In Hot Pursuit of NRD Claims

Federal- and state-designated entities' ability to pursue claims for damages to the nation's natural resources have long existed under statutory and common law but, until recently, were placed on the back burner.

Pursuit of Natural Resource Damage (NRD) claims by federal and certain state governments have drastically increased. New Jersey and New Mexico have been among the most aggressive. Issues surrounding NRD claims such as allocation of liability, calculation of damages using formulas and technical factors, and causation are the focus of litigation. New Jersey's groundwater initiative and New Mexico's program are being watched closely to determine future success of NRD claims.     

New Institutionalism and Naturalism in Socio‐Legal Analysis: Institutionalist Approaches to Regulatory Decision Making

Through drawing on the work particularly of sociological and organizational theorists socio-legal work has added considerably to an understanding of the uses of law and discretion, and shown the contingency of the operation of law on the economic, political and organizational context. Some important questions still remain unanswered, however. In particular, if in decision making law is not determinative, but rather decisions are shaped by other bureaucratic or organizational norms, political and economic pressures and an individual's own world views and interests, what role does law play? Further, what impact does the decision process, in which different norms or considerations all bear, have on law? In starting to answer these questions the article examines the models of decision processes and decision behavior which underly the different new institutionalist analyses, and suggests that whilst they provide some insights, they have their own limits.     

A socio-legal quest: from jurisprudence to sociology of law and back again

How should socio-legal studies view jurisprudence, the legal theory of jurists? Jurisprudence's task is to promote law as a socially valuable idea taking various forms in different times and places. As a value-oriented and context-focused enterprise, it should draw on the social sciences to make its inquiries relevant in a changing socio-legal world. Correspondingly, socio-legal research needs theory to link its empirical inquiries to an overall sense of what can be hoped for from law as a social phenomenon. In different ways, jurisprudence and socio-legal inquiry should help to theorize the nature of legal practice and legal experience. They are necessarily distinct enterprises with contrasting orientations, but they can aid each other in important ways.     

Of Mines,Mining, and Imagining: Rights without Society?

As a polyvocal discipline that integrates studies of law in society, socio-legal studies should have no problem accommodating civil liberties and human rights. Numerous methodologies and frameworks present themselves as illuminating, troubling, and critiquing conceptions and experiences of rights. Legal analysis of human rights is nevertheless often abstract and highly technical. But what if socio-legal analyses of rights were not available? What would be lacking? Using a personal situated methodological approach, I explore the Journal of Law and Society's back catalogue to reflect on what civil liberties and human rights might be without socio-legal studies.     

What Do Juvenile Offenders Know About Being Tried as Adults? Implications for Deterrence

An underlying assumption in the nationwide policy shift toward transferring more juveniles to criminal court has been the belief that stricter, adult sentences will act as either a specific or general deterrent to juvenile crime. With respect to general deterrence—whether transfer laws deter would‐be offenders from committing crimes—it is important to examine whether juveniles know about transfer laws, whether this knowledge deters criminal behavior, and whether juveniles believe the laws will be enforced against them. The current study is one of the first to examine juveniles' knowledge and perceptions of transfer laws and criminal sanctions. We interviewed 37 juveniles who had been transferred to criminal court in Georgia, obtaining quantitative as well as qualitative data based on structured interviewed questions. Four key findings emerged. First, juveniles were unaware of the transfer law. Second, juveniles felt that awareness of the law may have deterred them from committing the crime or may deter other juveniles from committing crimes, and they suggested practical ways to enhance juveniles' awareness of transfer laws. Third, the juveniles generally felt that it was unfair to try and sentence them as adults. Finally, the consequences of committing their crime were worse than most had imagined, and the harsh consequences of their incarceration in adult facilities may have had a brutalizing effect on some juveniles. The implications for general and specific deterrence are discussed.     

Persistence and desistance: Examining the impact of re-integrative shaming to ethics in Taiwan juvenile hackers

The Internet community has been addressing the unethical behavior of juvenile delinquents for years. Nevertheless, the concepts of hacker shame and ethics have received little empirical study from a theoretical perspective in the field of cyber criminology. Braithwaite's re-integrative Shaming Theory posits that it can restrain individuals from committing future offenses, and that those who participate in this shaming process are less likely to consider breaking the law in the first place. Among the abundance of criminological theories, the re-integrative Shaming Theory may be the most suitable theory to restrain hacker activities. This study focuses on the working relationship between nine juvenile delinquents and the shaming mechanism applied to them. However, applying this approach to reduce recidivism among computer hackers requires a great deal of time and effort. It is proposed that the state of shame or remorse is associated with the compounded affective processes of hacker ethics. The proposed solution creates a code of ethics for hackers, distinguishes right from wrong, and ensures a greater success for Braithwaite's re-integrative shaming methods. This paper discusses the problems and solutions related to the Shaming Theory, as well as their usefulness in the context of community-based restorative justice. It is argued that re-integrative shaming, without appropriate consideration for the offender's personal code of ethics, is insufficient when handling hacking offenses committed by juveniles. Our main concern is to find out how to help or encourage the offender's reintegration and re-entering into the community, and how s/he can avoid failure. It is hoped that our proposed strategy can prevent future offending behaviors by these juveniles. Implications drawn from the findings are discussed, and suggestions are offered to ensure the success of this theory when applied to juvenile hackers.     

Is There Touch in the Game of Twister®? The Effects of Innocuous Touch and Suggestive Questions on Children's Eyewitness Memory

Preschool children (ages 48–70 months, N = 48) experienced 2 to-be-remembered events (i.e., the games Twister^® and Shapes) that included either innocuous bodily touch or no touch. Participants were interviewed 7 days later and asked direct (“Did Amy kiss you?”) or suggestive “tag” questions (“Amy kissed you, didn't she?”) equated for content. Results indicated that children who were innocuously touched were no more likely to falsely assent to “abuse-related” touch questions (e.g., “Amy touched your bottom, didn't she?”) than were children who were not touched. However, children who were asked tag questions responded at chance levels, thereby making high errors of commission in response to abuse-touch questions relative to their no-tag counterparts who responded to “abuse questions” accurately 93% of the time. Children who were asked tag questions assented at a higher rate to general forensic questions (“Amy took your picture, didn't she?”) than did children asked direct questions, and children assented at higher rates to “abuse-touch” questions than to general forensic questions. Results are discussed in terms of prior research on interviewing techniques and adult influence on children's testimony.     

JUVENILE OFFENDERS MEET THEIR VICTIMS

The process of allowing certain victims of crime to confront their juvenile offender in the presence of a trained mediator to both talkabout the event andnegotiate aplan for compensating the victim is developing in a growing number of communities throughout the United States. This article reports on the impact of the victim offender mediation program in Albuquerque, New Mexico. It is based on interviews with 206 victims and juvenile offenders in Albuquerque, as well as interviews with court officials andprogram stas This program represenisa strong court and community partnership. victims and offenders whoparticipated in mediation indicated high levels of satisfaction with both the processand outcomes of mediation. Wctims who were involved in mediation, particularly, were considerably more likely to indicate satisfaction with the manner in which the juvenile justice system handled their case than were those victims who were referred to mediation but did nut participate or similar victims who were never even referred to the mediation program. Offenders who negotiated their restitution obligation with the victim were far more likely to actually complete restitution, when compared to offenders whose restitution was ordered by the court with no mediation program involvement.     

Beyond the Workhouse: Regulating Vagrancy in Goa, India

Although homelessness is extensive in India, there has been little research on the rural dimension. This study examines the social and legal regulation of homelessness in India, focusing on the rural areas and providing a case-study of Goa. The term 'vagrancy' is used in the title of the paper in order to reflect the nature of legislation which criminalizes the vagrant individual perhaps more than other forms of homelessness. Historically, British Raj legislation on Criminal Tribes and vagrancy is contrasted with the Portuguese religious charitable perspective adopted in Goa. This is complemented by a contemporary case-study of the regulation of homelessness in the state of Goa. Goa is described as the place where the 'new India' and the 'old India' meet, with affluent tourists (both Indian and Western) encountering the 'old India' of poverty and homelessness among the migrant workers who service the tourist industry. Particular reference is made to the case of the Lamani??defined as a gypsy group??who are often constructed as the main cause of social ills within the state. This historical and socio-legal analysis is complemented by reference to fieldwork conducted in Goa.     

As outcomes measurement and management become widespread, providers should beware of legal pitfalls

Until new statutes and court decisions clarify the law applicable to outcomes research, providers will continue to face new questions. In the meantime, paying careful attention to satisfying the requirements of existing laws protecting peer review information will put providers in the best position to minimize their exposure. Providers should review their current outcomes measurement and management systems to ensure that (1) they are structured to take full advantage of the confidentiality protections available under state law, and (2) appropriate access to outcomes data for those who need it is clearly provided for in the relevant documentation.     

Faith-based efforts to improve prisoner reentry: Assessing the logic and evidence

Prisoner reentry constitutes one of the central criminal justice challenges confronting U.S. society. Coinciding with this emerging social problem has been increased policymaker interest in faith-based programs to improve outcomes for vulnerable populations, including released prisoners. Critical questions about the nature and effects of faith-based reentry programs remain largely unaddressed, however: (1) What is a “faith-based” program? (2) How does or could such a program reduce recidivism and improve other behavioral outcomes among released offenders? (3) What is the evidence concerning the impacts of faith-based reentry programs? (4) What are critical implementation issues that may affect the operations and impacts of such programs? This article examines each of these questions and identifies critical conceptual, theoretical, and research gaps in the literature. It highlights that the term “faith-based” is used inconsistently, that the precise causal relationship, if any, between various measures of faith and crime remains in question, and that few rigorous evaluations of faith-based reentry programs exist. It then discusses recommendations for improving knowledge and practice.     

Institutional change in the European Parliament: balancing legislative ethics and parliamentary independence

Research on legislative ethics has shown how scandals often trigger ethics reform; yet, the content of the reform often differs from that of the scandal. Why is this the case? And if scandals don't explain legislative ethics reform outcomes, then what does? If not this kind of external shock, then what factor(s) shape legislative reform outcomes? These questions provide the point of departure for a case study of the European Parliament's 2011 ethics reform. Drawing from the legislative ethics literature and from recent theories of institutional change, the article examines the impact of the scandal that initiated the reform, the interests and strategies of reform agents who wanted a quick reform process that would not undermine the EP's independence; and the institutional order in which those actors were embedded. It argues that an institutional logics perspective offers a convincing and comprehensive account of EP ethics reform, and suggests a new analytical framework that might be used by researchers in future research on legislative ethics.     

Legal,Psychological, and Behavioral Outcomes

States have responded to the public's outrage at rising juvenile crime by revising their transfer statutes to make it easier to transfer juvenile offenders for trial and sentencing in criminal court and possible incarceration in adult prisons. These changing trends in juvenile justice raise three questions about what actually happens to juveniles once they are in the adult criminal justice system. To what extent does trial in adult court and/or incarceration in adult prisons promote or retard community protection, juvenile offenders' accountability, and the development of competencies in juvenile offenders? This article discusses state transfer laws and the legal consequences of criminal court prosecution, and analyzes current research on deterrence effects of transfer laws, conviction and sentencing in juvenile versus criminal court, recidivism rates in juvenile versus criminal court, and conditions and programming in juvenile versus adult correctional facilities. The research findings have two important implications for juvenile justice policy: the number of juvenile cases transferred to criminal court should be minimized, and imprisonment of juveniles in adult facilities should be avoided whenever possible. These implications are discussed, and directions for future research are identified.     

Do juvenile drug courts reduce recidivism?: Outcomes of drug court and an adolescent substance abuse program

Juvenile drug courts have emerged as “innovative” responses to juvenile drug offenders, but comparatively little is known about their operations. This paper presents results of a retrospective comparison of drug court participants to an adolescent substance abuse program (ASAP) to examine which participants fared better in terms of future recidivism. Using data collected from official case files, we compared recidivism levels for all juveniles (n = 150) terminated from drug court between 1996 and 1999 with those of a random sample of juveniles (n = 158) terminated from ASAP during 1994 and 1995. Biand multivariate analyses were conducted to identify whether significant differences existed between the groups concerning re-arrest (recidivism) over a 24-month post-release observation period. Study results highlighted by logistic regression analyses suggesting that juveniles in drug court were no more likely to recidivate than were juveniles in ASAP is a positive finding for the drug court program and is an indication that the program is working, especially given the serious nature of this juvenile offender population.     

Juvenile Drug Court Program Admission,Demeanor and Cherry-Picking: A Research Note

The influence of demeanor in criminal justice research has predominantly centered on arrest and sanctioning outcomes. This study examines demeanor at the juncture of juvenile drug court admission by attributing behavior perceived to be favorable or unfavorable to program compliance and success to either juveniles or their parents/guardians. Analysis of 76 juvenile drug court case files enabled examination of how parent and child demeanor impacts specialty court admission. Findings suggest that program admittance (i.e., system leniency through diversion) is largely a function of projected attitude and behavior during screening interviews, but selection decisions are made irrespective of demeanor source. Implications of the findings for drug court processes and continued system involvement 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.     

AGE DIFFERENCES IN DELINQUENCY: A TEST OF THEORY*

This study tests an integrated theoretical model of delinquency on a representative sample of 341 male New Jersey adolescents. The model is a modified version of Hirschi's control theory that integrates, in part, cultural deviance theory. This study addresses two questions: (1) how well does the theory explain delinquency within different adolescent age groups? and (2) does the salience of individual components in the model differ from one age group to another? Path analysis indicates that parameter estimates vary substantially across age groups The influence of parents and the school peak considerably in midadolescence while the influence of delinquent companions is greatest among the oldest male group. The findings indicate that the processes related to delinquency change considerably as youths age through adolescence, thus implying that the issue of “age generalizability” warrants greater attention than presently given in delinquency theory and research.     

Trends in Adult Suicides in New Mexico: Utilizing Data from the New Mexico Violent Death Reporting System*

Abstract: Although many suicide prevention programs focus on youth suicides, data indicate the vast majority of suicides occur among adults (18–64 years). In 2005 New Mexico joined the Centers for Disease Control and Prevention’s National Violent Death Reporting System, collecting data on suicides, homicides, and unintentional firearm fatalities to better inform state and national prevention programs. We utilized data collected by the New Mexico Violent Death Reporting System in its first 2 years of operation (2005 and 2006) in order to define the demographic patterns of adult suicides in the state and characterize risk factors. A total of 526 suicides occurred among adults during this time, with the majority being male (78.5%) and White non‐Hispanic (56.7%). The highest incidence was in adults between 45 and 54 years (28.1%). Firearms were the most commonly used mechanism, and “current depressed mood” the most commonly identified risk factor. High rates of adult suicide indicate the need for targeted prevention programs.     

Evaluation of a restorative justice-based,community-based program for people who have offended sexually: participant impact

Community Justice Initiatives, Kitchener, Canada, offers a Restorative Justice program called Revive to people impacted by sexual harm, including men who have offended sexually. This volunteer-led program treats participants with compassion while holding them accountable for sexual harm perpetrated. Program goals include reducing isolation, promoting self-awareness, and fostering healing. Based on restorative justice principles, positive community reintegration and reduction of further sexual offending are the ultimate goals of the program.

We evaluated information from a questionnaire administered at intake, after the 7-week phase, and again after participation in the peer-support group. Participants responded quantitatively about the impact of Revive on six sexual offense-related outcomes statements (e.g., gaining understanding of their triggers, understanding why they sexually offended). They also indicated the impact of Revive on psychosocial dimensions such as stigma perception and social support. Qualitative questions further elucidated the experience of Revive participation. Findings suggest that Revive has an impact on self-understanding of why they sexually offended, victim empathy, as well as stress reduction and increased self-esteem. We conclude that the restorative justice framework is a very hopeful, positive one and that the Revive program is effective at enacting restorative justice-based principles.     

The judicial response to crime and the criminal: A utilitarian perspective

This paper examines the hypothesis that the sentencing decision of the criminal court is consistent with utilitarian principles and that the judiciary uses the length of incarceration as an instrument for the maximization of societal well-being. A theoretical model is developed, whose principal arguments are offender and offense attributes, resource costs, the availability of alternative sanctions, and the general crime rate. Four questions are considered: (i) How does a utilitarian court respond to a general increase in crime? (ii) How does the availability of alternative sanctions affect the length of incarceration ? (iii) How does a utilitarian court respond to offenders who are more likely to recidivate? (iv) How does the court respond to offenders who commit more serious offenses? The model is empirically evaluated, using cross-sectional data for the state of Georgia for individuals sentenced to prison in 1978 for a UCR index offense. The theoretical model provides few specific behavioral rules for the court to follow. Answers to the foregoing four questions are shown to depend upon both the efficacy of sanctions and the cost of the administration of those sanctions. It is not possible to predict, for example, how a utilitarian court should respond to a rise in crime or how it should respond to offenders who are likely to commit more serious offenses. The empirical analysis shows that, in fact, the sentence length varied inversely with the general offense rate, with the likelihood of imprisonment, and with the length of postprison probation. The evidence also indicates that sentences vary with the individual's original record but not with the offender's age or race. With the exception of possible gender bias, the court's sentencing behavior was consistent with utilitarian principles.