Tribal law enforcement authority to enforce state laws

This paper summarizes the current status of the ability of tribal law enforcement officers to enforce state law in all states that have Indian country – defined in 18 U.S.C. § 1151 as any Indian reservation, dependent Indian communities, or Indian allotments – within their borders. It is important to understand the current status of those officers as their agencies look to improve public safety in their nations. First, for context, we provide a brief background on tribes and tribal law enforcement. Then, we present a summary of the legal jurisdictional challenges faced by tribal law enforcement. Finally, we analyze the current status of tribal law enforcement officers in each state and conclude with a summary and concluding remarks.     

Whose Constitution? Constitutional Self‐Determination and Generational Change

Constitutions enshrine the fundamental values of a people and they build a framework for a state’s public policy. With regard to generational change, their endurance gives rise to two interlinked concerns: the sovereignty concern and the forgone welfare concern. If constitutions are intergenerational contracts, how (in)flexible should they be? This article discusses perpetual constitutions, sunset constitutions, constitutional reform commissions, and constitutional conventions, both historically and analytically. It arrives at the conclusion that very rigid constitutions are incompatible with the principle of intergenerational justice. Recurring constitutional reform commissions at fixed intervals would give each generation of citizens a say without leaning too much on the side of flexibility.     

美、德、日实施宪法公共利益条款之比较研究

公共利益问题是各国宪法普遍关注的问题.早在200多年前,美国就将"公共使用"条款写入宪法修正案,德国、日本也分别在各自的宪法中规定了"公共福利"和"公共福祉"等内容.宪政理论与实践证明,公共利益条款的实施并非单纯的法治过程,它总是与本国具体的社会经济制度相联.由于美、德、日三国的市场经济体制存在一定差异性,因而,这些国家关于宪法公共利益条款的实施情况也不尽相同.研究发达国家公共利益条款运行的宪政模式,对于我国实践宪法公共利益原则具有一定的借鉴意义.     

Perceptions of the Process: Indian Gaming as it Affects Federal Tribal Acknowledgment Law and Practices*

This paper places federal acknowledgment practices within a context of expanding Indian gaming. It argues that gaming has changed the discourses around tribal acknowledgment in the general public, at the Bureau of Indian Affairs, and in inter‐ and intra‐tribal politics. Ethnographic and archival research show that, while gaming has proven to be a highly effective development strategy, it has also given rise to backlash against, and suspicion towards, Indian groups seeking recognition of their tribal status. The intersection of acknowledgment practices with public perceptions about Indian gaming has resulted in an increased politicization of the administrative process for federal recognition.     

Referendums and the Political Constitutionalisation of the EU

Abstract:  This article argues that European integration has triggered a dual constitutionalisation process in Europe. One is the revision of national constitutions to accommodate the integration project at the national level. The other is the construction of transnational rules to regulate novel inter-state relationships at the European level. EU referendums are contextualised in such a duel constitutionalisation process. At the domestic level, EU referendums handle the debates on national constitutional revision. At the transnational level, these popular votes ratify supranational constitutional documents. The article comparatively analyses three types of EU referendums—membership, policy and treaty referendums—according to this analytical framework, exploring the campaign mobilisation of voters, national governments, and transnational institutions, and examining the legal and political interaction between referendums and European integration. A key finding is that, as the dual constitutionalisation process deepens and widens, entrenched domestic players and restrained transnational actors are under increasing pressure to 'voice' themselves in EU referendums.     

Safe at home? Policing the U.S. hometown in a post 9/11 environment

Despite the prominence of terrorism concerns on the national agenda, three areas of public policy pose more significant challenges for local law enforcement in the United States: illegal gun proliferation and distribution; offender incarceration and re-entry paths; and investments in the lives of children. This paper argues that the current direction of public policy in these latter areas should be a primary concern, because these policies not only impact law enforcement in a negative way, but also threaten the strength and vitality of the communities law enforcement is trying to serve. Moreover, the dangers posed by these policies are far more calculable, more likely and more destructive over the long run than those posited for more extreme, though less-likely threats, to which the U.S., as a nation, is committing enormous sums of money, for seemingly incremental, public safety benefits. The role of law enforcement executives is critical to how these issues will be addressed.     

Gang membership and criminal processing: A test of the “master status” concept

Using data on 370 criminal defendants processed in an urban court, we examine whether gang membership constitutes a master status that influences both charging and sentencing decisions. We first review various formal efforts to confront the “gang problem” in this jurisdiction, and provide a theoretical foundation for treating gang membership as a master status. After deriving hypotheses from this master status characterization of gang membership, we estimate statistical models for gang and nongang members to determine whether different factors are used in processing and adjudicating each. The results provide some support for the characterization of gang membership as a master status. We discuss alternative explanations for the findings and their implications for public policy on gang prosecution and criminal processing.     

AMERICAN BAR ASSOCIATION POLICY REQUIRING LICENSURE,REGULATION, AND MONITORING OF PRIVATELY OPERATED RESIDENTIAL TREATMENT FACILITIES FOR AT‐RISK CHILDREN AND YOUTH

Well‐meaning parents send an estimated 10,000 to 14,000 at‐risk children each year to unregulated private residential treatment facilities, which for as much as $3,000 to $5,000 per month promise to modify troublesome behaviors and make bad kids good. The facilities that compose this booming, billion‐dollar business are generally not regulated, licensed, or monitored by state or federal governments; too many aspects of this alternative care system for youth are rife with mistreatment, including physical, sexual, and mental abuse by facility staff. This American Bar Association policy resolution urges state, territorial, and tribal legislatures to pass laws that require the licensing, regulating, and monitoring of residential treatment facilities that are not funded by public or government systems but offer treatment to at‐risk children and youth for emotional, behavioral, educational, or other problems or issues.     

Legitimizing American Indian Sovereignty: Mobilizing the Constitutive Power of Law through Institutional Entrepreneurship

Extensive sociolegal scholarship has addressed the utility of law as a mechanism through which marginalized groups may promote social change. Within this debate, scholars employing the legal mobilization approach have thus far highlighted law's indirect impact, beyond the formal arenas of law, via effects on the "legal consciousness" of reformers and would-be reformers. This article contributes to this debate, and the legal mobilization framework in particular, by theoretically identifying and empirically documenting ways through which the constitutive power of law may be effectively used by challengers to more directly pursue changes in institutionalized practices themselves. The article examines the strategic use of law by a set of American Indian tribal leaders in the state of Washington who, over a 13-year period, consciously meshed or "cohered" legal and extrajudicial efforts to gain recognition of their sovereign political status. Through a mode of agency known as "institutional entrepreneurship," they utilized the multiplicity of law and exploited resources and opportunities inhering within the state itself, but outside the courts. In the context of ambiguous legal precedent and widespread local challenges to tribal rights, they mobilized latent discourses of federal Indian law that legitimated the sovereign governmental status of tribes. Importantly, they circulated tribal sovereignty discourses well beyond the field of law, but through the authoritative activity and voice of the state, and in doing so, generated a precedent-setting recognition of tribal sovereignty.     

Adolescent Male and Female Gang Members’ Experiences with Violent Victimization, Dating Violence, and Sexual Assault

A substantial amount of scholarship has been devoted to examining the relationship between gang membership and criminal offending. This research has produced a wealth of qualitative and quantitative studies indicating that gang membership increases the likelihood of criminal offending for both males and females. Less research, however, has examined the relationship between gang membership and violent victimization. The present study adds to the literature by examining the relationship between gender, gang membership, and three types of victimization. Specifically, this paper focuses on whether self-reported gang membership is uniquely related to victimization experiences for females compared to males. Results from a statewide survey of public high school students in South Carolina indicate that gang membership is significantly related to the risk of victimization for both males and females. The implications of these findings for research and policy are discussed.     

对物权法草案合宪性质疑的理论回应

在法制发展史上,包括物权制度在内的民法是先于宪法产生的.涵盖了物权法的民法恰恰是现代宪法的精神与制度源泉.在结果意义上而非发生意义上,宪法具有在法律位阶上高于物权法等部门法的地位.宪法是以公法的身份借助国家力量对一切财产权利予以确认和保障,而在物权法所调整的私权交往领域,各类财产权利关系具有平等的法律地位.主张应在物权法中规定公共财产的特殊保护,是对私法功能乃至宪法之公法功能的错误理解.     

The Dead, the Law, and the Politics of the Past

This article explores the role of law in cultural and political disputes concerning dead bodies. It uses three interconnecting legal frameworks: cultural and moral ownership, commemoration, and closure. It begins with a critique of the limitations of the private law notion of 'ownership' in such contexts, setting out a broader notion of cultural and moral ownership as more appropriate for analysing legal disputes between states and indigenous tribes. It then examines how legal discourses concerning freedom of expression, religious and political traditions, and human rights and equality are utilized to regulate the public memory of the dead. Finally, it looks at the relationship between law and notions of closure in contexts where the dead have either died in battle or have been 'disappeared' during a conflict, arguing that law in such contexts goes beyond the traditional retributive focus of investigation and punishment of wrongdoers and instead centres on broader concerns of societal and personal healing.     

Beyond Constitutionalism: The Search for a European Political Imagination

Two recent books, Joseph Weiler's The Constitution of Europe and Larry Siedentop's Democracy in Europe, seek to address one of the defining issues in contemporary European legal studies; the search for a European public philosophy. Both site their critiques within a particular jurisprudential tradition, the modernist; one that is bound up with anxieties about legitimacy and constitutionalism. This review article suggests that the ‘new’ Europe has been too easily distracted by the lures of constitutionalism, and more particularly by the temptations of Treaties. Public philosophies are not found in Treaty articles. Rather, a public philosophy is a state of mind, a product of the political imagination. And it is the absence of such an imagination which lies at the root of contemporary concerns regarding constitutionalism and legitimacy; the concerns which underpin Weiler's and Siedentop's books. A discussion of these books, in the first two parts of this article, is followed by a discussion of Godfried Wilhelm Leibniz's ‘universal’ jurisprudence. It is suggested that such a jurisprudence is better able to furnish a public philosophy for the ‘new’ Europe; just as, indeed, it was for the ‘old’ Europe. Moreover, such a jurisprudence is far more than a mere theory of laws and constitutions. Leibniz's jurisprudence requires that we think, not merely ‘beyond’ sovereignty, or even beyond democracy, but beyond constitutionalism.     

Propensity to support prison gangs: its relationship to gang membership,victimisation, aggression and other disruptive behaviours

Propensity to support prison gangs and its association with aggression, victimisation and disruptive behaviour is explored. The sample comprised 423 adult male prisoners from three Canadian prisons. Participants completed the PGB (Propensity to support Gang-related Behaviour scale) and DIPC-R (Direct and Indirect Prisoner behaviour Checklist-Revised). The former indicated gang membership propensity and included a direct question on whether or not participants considered themselves a gang member. It was hypothesised that prison-based aggression would be predicted by a propensity to support prison gangs and by gang membership. It was also hypothesised that aggression and disruptive behaviours would be reported more frequently by gang members than non-gang members. Propensity to support prison gangs was associated with aggression and other disruptive behaviours, as was actual gang membership. Aggression and other disruptive behaviours were reported more frequently by gang members. Prisoners reporting both aggression perpetration and victimisation simultaneously (i.e. ‘perpetrator/victims’) were over-represented as gang members. Gang membership did not appear to protect against being victimised. Propensity to support prison gangs was composed of beliefs that gangs were supportive, well-ordered and protective, and comprised of friends. The importance of accounting for propensity to support prison gangs and not just self-reported gang membership is discussed.     

Green Constitutionalism: The Constitutional Protection of Future Generations

Abstract. The purpose of this paper is to propose and consider a new constitutional provision that can contribute to the protection of the vital needs of future generations. The proposal I wish to elaborate can be termed the posterity provision, and it has both substantive and procedural elements. The aim of this constitutional provision is twofold. The first is to encourage state authorities to make more future‐oriented deliberations and decisions. The second is to create more public awareness and improve the process of public deliberation about issues affecting near and remote future generations. It is argued that a good case can be made for the proposed reforms compared with alternative substantive constitutional environmental provisions found in existing constitutions and in the literature on legal and political theory. The main reason for this is that the proposed law constitutes a better and more adequate basis for judicial enforcement than the alternatives, which tend to be very vague or unclear. In this connection, I contend that there are both epistemological and moral reasons for introducing constitutional provisions that focus on the protection of critical natural resources essential for meeting the basic physiological needs of future people. It is also argued that the posterity provision can be defended on the basis of central ideas and ideals in recent theory of deliberative democracy.     

You're OK,I'm OK: The Self-Presentation of Affective Reactions to Deprivation

Two experiments compared public and private reports of affective reactions to deprivation. In Experiment 1, participants completed a questionnaire concerning their resentment about poor marks in a course; they had previously been led to believe that another participant was either angry or not angry about his/her marks. Participants' ratings of resentment were more affected by the other participant's alleged emotions in a public than in a private reporting condition. In Experiment 2, employed adults completed a questionnaire concerning their affective reactions to the lack of day care facilities available for working parents; they had previously been led to believe that the experimenter was either upset or not upset about the facilities. When respondents' answers were public, their ratings of resentment were affected by the experimenter's alleged emotions, whereas under conditions of private responding, there was no effect of the experimenter's alleged emotions. Taken together, these experiments provide initial evidence that self-presentation motives can influence reports of affective reactions to deprivation. In particular, our data show that self-presentation can induce a matching strategy whereby public expressions of resentment mirror the expressions of salient others. Two experiments compared public and private reports of affective reactions to deprivation. In Experiment 1, participants completed a questionnaire concerning their resentment about poor marks in a course; they had previously been led to believe that another participant was either angry or not angry about his/her marks. Participants' ratings of resentment were more affected by the other participant's alleged emotions in a public than in a private reporting condition. In Experiment 2, employed adults completed a questionnaire concerning their affective reactions to the lack of day care facilities available for working parents; they had previously been led to believe that the experimenter was either upset or not upset about the facilities. When respondents' answers were public, their ratings of resentment were affected by the experimenter's alleged emotions, whereas under conditions of private responding, there was no effect of the experimenter's alleged emotions. Taken together, these experiments provide initial evidence that self-presentation motives can influence reports of affective reactions to deprivation. In particular, our data show that self-presentation can induce a matching strategy whereby public expressions of resentment mirror the expressions of salient others.     

University student beliefs about sexual violence in prison: rape myth acceptance,punitiveness, and empathy

Abstract

The public desires more punitive sentencing for sex offenders; however, treatment has been shown to be most effective in increasing public safety. It has been suggested that public education about the benefits of sex offender treatment could influence public policy. The purpose of this study was to determine if a brief psychoeducational intervention could influence individuals’ attitudes towards the treatment of sex offenders. Overall, findings showed that a psychoeducational intervention can affect subsequent attitudes; furthermore, the nature of the intervention will be significant in determining the level of attitude change.     

A molecular identification system for grasses: a novel technology for forensic botany

Our present inability to rapidly, accurately and cost-effectively identify trace botanical evidence remains the major impediment to the routine application of forensic botany. Grasses are amongst the most likely plant species encountered as forensic trace evidence and have the potential to provide links between crime scenes and individuals or other vital crime scene information. We are designing a molecular DNA-based identification system for grasses consisting of several PCR assays that, like a traditional morphological taxonomic key, provide criteria that progressively identify an unknown grass sample to a given taxonomic rank. In a prior study of DNA sequences across 20 phylogenetically representative grass species, we identified a series of potentially informative indels in the grass mitochondrial genome. In this study we designed and tested five PCR assays spanning these indels and assessed the feasibility of these assays to aid identification of unknown grass samples. We confirmed that for our control set of 20 samples, on which the design of the PCR assays was based, the five primer combinations produced the expected results. Using these PCR assays in a 'blind test', we were able to identify 25 unknown grass samples with some restrictions. Species belonging to genera represented in our control set were all correctly identified to genus with one exception. Similarly, genera belonging to tribes in the control set were correctly identified to the tribal level. Finally, for those samples for which neither the tribal or genus specific PCR assays were designed, we could confidently exclude these samples from belonging to certain tribes and genera. The results confirmed the utility of the PCR assays and the feasibility of developing a robust full-scale usable grass identification system for forensic purposes.     

Tribalism in the Nigeria police force

A questionnaire survey of 100 police officers in the Nigeria Police Force was conducted. Almost three‐fourths (72%) of the officers indicated that they felt they had been discriminated against based upon their tribal membership. Tribal influence was thus considered by these officers to be pervasive within the Nigeria Police Force. More specifically, tribal influence was thought to play an especially important role in hiring practices, post assignments, disciplinary actions, transfers, and promotions.     

What’s Wrong with Penal Populism? Politics,the Public,and Criminological Expertise

This article discusses “penal populism” and its conflict with criminological expertise. It considers the proper balance between professional expertise and community sentiment in the formulation of crime control and penal policy—especially in respect of policy measures where moral rather than instrumental considerations are involved. It raises theoretical questions about the nature of “public opinion”—does it exist other than as an artifact of survey instruments?—and its proper role in a democratic polity. And it considers the professional responsibility of criminological experts in relation to policy formation and political debate. The performance of public health experts during the COVID pandemic is presented as an instructive case in point. Can criminology establish itself as a credible form of social scientific knowledge worthy of public trust? And how should criminologists comport themselves when engaging with questions of public policy and political controversy?