Patterns of victim marginalization in victim-offender mediation: some lessons learned

This article discusses issues that restorative justice programs may face during implementation and lessons learned from an exploratory study. We examined various perspectives of multiple participants who experienced a Victim-Offender Mediation (VOM) program in a mid-sized Midwestern city in the U.S. The primary data source comprised 34 interviews with 37 participants including adult crime victims, juvenile offenders and their parents, mediators, and representatives from referring agencies. Observations complemented the interview data. Findings revealed patterns of victim marginalization during the processes used: victims were not prepared appropriately; were at times pressured by mediators to behave in certain ways; and, occasionally felt intimidated by offenders and/or their families. We discuss some factors that may have influenced the emergence of these patterns. This study revealed gaps between the guiding principles of restorative justice theory and field practices, particularly sensitivity toward victims to meet their needs. We suggest that restorative justice programs should consider using a monitoring system to ensure that the processes used remain consistent with the values and principles of restorative justice.     

The effective design,implementation and enforcement of socio-economic equality duties: lessons from the pupil premium

Abstract

The UK has extremely high levels of socio-economic inequality, which are predicted to rise over the next five years. Traditionally, equality law was seen as inappropriate to address socio-economic inequality but in the last decade, a growing number of equality duties have been introduced to address this persistent form of inequality. There is, however, little research on the principles that underpin these duties. This article seeks to address this gap through the use of data from interviews conducted with primary school personnel implementing the pupil premium. The article explores understandings of socio-economic inequality by individuals in schools; policy conflicts; the wider context of action to address socio-economic inequality; different decision-making processes; and accountability mechanisms. On the basis of the findings of this study, broad principles are outlined to inform the design, implementation and enforcement of socio-economic equality duties in the future.     

Directors' duty of care to monitor information systems in HMOs: some lessons from the Oxford Health Plan

This paper examines the legal and strategic issues raised by the use of information systems in health maintenance organizations (HMOs) and other managed care organizations. Given the critical nature of information systems to an HMO's business success and regulatory compliance, the large financial investment HMOs make in their systems, and the widely publicized concerns over the year 2000 "millennium bug" problem, information systems are appropriately a matter of concern to an HMO's board of directors. The recent experience of Oxford Health Plans, Inc. offers a case study in the apparent failure of the directors to monitor adequately the in-house development of an information system. The systems disaster which this corporation suffered in 1997 led to a dramatic drop in stock price, from which the company has yet to recover, as well as intense scrutiny by state and federal regulators and countless shareholder derivative actions against the directors. Corporate directors are subject to the fiduciary duty of care. Despite statutes in some states requiring directors to act prudently, state courts almost always apply the standard of gross negligence. As a result, even when directors act without due deliberation in their decision, it is rare that a court will find them to have failed in their duty of care. The business and regulatory community may find otherwise, however, when directors fail to evaluate information systems options carefully and the business suffers as a result.     

Restorative justice in the Basque peace process: some experiments and their lessons

This paper contributes to the literature that analyses application of restorative justice in transitional societies. It examines recent attempts to employ restorative justice in the Basque peace process following ETA’s ceasefire. Using the Basque experience, it discusses some of the hidden dangers and tensions which arise when attempts are made to utilize ‘traditional’ restorative justice approaches and assumptions underlying them in transitional settings. One of the initiatives under discussion used a well-established restorative justice method of mediation between individual victims and offenders and attempted to transplant it without alteration from the context of ‘ordinary’ crime to the context of ‘political’ crime. It is argued that the scale and complexity of the conflict that looms behind individual offences in question renders certain assumptions and practices of ‘traditional’ restorative justice questionable both ethically and politically. Several other initiatives that have emerged recently in the Basque peace process are discussed which do not take the ‘classic’ form of restorative justice, yet values underpinning them fit well with the restorative justice philosophy. They might suggest a more promising direction for the development of restorative justice in the aftermath of mass violence.     

Product innovation and process innovation in SOEs: evidence from the Chinese transition

This paper offers an analysis of the influence of management behavior on the relationship between factors such as market, governance and resources of a firm, and the choice of the type of technological innovation in Chinese state-owned enterprises (SOEs). The authors develop a structural equation model and 12 hypotheses and test the model and hypotheses using a sample of 274 SOEs in China. This study discovers that the choice of innovation types among Chinese SOEs depends on the turbulence in the environment, and on the organizational resources. The key contributions of the study include: testing existing theories of innovation in the context of Chinese SOEs; studying the factors that affect product innovation and process innovation in that context; and demonstrating that market forces and internal governance simultaneously influence SOE innovation.     

Collaborative innovation in emerging innovation systems: Evidence from Central and Eastern Europe

The Journal of Technology Transfer - Firms often lack competences and capabilities for creation and commercialization of innovations. The solution to this problem lies in sharing or acquisition of...     

中国共产党执政理论的伟大创新——解读“社会和谐是中国特色社会主义的本质属性“

“社会和谐是中国特色社会主义的本质属性”,这是党的十六届六中全会《决定》对中国特色社会主义科学内涵的最新论断。这一重要论断的提出,不仅深刻揭示了社会和谐与中国特色社会主义的内在关系,而且为我们党在长期执政的历史条件下实现科学执政奠定了重要的思想理论基础;同时,也标志着我们党对人类社会发展规律的认识、对中国特色社会主义的认识、对共产党执政规律的认识达到了新的高度,是中国共产党执政理论的又一次伟大创新。一、社会和谐是马克思主义理论宝库的重要内容马克思、恩格斯创立的科学社会主义学说,从根本上说,就是人类最终实…     

Responsible research and innovation training programmes: implementation and evaluation of the HEIRRI project

Responsible research and innovation, or RRI, is a concept that aims to bring together society and science for a better future. There are six key elements of RRI: public engagement, gender equality, science education, open access, ethics and governance. Higher Education Institutions and Responsible Research and Innovation (HEIRRI) project aimed to bring the concept of RRI into the educational system. Using state-of-the-art review of good practices, HEIRRI team developed 10 training programmes on RRI for different higher education institution educational levels, including a summer school and a massive open online course (MOOC). We conducted pilot of the trainings and evaluated participants' experiences. Satisfaction with HEIRRI training programmes on responsible research and innovation was high, both for participants and for the trainers, and trainings raised awareness of RRI. Participants' feedback was used to identify areas that need improvement and provided for recommendations for final versions of the HEIRRI training programmes. In order to equip researchers with skills to recognize and apply RRI values, RRI should be included in their education. HEIRRI training is suitable for a range of different disciplines, including forensic science, and is free to use and adjust for specific contexts (available from: https://rri-tools.eu/heirri-training-programmes).     

Correlates of deterrence: Problems of theory and method

A central methodological problem in ascertaining the correlates of deterrence is that there is no unambiguous method by which deterred persons can be identified. Assuming that the identification of a legal threat by persons who indicated that they have not committed a crime (the use of marijuana) is evidence of deterrence, this study differentiates deterred from undeterred persons based on a number of demographic variables. The results show that persons who were deterred from marijuana use by legal threats were indistinguishable on the basis of age, sex, race, marital status, and occupation from those who refrained from using marijuana for other reasons.     

Impulse control and criminal responsibility: lessons from neuroscience

Almost all of the world's legal systems recognize the "M'Naghten" exception to criminal responsibility: the inability to appreciate the wrongfulness of action. This exception rests on the assumption that punishment is morally justified only if the defendant was able to choose whether to do wrong. Jurists and jurisdictions differ, however, on whether to extend M'Naghten's logic to cases where the defendant understood the wrongfulness of an act but was incapable of resisting an impulse to commit it. In this article I ask whether contemporary neuroscience can help lawmakers to decide whether to adopt or retain this defense, known variously as the "irresistible impulse" defense or the "control" or "volitional" test for insanity. More specifically, I ask firstly, whether it is empirically true that a person can understand the wrongfulness of an act yet be powerless to refrain from committing it; and second (assuming an affirmative answer to the first), whether the law of criminal responsibility can practically accommodate this phenomenon? After canvassing the relevant neuroscientific literature, I conclude that the answer to the first question is "yes." After examining the varied treatment of the defense in the United States and other nations, I also give an affirmative answer to the second question, but only in limited circumstances. In short, the defense of irresistible impulse should be recognized, but only when it can be shown that the defendant experienced a total incapacity to control his or her conduct in the circumstances.     

Commercialization strategies of technology: lessons from Silicon Valley

Science and technology incubators play an increasing role in contributing to the entrepreneurial, venture and economic development. This paper is concerned with the strategies for technology commercialization and supports of new venture development. The study has applied the cluster-based strategies of the US Silicon Valley to the case of Thailand. The findings highlight the role of the National Science and Technology Development Agency’s Science Park and the National Innovation Agency’s Innovation Park in supporting technology commercialization and development of the national innovation system. The future challenges to create effective system for entrepreneurial development and implications for entrepreneurial business management are discussed herein.