Predictors of principals’ perceptions of school resource officer effectiveness in kentucky

In recent years, many states have increased the presence of law enforcement at schools in response to a perception that schools have become unsafe places for children. The data regarding the impact of school resource officers (SROs) on school safety are limited, however. Using survey data collected from 128 principals, we examine the impact of SROs on perceptions of school safety among school administrators in Kentucky. Results indicate that most principals in Kentucky feel that SROs provide a valuable addition to school safety in their schools; however, the results also reveal the importance of communication between principals, SROs, and law enforcement supervisors regarding the nature of the SRO role. The implication of these findings and their impact on future policy is also discussed. An earlier version of this paper was presented at the annual meetings of the American Society of Criminology, Denver, CO, 2003.     

Family involvement, independence, and patient autonomy in practice

The legal debate about patient autonomy focuses mainly on mental capacity and provision of information. The influence of the family on the decisions of the competent adult patient has scarcely been discussed in English medical law. Dominated by the bioethical principle of individual autonomy, the law concentrates on the patient and takes an exclusionary stand regarding relatives. Hence, the aim of this article is to examine the attitude of English law towards the involvement of relatives when patients make decisions, and to investigate the views and experiences of patients and their relatives in reality. To fulfil this aim, a qualitative study was carried out in six NHS trusts in England. The study was based on in-depth interviews conducted with patients who suffer from long-term illnesses, and their relatives. In the interviews, patients stated that the relatives assisted them in making informed decisions about treatment. Patients said that relatives had an influence on the decision-making process and on the decision itself, but also reported that ultimately relatives left the final decision to the patient. The findings reflect a relational approach to patient autonomy. When making decisions about treatment, patients needed to know that their relatives would support them no matter what they decided. However, exceptional cases which demonstrated substantial familial influence suggest that the law should secure the patient's interest in making their own decisions. In light of these findings, it is argued that the current exclusionary attitude expressed in English medical law towards the role of relatives should be changed.     

Outsourcing,Discretion, and Administrative Justice: Exploring the Acceptability of Privatized Decision Making

This study explores what happens to administrative justice and to the acceptability of frontline decisions in privatized and marketized models of service. Through the case study of privatized welfare‐to‐work in Israel, it shows the fundamental tension between outsourced discretion and traditional conceptions of administrative justice in which the trustworthiness of decisions relies on the idea that decision makers have no personal interest in the outcome of their decisions. It finds that in the Israeli case, contractors' financial interests were widely perceived as putting their professionals into a conflict of interest, thereby undermining trust in their decisions. At the same time, the study finds the program's managerial performance mechanisms did not provide an alternative legitimacy argument for the acceptability of decisions. The study also analyzes the ways policy makers reconstructed the decision‐making systems to regain public acceptance of frontline decisions, while discussing both the potential and the limits of legitimizing outsourced discretion in such complex public services.     

The assessment of capable guardianship measures against bullying victimization in the school environment

Abstract

Policymakers, school officials and the law enforcement community have expanded legal tools and other strategies to address bullying in recent years. This has resulted in a larger and more challenging role for law enforcement officers working in school settings. The present study seeks to understand the ways in which local law enforcement officers interpret this new role and their efforts to prevent and respond to bullying. We draw upon Routine Activities Theory as a lens to view officer perceptions of promoting guardianship and reducing target suitability of young people most at-risk for bullying victimization. Data collected from qualitative interviews of law enforcement officers working with local schools, suggest that officers see a role for law enforcement in promoting guardianship around this health and safety concern, but recognize the limitations of using arrest authority. They emphasize promoting trust and building relationship in efforts to support potential and current bullying victims.     

“YOUTH IS ENMESHED IN A HIGHLY DYSFUNCTIONAL FAMILY SYSTEM”: EXPLORING THE RELATIONSHIP AMONG DYSFUNCTIONAL FAMILIES,PARENTAL INCARCERATION,AND JUVENILE COURT DECISION MAKING*

Although prior work has substantiated the role of external attributes in juvenile court decision making, no study to date has examined how family situational factors as well as maternal and paternal incarceration affect juvenile court officials' responses to troubled youth. Using quantitative and qualitative juvenile court data from a large urban county in the southwest, this study draws on attribution theory to examine how family structure, perceptions of family dysfunction, and parental incarceration influence out‐of‐home placement decisions. Findings reveal that juvenile court officials' perceptions of good and bad families inform their decision making. This study emphasizes the need to unravel the intricate effects of maternal and paternal incarceration and officials' attributions about families and family structure on juvenile court decision making.     

Using Hawkins's Surround,Field, and Frames Concepts to Understand the Complexities of Special Measures Decision Making in Crown Court Trials

Adjustments to criminal trial processes, called special measures, are available to vulnerable and/or intimidated witnesses giving evidence. Findings from interviews with 13 criminal practitioners suggest that there are notable variations in the uptake of special measures between prosecution witnesses, defence witnesses, and the accused in Crown Court trials. These extend beyond any inequality in their legal provision. This article uses Keith Hawkins's conceptual framework of surround, field, and frames as a heuristic device to understand this differential uptake. The framework delineates the various factors – including the socio‐political, organizational, and attitudinal – which can influence decision‐making practices in relation to special measures. In doing so, this article demonstrates two things. First, that changing the legal provision is unlikely to effect much change in practice, absent specific complementary changes to the field. Second, that Hawkins's framework has potential as an explanatory device in decision‐making contexts outside his own health and safety setting.     

Faith in the Court: Religious Out‐Groups and the Perceived Legitimacy of Judicial Decisions

The question of whether judges’ personal characteristics and values bias their decision making has long been debated, yet far less attention has been given to how personal characteristics affect public perceptions of bias in their decision making. Even genuinely objective judges may be perceived as procedurally biased by the public. We hypothesize that membership in a religious out‐group will elicit stronger public perceptions of biased decision making. Using a survey experiment that varies a judge's religious orientation and ruling in a hypothetical Establishment Clause case, we find strong evidence that judges’ religious characteristics affect the perceived legitimacy of their decisions. Identifying a judge as an atheist (a religious out‐group) decreases trust in the court, while identifying the judge as a committed Christian has no bearing on legitimacy. These results are even stronger among respondents who report attending church more often. Thus, we argue that perceptions of bias are conditioned on judges’ in‐group/out‐group status.     

Teachers' Duty to Report Child Abuse and Neglect and the Paradox of Noncompliance: Relational Theory and “Compliance” in the Human Services

Based on in‐depth interviews with thirty‐eight individuals on the front line of child welfare (educators, mothers, and child protection workers) this study analyzes the attitudes behind educators' acknowledged noncompliance with mandatory reporting of child abuse and neglect by teachers. Regulatory theory posits that “compliance” is affected by a mix of sanctions, capacity, motivation, and the perceptions of legitimacy and moral purpose associated with particular rules. Paradoxically, while the educators in this study were knowledgeable and supportive of the rule in principle, their accounts of reporting decision making were highly contextualized and ambivalent. The interview data suggests that existing theories of compliance may be usefully supplemented with an explicitly relational approach that better accounts for decision making in the contexts of care and dependency that characterize regulatory fields of human services such as education and child welfare.     

Lawyers' Perceptions of the U.S. Supreme Court: Is the Court a “Political” Institution?

Do legal elites—lawyers admitted to federal appellate bars—perceive the Supreme Court as a “political” institution? Legal elites differentiate themselves from the mass public in the amount and sources of information about the Court. They also hold near‐universal perceptions of Court legitimacy, a result we use to derive competing theoretical expectations regarding the impact of ideological disagreement on various Court perceptions. Survey data show that many legal elites perceive the Court as political in its decision making, while a minority perceive the Court as activist and influenced by external political forces. Ideological disagreement with the Court's outputs significantly elevates political perceptions of decision making, while it exhibits a null and moderate impact on perceptions of activism and external political influence, respectively. To justify negative affect derived from ideological disagreement, elites highlight the political aspects of the Court's decision making rather than engage in “global delegitimization” of the institution itself.     

Intensive teaching in law subjects

The use of intensive teaching is increasing in Australian law schools. For some Australian law schools, most of their masters subjects are now taught on an intensive basis. This article reviews the literature on intensive teaching. The observation is made that there has been little discussion in the literature of the merits of such teaching in law schools. The article also reports the results of a statistical analysis comparing the student evaluations of a subject in the masters program of an Australian law school that was taught on an intensive basis with the student evaluations of the same subject taught by the same teacher across a full semester. Finally, the article reports the results of interviews with teachers at one Australian law school that makes extensive use of intensive teaching in its masters program. The teachers identify successful teaching techniques and they also identify some challenges with intensive teaching.     

Developments in educational legislation in Germany The program of the school – a new word in German school legislation

This article describes a conflict within the development of German schools towards more autonomy: by law the schools have to develop their own school program to describe the aims and goals of the school. But schools lack the knowledge to do so, and financial support can only be given in very rare cases. So this key element for the development of autonomous schools may not fulfil its purpose.     

Empty Ethics and Reasonable Responsibility: Vocabularies of Motive among Law and Business Students

Despite professional nonns of being socially responsible and providing service to the underprivileged, the attitudes of law students toward ethical duties and public service bear similarities to those of business students. Using data from multiple interviews with luw and business school students at one university, 1 find that these attitudes develop in response to the expectations of peers and professors during school experiences. Ethics courses are marginalized by the schools, and courses focus on such pragmatic issues as the professional code of conduct (law school) or how the appearance of social responsibility affects the bottom line (business school). Provided with little guidance on what they might do when they encounter real ethical dilemmas, students karn vocabularies of motive concerning how lawyers and managers should balance profits, cany out responsibilities to various stakeholders, and weigh ethical concerns, and they then moderate their own expressions of extreme self-interest or self-sacrifice. Both groups learn to maintain social responsibilities only within reason, emphasizing the separation of work from personal convictions. These elements have implications for the perfonnuwe of public service in their future careers, as well as for a scholarly understanding of professionalism.     

SEVERE SANCTIONS,EASY CHOICE? INVESTIGATING THE ROLE OF SCHOOL SANCTIONS IN PREVENTING ADOLESCENT VIOLENT OFFENDING*

Although schools in the United States adopted harsher disciplinary policies in the early 1990s, to date, there is little evidence showing whether severe school sanctions against student misconduct prevent crime. Drawing on both deterrence and rational choice theories, we test the proposition that harsh school‐based policies against violence reduce students’ involvement in violent behavior. However, in contrast to prior research that explores the direct link between sanctions and student behavior, we emphasize the role of school sanctions in adolescent cognitive decision‐making processes, hypothesizing that school sanctions against violence condition the effect of thoughtfully reflective decision making (TRDM) on adolescent involvement in violent behavior. We use data from the first two waves of the National Longitudinal Study of Adolescent Health to test our research hypotheses. The results from a series of multilevel models show that more severe school sanctions against violence (i.e., home suspension and expulsion) disarm the process of cognitive reflection and attenuate the effect of low TRDM on violent offending.     

Judges,Conflict, and the Past

Drawing upon interviews with senior judicial figures in Northern Ireland, South Africa and elsewhere, this article considers the role of the judiciary in a political conflict. Using the socio‐legal literature on judicial performance and audience as well as transitional justice scholarship, the article argues that judges in Northern Ireland ‘performed’ to a number of ‘imagined’ audiences including Parliament, ‘the public', and their judicial peers – all of which shaped their view of the judicial role. In light of ongoing efforts to deal with the past in the jurisdiction, and the experiences of other transitional societies, the article argues that the judiciary can and should engage in a mature, reflexive and, where appropriate, self‐critical examination of the good and bad of their own institutional history during the conflict. It also argues that such a review of judicial performance requires an external audience in order to encourage the judiciary to see truth beyond the limits of legalism.     

Just Cognition: Scientific Research on Bias and Some Implications for Legal Procedure and Decision‐Making

Common law judges have traditionally been concerned about bias and the appearance of bias. Bias is believed to threaten the administration of justice and the legitimacy of legal decision‐making, particularly public confidence in the courts. This article contrasts legal approaches to bias with a range of biases, particularly cognitive biases, familiar to scientists who study human cognition and decision‐making. Research reveals that judges have narrowly conceived the biases that threaten legal decision‐making, insisting that some potential sources of bias are not open to review and that they are peculiarly resistant to bias through legal training and judicial experience. This article explains how, notwithstanding express concern with bias, there has been limited legal engagement with many risks known to actually bias decision‐making. Through examples, and drawing upon scientific research, it questions legal approaches and discusses the implications of more empirically‐based approaches to bias for decision making and institutional legitimacy.     

Cause Lawyers,Political Violence,and Professionalism in Conflict

This article examines how cause lawyers in conflicted and authoritarian societies balance their professional responsibilities as lawyers with their commitment to a political cause. It is drawn from extensive interviews with both lawyers and political activists in a range of societies. It focuses on the challenges for lawyers in managing relations with violent politically‐motivated clients and their movements. Using the notion of ‘legitimation work', it seeks to examine the complex, fluid, and contingent understandings of legal professionalism that is developed in such contexts, offering three overlapping ‘ideal types’ of cause lawyers in order to better understand the meaning of legal professionalism in such sites: (a) struggle lawyers (b) human rights activists and (c) a ‘pragmatic moral community'. The article concludes by re‐examining how law is imagined in the legitimation work of cause lawyers in such settings and how that work is remembered in the transition from violence.     

Unincorporated Treaties and Small States

For small, developing, common law dualist jurisdictions aspiring to good governance based on the rule of law, their written constitutions are normally expressed to be their supreme law which regulates the allocation of governmental powers and accords their citizens a measure of predictability in the evaluation of their civil rights and determining their civic responsibilities. Predictably, therefore, competent decision‐makers of such states are extremely wary of international developments in treaty‐making and judicial decision‐making which, unwittingly or by design, operate to subject the interpretation and application of their supreme law to external determinants hostile or indifferent to their indigenous value systems. In the premises, dualism as historically understood and practiced by small, weak, sovereignties is seen as a normative prophylactic device for safeguarding and sustaining their preferred values. Drawing on a wealth of case law and legal literature, this article undertakes an in‐depth evaluation of the legal ramifications of unincorporated treaties on dualist jurisdictions, with particular emphasis on small Caricom Member States. Reference is made to the Caribbean Court of Justice (CCJ), which has been called upon to examine and pronounce on recent innovative determinations of the Judicial Committee of the Privy Council (JCPC) and which have been expressed by competent regional decision‐makers to introduce unacceptable levels of uncertainty into the administration of criminal justice in the Caribbean Community. It is submitted that the determinations of the JCPC reached in Thomas v Baptiste and reaffirmed in Neville Lewis v Attorney‐General of Jamaica, which ratified unincorporated treaties concluded by the executive, appear to have far‐reaching negative implications for the Member States of the Caribbean Community.     

论诸法学流派对法律方法的理论支援

法律方法理论不仅受规范法学理论的制约和支持,而且也受其他法学流派的制约和支持。不同法学流派所支持的具体法律方法不尽相同。如价值法学之于价值衡量、社会法学之于事实替代、规范法学之于效力识别、经济分析法学之于利益衡量、多元论法学之于法律续造等,都更容易产生支持效果。尽管不同法学流派各自支持不同的法律方法,但这不否定某一法律方法受多个法学流派理论支援的情形,也不否定一个法学流派可以支持多种法律方法的情形。     

Brazilian Adolescents’ Just World Beliefs and Its Relationships with School Fairness,Student Conduct,and Legal Authorities

Prior research has demonstrated that adolescence is a sensitive period to develop their belief in a just world (BJW), both general and personal. Research has found significant relationships between BJW, perceptions of school fairness, student conduct, and perceptions of legal authorities. However, no research has combined these constructs in one model to get a broader picture of how adolescents construct their worldview of fairness and how this influences their compliance with authorities. This study analyzed 475 Brazilian adolescents across three schools. A partially mediated and a mediated model were tested to determine if students’ BJW relate directly or indirectly to student conduct and perceptions of legal authorities through school fairness. The partially mediated model best fit the data. Personal BJW predicted students’ perceptions of the school fairness, which predicted student conduct. General BJW and school fairness predicted adolescents’ perceptions of legal authorities. Perceptions of school fairness are influenced by Personal BJW and are predictive of students’ conduct and opinions of legal authorities. By analyzing multiple constructs simultaneously, this study provides a picture of how these overlapping conceptualizations of justice interact. Students who do not believe their school is fair are less likely to respect and abide by the rules and are more likely to also expect unfair treatment from law enforcement and judicial officials. This study points to the importance of students’ perceptions of justice at school and highlights the far-reaching implications of students who do not perceive or expect justice in their lives.     

学生同居受处分的法律思考——论学校自主管理权保障与学生合法权益保护之谐调

近年来,学校成为被告的频度不断增高,学校在很多争议中成为社会关注的焦点。实际上,争议的核心在于学校的自主管理权问题。笔者认为,依法维护学校的自主管理权是非常重要的。而学校自主管理权的基本内涵是:学校的管理活动,不违法即合法。通过对学生同居受处分这一典型案例的剖析,笔者提出了实现对学校自主管理权保障与学生合法权益保护之谐调的期待。