Not Just a Boy's Club

Abstract

The extant literature suggests that habitual criminality among women is rare and that female career criminals are ostensibly nonexistent. Using the criminal records of 500 male and female adult recidivists, this study applies the concept of career criminality to women and describes how this application has specific gendered elements. Like their male peers, women are chronic, versatile offenders engaged in violent, property, and public-order offending. Women are disproportionately engaged in forgery, fraud, and prostitution whereas men are disproportionately engaged in rape, robbery, and aggravated assault. No gender differences existed for a variety of additional offenses and criminal justice system statuses. However, significant gender differences exist for social demographic characteristics, such as age and timing of onset, and criminal career parameter indicators, such as span of criminal career. These data and analyses indicate that the career criminal classification has important implications for criminal career research and gender-based criminology.     

The Jury Persuaded (and Not): Computer Animation in the Courtroom

In two experiments, we examined the persuasiveness of computer animation on juror decision making by comparing animation to diagrams in two mock trials—a plane crash case and a car accident case. The persuasiveness of the animation on verdicts was dependent on the case; in the plane crash case, participants rendered verdicts in favor of the side presenting the animation. In the car accident case, the animation had no effect on verdicts. The role of familiarity with the depicted scenario is discussed as a possible explanation for the differing impact of animation. Additionally, jurors' expectations about the persuasiveness of animations were discrepant with the animations' actual influence on jurors' verdicts.     

Courtroom Context and Sentencing

This study provides an evaluation of the major policy shift in sentencing practices over the past half-century – namely the shift from indeterminate to determinant sentencing policies and the use of sentencing guidelines. The theoretical literature on courtroom organization and focal concerns informs this evaluation of determinate sentencing practices in Florida. Drawing from prior theoretical and empirical research, hierarchical linear and generalized linear models are estimated to assess courtroom effects on individual level sentencing outcomes. The findings document that location matters when sentenced in Florida. Specifically, the likelihood of being sentenced to prison and the length of sentence varies across counties, even after controlling for individual case and offender characteristics and a variety of contextual characteristics. Additionally, the influence of legal and extra-legal factors on prison in/out and sentence length decisions varies significantly across counties. Several court characteristics, including court size, caseload pressure and trial rate assert direct influence on a county’s likelihood of prison in/out and mean sentence length decisions.

     

The Journalist in the Courtroom

"Proceedings in all courts shall be open to the public." Such is the content of Article 157 of the Constitution of the USSR. The principle that judicial proceedings are to be open to the public—a principle that is contained in the nation's highest legislative act—is of enormous practical significance. The fact that judicial proceedings are open to the public is a guarantee that procedural norms are scrupulously observed in the process of examining the materials of a case, thereby substantially reducing the probability of judicial error. It goes without saying that the further improvement of social oversight over the work of law enforcement agencies is a necessary condition to the democratization of public life. What is more, the openness of judicial proceedings to public scrutiny is a powerful means for the legal education of citizens and of forming a truly socialist legal conscience.     

The Innocent in the Just War Thinking of Vitoria and Suárez: A Challenge Even for Secular Just War Theorists and International Law

Vitoria and Suárez defend the categorical immunity of the innocent not to be intentionally killed. But they allow for inflicting collective punishment on the innocent and the noninnocent alike during and after a just war. So they allow for deliberately harming them. Inflicting harm on the innocent can often result in their death. Hence, holding both claims seems incoherent. First, the objections against using the term “innocent” are explained. Second, their views on just war are explored. And third, by appealing to Aquinas' double‐effect reasoning, it is shown how they try to avoid the above‐mentioned incoherence. Still, their appeal might be insufficient to palliate the tension between the above‐mentioned claims. If just wars are possible, the deliberate harming of the innocent is reasonably unavoidable for defeating and punishing those who wage them. Hence, defenders of just wars, whether from a religious or a secular perspective, must live with such a tension.     

Courtroom Discourse and the Gendered Construction of Professional Identity

In addition to providing an arena for dispute resolution, the courtroom serves lawyers and judges as an important site for the construction and maintenance of their Professional identity. It is mainly through the strategic use of language within the constraints on courtroom discourse that this process takes place. Within the framework of feminist theories of language as constituent of social identity, this paper analyzes courtroom interaction to determine how gender affects the construction of the Professional identity of lawyers and judges in Israeli district courts. Quantitative analyses of terms of address, intrusions, judges'takeover of examinations, challenging comments, and the forms and use of directives indicated that women judges and women lawyers were accorded less deference than men, and that the Professional competence of women lawyers was challenged and undermined. The qualitative analysis of the off-the-record comments by judges, lawyers, and witnesses to lawyers revealed that all participants questioned the professional performance of women lawyers in gender-stereotypic ways. The devaluation of women professionals and the gendered interpretations of their behavior enacted through the discourse in the courtroom may have implications for the outcomes of trials.     

Courtroom Applications of Virtual Environments, Immersive Virtual Environments, and Collaborative Virtual Environments

This article examines the possibilities and implications of employing virtual environments (VEs), immersive virtual environments (IVEs), and collaborative virtual environments (CVEs) in the courtroom. We argue that the immersive and interactive reality created by these tools adds significant value as a simulation of experience to enhance courtroom practice. The obvious boundaries between real and virtual enhance the attractiveness of these tools as technologies of rhetorical persuasion that can be used to demonstrate subjective perspective, strengthen or impeach the credibility of witnesses, and provide the trier of fact with a better understanding of each side's perception of the facts at issue. The article introduces the concepts of VEs, IVEs, and CVEs, describes the manners in which these technologies have been applied to settings other than the courts system, and review the relevant psychological and legal literature. It discusses specific applications of the technology to the court system and suggests how it could improve upon current procedures. Finally, it discusses some of the limitations and problems, and suggests legal reforms necessary to the adoption of these technologies, specifically rules of procedure that provide for all parties to be able to access, manipulate and inspect any virtual environment, the trier of fact to be able to interact with, rather than just accept the lawyer's rendition, and rules that provide for the parties to introduce at trial an inventory of all digital assets contained in the virtual environment, making those that are stipulated to and those that are in controversy.     

Victorious Transsexuals in the Courtroom: A Challenge for Feminist Legal Theory

Transsexual and transgendered people, despite their exclusion from most civil rights laws, nonetheless occasionally prevail as plaintiffs in litigation. What should feminist legal theorists make of these victories? The theory one uses to win has implications for future conceptions of gender and sexuality in the law as well as for understanding contemporary conflicts and alliances among sex and gender theorists, lawyers, and activists. Conflicting theories of how to ground law's liberation claims abound, however. Evidence suggests that transsexuals secure legal victories only through a disheartening process of medicalization, normalization, and demonstration of traditional sex and gender role adherence. Recent cases, however, reveal some interesting destabilizations in law's account of the transsexual, and they provide critical legal scholars with a new perspective on rights‐claiming as a liberation strategy. Attention to the diversity of transsexual and transgendered priorities as well as to the properties of the legal process shows feminist legal theorists how to navigate the problems of identity construction and legal protection raised here sympathetically but unromantically.     

Just deserts for recidivists

Mark Kleiman, Against Excess: Drug Policy for Results New York: Basic Books, 1992. 474 pp. + xvi.     

刑事庭审话语与被追诉人的人权保障

刑事被诉人的诉讼权利是人权保障的主体和核心.而诉讼权利的实现和保障要以语言为媒介.因此,对刑事庭审话语的研究是揭示刑事诉讼中的人权保障现状和问题的最有说服力的工具和研究视角.以刑事庭审的详实的语料为切入点,分析中国刑事庭审中存在的被追诉人人权保障,特别是诉讼权利保障的问题,并结合这些语料,对我国的刑事庭审改革提出自己的思路和见解.     

The German Courtroom Film During the Nazi Period: Ideology, Aesthetics, Historical Context

This essay examines the films of the Nazi period concerned with questions of justice and the administration of the law. It traces the ways in which law films developed prior to the Nazi era. It notes the apparent paradox of the Nazi obsession with questions of justice, law, and legality which are found in their strictly controlled film output. The use of film as a mass propaganda weapon affected legal subjects and this can be seen as a means of creating consensus. This centred on the role of the state in creating a system which allowed the individual to be integrated into the mythical folk community. Those who threatened this social cohesion were depicted as threats to the common sense of ordinary people and this stretched from propaganda films into comedies.     

Lessons from Morality-Based Social Identity: The Power of Outgroup “Hate,” Not Just Ingroup “Love”

Based on the unique features of morality, we suggest that group memberships rooted in moral convictions are a special classification of inherently threatening social groups in which outgroup “hate” naturally occurs with ingroup “love.” Three studies explored emotional reactions to ingroups and outgroups by individuals whose group memberships were either morality-based or non-morality-based. Results of each study indicated that individuals in morality-based groups reported less positive ingroup emotions and more negative outgroup emotions and threat than did those in non-morality-based groups. Additionally, strength of morality-based identification was predicted by attitudes about both the ingroup and the outgroup, but only attitudes about the ingroup predicted identification for non-morality-based groups. Together, these studies suggest a necessary interdependence of ingroup positivity and outgroup negativity for social groups based in morality. We conclude that negative outgroup-related emotions may be just as important as positive ingroup-related emotions for social identification based on moral convictions.     

对法官庭外调查权的反思--从刑事诉讼价值角度的分析

基于对实体真实的追求 ,修改后的刑事诉讼法保留了法官的庭外调查权。但是 ,由于不具备基本的诉讼形态且与诉讼的基本原理相违背 ;法官的庭外调查不仅对实现实体真实有不利的一面 ,而且必然损害程序正义的实现。因此 ,建议取消法官的庭外调查权 ,相应地完善控辩举证制度。     

Insider Gang Knowledge: The Case for Non-Police Gang Experts in the Courtroom

Drawing on data from surveys and interviews administered to non-police gang experts, the authors argue that police gang detectives are often erroneous in their definition of gang membership and gang-related crime. Police gang experts often mistake signs of urban youth culture for gang membership and criminal conspiracy. Evidence is presented on the ways in which knowledge about gangs is often determined by the social position of the gang expert. Former gang members and community workers may demonstrate a more nuanced and accurate knowledge of gangs than gang detectives. We see the admission of non-police gang expert testimony to the courtroom as a viable way of countering social perceptions that view aspects of gang membership and racial membership interchangeably and possibly help counter disproportionate prison sentences bestowed upon black and Latino youth.