to criminality have remained unasked. Therefore, the meaning and motive behind the death penalty and other severe forms of punishment in Islamic countries remains unknown to scholars, whether within or outside these countries. This paper introduces, first, Shari’a sentencing laws and practices in some Islamic societies and then, by drawing on a survey administered in Iran in 2008, tries to show and explain the variations in attitudes to Shari’a criminal laws and different forms of punishment, mostly based on Shari’a, across different genders and professions (judges, lawyers, students, Tulab and police).     

Two paradigms of justice: criminal vs survivor justice in Africa

African countries continue to experience civil wars and other low-level violent conflicts. An issue relating to the intractable nature of postcolonial violence and how it should be resolved, is what is the potential for advancing contemporary peace processes and negotiated agreements through the notion of survivor justice? Two paradigms of justice have emerged in Africa in response to mass violence: criminal justice based on the example of the Nuremberg trials; and survivor justice based on political reform and exemplified by the cases of South Africa and Sudan. These two paradigms of justice are compared, with the context undergirding the debate and assumptions of each explored, and how this related to the issues of building peace in Africa. The guiding question is whether civil wars can be ended in courts. I argue that where a decisive military victory is untenable, survivor justice, that is political reform combined with judicial reconciliation, is the best way to resolve Africa’s conflicts. The example of South Africa’s political settlement and the reconciliation process in Rwanda offer examples of solutions for conflict transition to peace. Criminal justice processes – absent a decisive military victory – can act to delay and prevent peace and resolution.     

The treatment of prisoners: International standards and case law

Objective. In some countries questions are asked about the extent to which human rights should be applied to those who have been detained in prison, particularly if they have been convicted of a criminal offence. However, the international human rights treaties and instruments are quite clear that detained persons are entitled to all human rights that are not expressly removed by the fact of their detention. Method. This article describes in detail what these standards are and how they apply to imprisonment. It also considers how these issues have been interpreted judicially by the European Court of Human Rights and the lessons to be learned from its increasing body of case law. Conclusion. All those who are involved in the management of prisons or who deal in any way with prisoners must always bear in mind ‘the inherent dignity of the human person’. This obligation applies particularly to psychologists and others who develop programmes and other activities aimed at influencing the future behaviour of prisoners.     

The Allen priority/consequence model as a behavioral approach to reduction of high risk behavior in youth

Youth violence in America has grown to insurmountable levels. Homicide is now the third leading cause of death for youth ages 5–14, the second leading cause of death for those ages 15–24 and the number one cause of death among black males ages 15–34. With increased levels of violence and senseless killings across the nation, there is a need to explore behavioral and environmental causes of high risk behavior and various types of interventions to decrease antisocial behavior. Violence prevention should be approached comprehensively from a myriad of approaches and levels of prevention and intervention that should infiltrate individuals, homes, schools, communities and systems.

Numerous types of theories are being designed, implemented and evaluated to decrease and prevent unhealthy behaviors. While there is a need to continue to refine intervention and containment strategies, a preventative approach to addressing root causes of antisocial behaviors needs to be considered as we comprehensively look at interventions for violence prevention. The purpose of this article is to add to the body of research a theory, the Priority/ Consequence model, which depicts interrelated dynamic behavioral and societal variables that can influence, positively or negatively, attitudes, values and beliefs that establish prioritized behaviors that produce consequences.