A re‐analysis that supports our main results: A reply to Levine et al.

Levine et al. (2018) criticized our meta‐analysis, but their conclusion was the same as ours: The cognitive approach to lie detection results in a modest improvement. We address and dismiss Levine et al.'s (2018) three criticisms. Regarding the ‘confound’, in our meta‐analysis we averaged the results of two cells on statistical grounds, which does not constitute a confound in statistical terms. Regarding ‘aberrant controls’, that depends entirely on the benchmarks selected and type of statistical test and meta‐analysis used. Regarding ‘unreliable data’, the claim that there is a positive relationship between ‘unreliable’ data and total accuracy in the cognitive lie detection conditions is not even supported by their own data (p = .16). We conclude with a request to Levine et al. to focus on our shared aim: to develop interview protocols that enable lie detection.     

An analysis of youth crime and employment patterns

This paper investigates the relationships between the employment and the crime decisions of youths. We assume that youths maximize expected utility and we allow divergence betweenex ante andex post time allocations to legal and illegal activities. This gap motivates the exclusion restrictions which allow us to explore feedbacks between criminality and employability. Moreover, by using a panel of individual-level data, we are able to investigate the impact of historical crime and labor-market activities on the current delinquency and employability of juveniles. The measures of the endogeneous variables of our model are dichotomous. Furthermore, our sample is choice-based. Maximum-likelihood procedures which deal with these complications are used in our empirical investigations.     

A Theoretical Understanding of Abusive Intimate Partner Relationships that Become Non-violent: Shifting the Pattern of Abusive Control

Our theoretical understanding of abusive intimate partner relationships has ignored relationships that have become non-violent. We interviewed a community convenience sample of 27 women whose relationships had become non-violent. Using the constant comparative analysis of grounded theory, we generated a substantive theory, shifting the pattern of abusive control with three sub-processes, counteracting abuse, taking control, and living differently. Women’s acquisition of personal capacity and autonomy was foundational to countering the insidious oppression of abuse. Partners in these relationships that became non-violent, paid attention, gradually backing off and ceasing violent acts. For some women, coexisting in a violence-free relationship was satisfactory; for others, investing in an improved intimate partner relationship was essential for sustaining living differently. This theory provides direction for women who are working toward living differently with partners who are no longer violent, and for their helpers. Further, our findings contribute to our theoretical understanding of how abusive couple relationships may evolve over time.     

Research on Gender and the Law: Where Are We Going,Where Have We Been?

This article provides an overview of issues related to research on gender and the law. Following a discussion of the ways in which gender and the law interact, we assess the extent to which Law and Human Behavior (LHB) has addressed the issue of gender. Specifically, we present the results of our analysis of the role of gender in articles published in LHB from 1990 through 1996. We discuss the relatively few gender-relevant studies that appeared, as well as comment upon the attention given to gender by research with other primary foci. We then discuss various strategies for conducting gender research and their implications for research on gender and the law. We conclude by introducing the articles in this special issue on gender and the law, commenting on how they add to our accumulated knowledge in this area.     

Rorschach Tests,Pluralism, and Hopes for the Future: A Response to the Responses

In this essay, I address some of the concerns raised by contributors to the Symposium on Invitation to Law & Society: An Introduction to the Study of Real Law. I argue that law and society scholarship focusing on race increasingly offers some of our field's best empirical analyses of the interpenetration of law and society; I emphasize the importance of the methodological and theoretical diversity that characterizes our fragmented field, arguing that our pluralism is one of our greatest strengths; I clarify my intended meaning of the term “real law” as I use it in the book's subtitle, as a way to underscore the socially constituted quality of all law; I attempt to rescue the reputation of dialectics from charges of “relativism”; and I reiterate my appreciation for our field's engagement with questions of social justice that has characterized it since its inception. In the second half of the essay, I briefly describe my current prison research and offer some thoughts for the future of our field.     

Choice

In publishing this article by Sergei Chuprinin, the editorial board [of Znamia] hopes to begin a discussion of possible paths of spiritual, social, and ideological self-definition by the individual in post-totalitarian Russia. We propose to continue this debate on our pages with statements from well-known publicists, political scientists, public and political figures, and representatives of the creative intelligentsia and business circles.     

From The Memoirs of a President

Issue no. 14 of Ogonek begins publication of chapters from Boris Yeltsin's book The Memoirs of a President, published by Ogonek's editorial board. We want to thank our colleagues for giving us the opportunity to print an excerpt.     

The Fundamental Contradiction Redux? Liberty,Coercion, and American Legal Development

In Liberty and Coercion: The Paradox of American Government from the Founding to the Present, Gary Gerstle offers an ambitious account of American legal development from our nation's founding up to the present day. In many ways, Gerstle's account is in keeping with the long scholarly tradition of linking legal liberalism with changes in American law and politics. However, Liberty and Coercion also calls to mind critical legal scholarship, most notably Duncan Kennedy's “The Structure of Blackstone's Commentaries” and the idea of the fundamental contradiction. After reconstructing Kennedy's central claims, I highlight how they actually undermine Liberty and Coercion and jeopardize the larger legal liberal tradition.     

Socially responsible Criminology: Quality relevant research with targeted,effective dissemination

This address argues that some members of the criminology community must take upon themselves the responsibility of communicating the knowledge developed by the field to practitioners and decision makers. It is reasoned that only with such targeted dissemination will the full potential benefits from our work be realized.     

Orientation for the amendments to the State Indemnity Law of China

Traditionally, the understanding of the demarcation between indemnity and compensation starts from Rechtswidrigkeit (illegality). However, with the rise of “Erfolgsunrecht theory” and the objective base of negligence, and with the convergence of the theoretic bases of compensation and indemnity, the demarcation between compensation and indemnity is vanishing. This phenomenon should have given rise to our retrospection on the traditional research on the methods of state indemnity, which, at the same time, would be of a big influence on the orientation of the amendments to our State Indemnity Law and how to adopt the legislation on administrative compensation. Hence, it is necessary to reconstruct the elements of state indemnity and administrative compensation.     

STRUCTURAL AND SOCIAL PSYCHOLOGICAL CORRELATES OF PRlSONlZATlON

This study. based on an analysis of data obtained from a randomly selected sample of 239 inmates of a maximum security federal penetentiary, assesses the explanotory power and relative importance of variables related to prisonization in the previous literature. While support for hypotheses derived from the importation and deprivation models was found, our analysis. consistent with earlier research, reveals that the proportion of variance in prisonization which can be accounted for is not high. Still, our findings underline the necessity of moving toward an integration of existing theories of prisonization rother than attempting to view them as contradictory perspectives.     

Learning to be A Peacemaking Lawyer: Law Student Perspectives on Building Peacemaking into Law School Curricula,Building Paths to Practice for New Lawyers,and Interdisciplinary Training

From our perspectives as students, we reflect on the teachings of Lawyer as Peacemaker, a Winter 2015 course taught at UCLA School of Law — the school's course devoted to peacemaking lawyering. Utilizing our newfound peacemaking worldview, we share our collective reactions to the Lawyer as Peacemaker course and the ten articles in the Family Court Review Special Issue on Peacemaking for Divorcing Families. We then advocate for integrating peacemaking into law school curricula and experiential learning offerings and make recommendations on how law schools today can prepare students to practice peace.

Key Points for the Family Court Community:
• This article is a collaborative work product of three students who come from an array of work experience, backgrounds and interests and from their newly founded peacemaking worldview, the three students collaboratively analyzed ideas presented in the Lawyer as Peacemaker course and the articles from this issue.
• The peacemaking mediation allows the parties more control over their legal disputes and allows the control of the costs that come with litigation.
• Peacemaking involves a holistic and collaborative method, involving mental health professionals to financial advisors as well as legal professionals.
• However, peacemaking skill courses are not readily available to many law students while studying in law school.
• This valuable asset should be made available more extensively to law students interested in family law.

     

Measuring Procedural Justice in Police-Citizen Encounters

Procedural justice has dominated recent discussions of police interactions with the public. It has mostly been measured from the perspective of citizens (using surveys or interviews), but several important questions about predictors and outcomes of fair police treatment are best answered using direct observations of police-citizen interactions. Building on prior observational studies, we develop and validate an instrument for measuring procedural justice as it is exercised by the police in the natural setting of their encounters with the public. In doing so, we adopt a “formative” rather than the common “reflective” approach, based on the assumption that specific behaviors that make up procedural justice do not reflect a single underlying construct but rather form one. We justify this approach and validate our instrument accordingly. We also discuss the implications of our measurement for future research on procedural justice in police behavior.     

The reformers’ dilemma: media,policy ownership,and reform

Current proposals for strengthening policy ownership in reforming economies are fundamentally flawed. Modeling the reform process as a prisoners’ dilemma demonstrates that political agents must overcome this conflict of interests before present proposals for bolstering ownership will work. A politically autonomous mass media is one important mechanism enabling political agents to do this. Reforming countries without free media face an uphill battle overcoming the problems associated with transition. We test our theory by investigating the relationship between media freedom, foreign aid, and economic development in 26 post-socialist transition countries. The results of this analysis support our theory.      

Outsiders and justice consciousness

The foundations of my justice consciousness lie in two books that share the name “outsiders.” I was introduced to S.E. Hinton's novel before I was a teenager and it was my first real contact with the “Greasers,” the “Socs,” and a world of juvenile delinquency divided by social class. Written by a 16‐year‐old girl around the time I was born, I think it was this book that initially sparked my fascination with juvenile delinquency and the study of crime. I pursued this interest in college and became concerned with inequality and the ways in which our social surroundings shape our choices and our life chances. Reading Howard S. Becker's classic statement of labeling theory in his version of Outsiders changed my perspective again and I have never looked at the world in quite the same way since.     

Between the ‘Home’ and ‘Institutional’ Worlds: Tensions and Contradictions in the Practice of House Arrest

In this paper we argue that the theoretical work of Goffman (1961) on “total institutions,” Foucault’s (1977) insights into the workings of disciplinary power, and an account of contemporary forms of punishment and social control in postmodern society (Staples 2000) help us better understand the experiences of those individuals sentenced to house arrest. Based on face-to-face interviews with twenty-three people being electronically monitored in a Midwestern metropolitan area, our analysis identifies three themes that illustrate the ways in which electronic monitoring is experienced as a complex amalgam of what Goffman (1961, p. 13) saw as the distinct “home world” and the “institutional world”. These themes include (1) “Home is Where the Machine Is,” (2) “Producing Docile Bodies,” and (3) “Threat of Sanctions”. We reassert our claim (Staples 1994, 2000) that contemporary forms of social control such as electronic monitoring reflect an ongoing struggle to deal with problems and issues set in motion with the birth of modernity.     

PROBLEMS AND STRATEGIES IN GAINING RESEARCH ACCESS IN POLICE ORGANIZATIONS

“Access” is conceived of as involving passage through two gates: one manned by the top-level authority figures of the organization, and the other by the proposed subjects of one's study. Within this framework, informal contacts, contingent acceptance at successive organizational levels, and self-selection are identified and discussed as the factors most central to an understanding of our successful access into three police organizations and our failures to gain access to two police organizations.     

Human Dignity of “Offenders”: A Limitation on Substantive Criminal Law

The paper argues for attaching a significant role to the dignity of offenders as a limitation on the scope of substantive criminal law. Three different aspects of human dignity are discussed. Human dignity is closely connected with the principle of culpability. Respecting the dignity of offenders requires that we assign criminal liability according to the actual attitudes of the offenders towards the interests protected by the offence. The doctrine of natural and probable consequence of complicity, which allows us to assign liability for mens rea offenses to a negligent offender, violates the dignity of the offender; it treats the incautious offender as if she had willfully expressed disrespect towards the protected interest. The human dignity core of privacy is invaded by criminalizing the private possession of child pornography. By extending the prohibition of the creation, sale and distribution of child pornography to the private possession of pornography, the State attempts to control the way the individual expresses an essential part of the self—his sexual fantasies—within himself. Dignity demands that our actions convey an attitude of respect towards human beings. The expressive meaning of disrespect is culture-dependent. The historical association with totalitarian regimes explains our reluctance to impose a legal duty to report past crime: the individual who is legally required to turn a suspect into the police is viewed as an “informant.”     

The mourning process and “living with the dead”: Two case reports and a review of the literature

The discovery of mummified bodies in domestic settings is not unusual in the medico‐legal context. It is often a marker of social isolation, even in our urban modern society, and usually occurs among elderly people living alone or in precarious conditions. However, bereaved subjects can sometimes be found managing their grief by deliberately keeping the corpses of their loved ones at home. Investigation of these atypical cases can be challenging and often requires a multidisciplinary effort by different forensic specialists. We report two cases of people who lived for several months with the mummified remains of a relative. In both cases, the judge ordered a forensic psychiatry assessment of the survivors’ competency and the reasons for this peculiar behavior, which is regarded as abnormal in our society. Case 1 describes a shared psychosis, which developed out of a condition of extreme seclusion of the entire family. Case 2 shows that even a mild personality disorder on which a series of traumatic events operates can trigger psychotic decompensation, causing extreme denial of the reality of death. The analysis of these cases contributes to our knowledge of the scantly studied phenomenon of “Living with the Dead” and raises questions about the psychopathology behind it. It is useful to identify subjects who are more prone to developing this “deviant” behavior, in order to distinguish people with mental illness from those who merely want to profit from the death of a loved one.