Jail Calls: What Do Kids Have to Do with It?

For many domestic violence victims, witness tampering continues throughout an abuser’s detention while awaiting court appearance and sentencing, often via phone calls made from jail. A common question we are asked when leading an investigation and providing expert testimony is how abusers involve their children (directly or indirectly) during jail calls. In this commentary, we use three case examples to illustrate how abusers involve their children (directly or indirectly) to further manipulate and tamper with their victim. As the three case examples illustrate, domestic abusers tend to use similar strategies with children during the jail calls as they do with their primary victim (e.g., minimizing the abuse, calling up images of a broken family due to impending charges and sentencing), and tend to triangulate their children against the victim.     

Conducting Cost Benefit Analyses in Criminal Justice Evaluations: Do We Dare?

The last decade has witnessed a demand for evidence-based programs in virtually every field of social research. Presumably evidence will help inform officials as to which programs are likely to yield successful outcomes as well as help practitioners operate programs with best practices. But program effectiveness is only half the answer. The other half is affordability. Policy makers make budget-constrained decisions. A decision to implement a program in one area means cuts in programs in some other area. Evaluations that report only effectiveness findings cannot contribute much toward social program decision making. Evaluators must start to provide information on both costs and effectiveness or costs and benefits. This paper presents some of the challenges of incorporating cost benefit analysis into traditional criminal justice program evaluations. It presents illustrations of the conceptual and measurement issues to be faced evaluating programs in such areas as private security, juvenile delinquency, police interventions, and correctional rehabilitation when researchers attempt to add cost analysis to program inputs and try to convert outcomes into monetary units. It raises issues regarding availability, program externalities, hidden resources, and inadequacies of outcome measures. It concludes with some general guidance for evaluators on conducting such analyses and a checklist of questions to consider when deciding between cost effectiveness analysis and cost benefit analysis.     

Laboratory Experiments: A Meaningful Contribution to Restorative Justice Research?

Advocates of restorative justice (RJ) argue that the process offers a more effective means of responding to crime than the formal criminal justice system, and many studies have evaluated RJ positively across a variety of outcome measures, particularly in comparison to court based procedures. However, the RJ literature contains few studies that directly test the factors affecting RJ participants’ behaviours and experiences, so little is known about the specific factors that influence how, and for whom, RJ works. In this paper, we argue that the expanded use of experimental laboratory methodologies will broaden and strengthen our understanding of the basic mechanisms by which RJ operates. We describe some ways in which experimental laboratory research may enhance understandings of apology in restorative settings as well as public support for RJ, and we emphasise the need and the potential to overcome barriers of artificiality in laboratory settings. This analysis of laboratory methodologies and the field of RJ research indicates that creative and well-designed experimental laboratory studies can advance knowledge in this area, allowing researchers to investigate how particular components of RJ contribute to the success or failure of RJ processes.     

Race and peremptory challenges during voir dire: Do prosecution and defense agree?

Recent litigation in state and federal courts in the United States suggests that black prospective jurors may be systematically excluded from sitting on trial juries through the issue of peremptory challenges during the voir dire process. Numerous trial and appellate cases have reaffirmed the importance of excluding prospective jurors without cause through peremptory challenges. An insufficient number of studies have examined peremptory challenge data to determine if a systematic bias against black prospective jurors actually exists. This study analyzes peremptory challenges issued by both prosecution and defense to determine if both adversary parties agree on the proclivity of black jurors to influence a jury verdict in a given direction. The study concludes that both prosecution and defense agree, as evidenced in the issue of peremptory challenges, that black jurors are prone to move a jury toward a verdict of acquittal.     

Reactions to Dating Violence Research: Do Difficulties with Distress Tolerance Increase Negative Reactions?

Recent research has begun to examine whether participants in dating violence studies perceive any benefit from the research and/or experience emotional distress as a result of having participated. Such information is important for Institutional Review Boards (IRBs) and researchers in determining ethical and appropriate protections for participants. In the current study, we examined participants’ reactions to answering questions on dating violence victimization and perpetration utilizing a sample of female college students (N?=?282). We also examined whether distress tolerance was associated with research reactions and moderated the relation between reports of victimization/perpetration and negative emotional reactions to the research. Findings demonstrated that negative emotional reactions to the research did not differ between individuals with or without previous dating violence. Further, distress tolerance had a main effect, but not a moderating effect, on negative emotional reactions to research participation. Implications of these findings for future research and IRBs are discussed.     

Why Should Justice Be Seen to Be Done?

A well-known maxim instructs that justice should be seen to be done. When “seen” is understood in the sense of “observed”, the maxim is easily defended: open court proceedings protect against arbitrary and partial decisions. However, when “seen” is understood in the sense of “seem,” the maxim is more puzzling, since it is not obvious why courts should concern themselves with people's perceptions that justice has been done. This article addresses this issue, with a particular focus on the social and other benefits that result when judges observe procedures that are widely regarded as fair, especially in criminal trials. The article draws on empirical studies in social psychology that show that when legal authorities treat people in ways that accord with “lay” procedural expectations, they are more likely to view the authorities as legitimate, to cooperate with them, and to obey the law out of an internalized sense of obligation. The article explores the moral significance of these empirical findings, arguing that it would be superficial to see them as a recipe for social stability. The deeper truth conveyed by the empirical research is that relating to people in ways that are widely perceived to be fair is a way for authorities to engage people's moral sentiments and to enliven their virtuous capacity to put aside considerations of self-interest so as to do what is right. This dynamic provides a sound moral foundation for courts to concern themselves with perceptions of justice.     

Does Dworkin Commit Dworkin's Fallacy?: A Reply to Justice in Robes

In an article entitled ‘Dworkin's Fallacy, Or What thePhilosophy of Language Can't Teach Us about the Law’,I argued that in Law's Empire Ronald Dworkin misderived hisinterpretive theory of law from an implicit interpretive theoryof meaning, thereby committing ‘Dworkin's fallacy’.In his recent book, Justice in Robes, Dworkin denies that hecommitted the fallacy. As evidence he points to the fact thathe considered three theories of law—‘conventionalism’,‘pragmatism’ and ‘law as integrity’—inLaw's Empire. Only the last of these is interpretive, but each,he argues, is compatible with his interpretive theory of meaning,which he describes as the view that ‘the doctrinal conceptof law is an interpretive concept’. In this Reply, I arguethat Dworkin's argument that he does not commit Dworkin's fallacyis itself an example of the fallacy and that Dworkin's fallacypervades Justice in Robes just as much as it did Law's Empire.     

Girls,Why Do You Want to Become Police Officers? Career Goals/Choices Among Criminal Justice Undergraduates

Three main research questions were examined in the present study. First, are there differences between male and female criminal justice undergraduates when it comes to selecting their future careers? Second, are male criminal justice students more likely than their female counterparts to pursue careers in law enforcement? Third, are men more likely than women to hold unfavorable attitudes toward women criminal justice practitioners? Data were collected from 256 undergraduates majoring in criminal justice at an urban university located in a metropolitan area in the midwestern United States during the early spring of 2006. Significant gender differences were found among the respondents in terms of their career goals/choices and motivations.     

Litigation Costs and Before‐the‐Event Insurance: The Key to Access to Justice?

The cost of civil litigation is a key factor in determining the extent of access to justice. Following cuts in legal aid attention has focused upon finding alternative methods of assisting litigants without producing costs which are out of proportion to the damages obtained. The recent report by Lord Justice Jackson attempts to deal with concerns about increasing and disproportionate costs said to arise in part because of the encouragement of conditional fee agreements. This article considers the proposals made in the report, and argues that too little attention has been paid to before‐the‐event insurance as a means of securing access to justice for the great majority of claimants who suffer personal injury.     

Beyond the Law?: The Justice of Deconstruction

This paper offers a close reading of Derridas essay Force of Law that emphasises the twin strengths of a deconstructive approach to questions of law and justice -- textual analysis and political context. Derridas interest is in limit or test cases, and so he engages with the fraying edges of the law, its borders, the frontiers that are most heavily policed because they are most fragile, for example capital punishment, genocide, general strikes and terrorism. Derrida undertakes an exploration of violence through a reinterpretation of Walter Benjamins Critique of Violence. At the heart of Derridas difficult argument is a demand for justice that goes beyond the cataloguing of specific injustices, and beyond the terms of Benjamins critique. The utopian impulse that underpins Force of Law is carried over into Specters of Marx, Derridas recent explicit grappling with the legacy of Marxism. The links between these two texts by Derrida implies a sustained politics of radical commitment on the part of deconstruction, a commitment to future forms of legality and egalitarianism, a theory of justice posited upon prescience rather than precedent.     

Who is Afraid of Punishing Aggressors?: On the Double-Track Approach to International Criminal Justice

Since 1947, no alleged crime of aggression has ever been prosecuted,in spite of the many instances in which states have committedacts of aggression with the Security Council sometimes deemingan act to be such. A dual system of international criminal justicehas taken shape slowly. Crimes consisting of serious violationsof jus in bello, that is, war crimes, usually considered lessegregious than the crime of aggression, have been severely prosecutedand punished, in particular by the International Criminal Tribunalfor the former Yugoslavia (ICTY). Yet, the ‘supreme internationalcrime’ — aggressive war — mostly committedby political and military authorities of major powers, has beenignored and its perpetrators still occupy the summit of internationalpower undisturbed.     

Defense Attorney Plea Recommendations and Client Race: Does Zealous Representation Apply Equally to All?

Research on racism in the criminal justice system generally focuses on the role of the jury; yet, the vast majority of convictions are obtained through plea bargains. This research addresses the role of the defense attorney and proposes that disparities in sentence length and incarceration rates between African Americans and Caucasian Americans are in part due to the plea bargains that defense attorneys recommend these clients accept. Using practicing defense attorneys from around the country, findings indicate that the pleas attorneys felt they could obtain with a minority client contained higher sentences (adjusted M = 2.88) than those they felt they could obtain with a Caucasian client (adjusted M = 2.22) and were significantly more likely to include some jail time. Reasons for the disparate recommendations were not due to increased perceptions of guilt with the minority client nor to perceptions that the minority client would fare worse at trial. Theoretical and practical implications are discussed as well as possible future directions.     

What’s Sex (Composition) Got to Do with It? The Importance of Sex Composition of Gangs for Female and Male Members’ Offending and Victimization

Sex composition of groups has been theorized in organizational sociology and found in prior work to structure female and male members’ behaviors and experiences. Peer group and gang literature similarly finds that the sex gap in offending varies across groups of differing sex ratios. Drawing on this and other research linking gang membership, offending, and victimization, we examine whether sex composition of gangs is linked to sex differences in offending in this sample, further assess whether sex composition similarly structures females’ and males’ victimization experiences, and if so, why. Self-report data from gang members in a multi-site, longitudinal study of 3,820 youths are employed. Results support previous findings about variations in member delinquency by both sex and sex composition of the gang and also indicate parallel variations in members’ victimization. These results are further considered within the context of facilitating effects such as gender dynamics, gang characteristics, and normative orientation.     

Achieving and Managing Equality in the Criminal Justice Process: Do the New Equality Measures Go Far Enough?

Abstract: This article will explore some of the legal and organisational challenges facing the various agencies involved in the delivery of criminal justice, in the UK, in adhering to the Equality Act 2006, Equality Duties and the forthcoming Single Equality Act (which, proposes a Single Equality Duty). We will consider the impact of these changes with reference to European legislation. Of particular interest will be the themes of effective implementation of the current Duties, equality of access and equality of outcome for both victims and offenders to appropriate services to tackle offending behaviour and the prevention of crime. This article will highlight issues surrounding impact assessment and the role of agency discretion and regulation. We offer some comments on future directions and the role of the regulatory bodies including the Equalities and Human Rights Commission (EHRC).     

Sexual Slavery: Do We Need This Crime in Addition to Enslavement?

The article focusses on the crime of sexual slavery in the ICC Statute. It examines the legal definition of enslavement in Article 7 (2) (c) ICC Statute and the Elements of Crimes (EOC) of enslavement and sexual slavery as well as the jurisprudence of the SCSL which was the first to deal with the application of the EOC of sexual slavery to a concrete situation (so-called ‘forced marriage’ phenomenon). The author questions whether there is a necessity to have two crimes against humanity of enslavement and sexual slavery but on the other hand, no war crime of enslavement. Further, she rejects the interpretation that human trafficking has become part of the definition of slavery/enslavement as the footnote in the EOC seems to suggest. The author argues vigorously that the phenomenon of ‘forced marriage’ should be prosecuted as sexual slavery and not under the residual offence of inhumane acts as a ‘new’ international crime.