When Am I My Group? Self-Enhancement Versus Self-Justification Accounts of Perceived Prototypicality

The tendency to view the self as a prototypic member of a group is thought to be at the foundation of many social psychological phenomena. Two opposing accounts of perceived prototypicality have been suggested in the psychological literature. The self-justification account portrays this as a defensive tendency that occurs in response to threatened group status. The self-enhancement account portrays this as a strategic tendency to associate the self with positively viewed groups. These competing views were tested using both a minimal group (Study 1) and a naturalistic group (Study 2). Both studies showed that perceived prototypicality increased with increasing group status. Moreover, the effect of status was moderated by group importance (Study 1) and behavioral choice (Study 2). Both interaction patterns supported the self-enhancement view, suggesting that people view themselves as prototypic group members when doing so will promote a positive identity. These findings contradict common statements in the social identity literature.     

“Membership in a Particular Social Group”: International Journalists and U. S. Asylum Law

At least thirty non-U.S. journalists in the last decade have argued in U.S. Courts of Appeal that U.S. immigration authorities erroneously denied their asylum applications based on persecution in their native countries. However, only about 20% of journalists were successful, mirroring the approximate national asylum success rate for all applicants. The U.S. Immigration and Nationality Act does not include journalism as a basis for asylum, but some circuit court judges have stated that reporting on systemic official corruption is inherently political and, as a result could be grounds for asylum for persecuted journalists. A 2007 opinion from the U.S. Board of Immigration Appeals defining “particular social group,” a key requirement for asylum, is examined for its application to journalists.     

Who Am I?: Using Reflective Practice and Self-determination to Redefine ‘Employability’ in Legal Education

Liverpool Law Review - This study examines the value of undergraduate law students undertaking structured and assessed reflective practice as part of their studies, in the context of competing...     

To Test or Not To Test?: The Value of Toxicology in a Delayed Overdose Death

A case demonstrating the necessity of thorough death investigation processes where toxicology plays an active role is presented. A 33‐year‐old white man presented to the emergency room in respiratory distress after an overdose episode where he was revived on the scene by fire rescue. His condition continued to deteriorate and he expired 6 days after the initial incident. No admission specimens were available for testing; however, there were specimens drawn 4 and 5 days after the incident. Drug paraphernalia from the scene was obtained by the laboratory through collaboration with local law enforcement. Drug paraphernalia was initially tested in the laboratory and after obtaining the results, the antemortem and postmortem specimens were tested identifying mitragynine and U‐47700, among other drugs. These results indicate the value in obtaining and testing drug paraphernalia, and the value of testing antemortem specimens even in the event of a delay.     

Punishment and Rights in European Union Citizenship: Persons or Criminals?

While European Union (EU) citizenship has traditionally been key to limiting criminalisation at national level, over recent years crime has become a criterion to distinguish between the good and the bad citizen, and to allocate rights according to that distinction. This approach has been upheld by the EU Court of Justice (CJEU) in its case‐law, where crimes show the offender's disregard for the societal values of the host Member States, and deny his/her integration therein. This article argues that citizenship serves to legitimate criminal law. The Court outlines two—counterposing—types of human being: the law‐abiding citizen and the criminal. The article shows the legal unsoundness of the Court's approach. It does so by analysing and locating the case‐law over a crime–citizenship spectrum, marked at its opposing ends by Duff's communitarian approach to criminal law, on the one hand, and Jakobs' criminal law of the enemy, on the other.     

Arrest and the Amplification of Deviance: Does Gang Membership Moderate the Relationship?

Although research has found that gang suppression efforts are largely ineffective, these policies have been responsible for the arrests of many gang youth. Prior research indicates that arrest is associated with deleterious consequences, but we know less about how arrest uniquely affects gang members. Using longitudinal data from a school-based sample, this study explores the effects of arrest for both gang and nongang youth. Propensity score matching and matched outcome analyses allow us to determine whether gang membership moderates the effect of arrest on later deviant outcomes. Our results indicate that the consequences of arrest are inconsistent with the goals of suppression tactics, with gang members reporting little to no change in deviant attitudes and peers and modest increases in delinquency. Meanwhile, nongang youth experience a range of consequences associated with arrest, including increased odds of gang-joining.     

File-sharing and downloading: goldmine or minefield?

Legal context: Major copyright owners have been slow to rise to the challengepresented by illegal file-sharing and downloading. In recentyears, they have scored a number of significant Court victoriesagainst file-sharers, but the recent decision in Promusicaev Telefónica, in which the ECJ held that the right tothe protection of industrial property does not necessarily outweighthe right to privacy, indicates that rights holders may benefitfrom a more creative and co-operative approach to file-sharing. Key points: The author provides an analysis of the Promusicae decision,along with a summary of the statutory position in the UK. Thisis also accompanied by a review of the recent internationallitigation landscape on file-sharing and a review of currentattitudes towards addressing illegal filesharing, includingrecent proposals from the British Government and the EuropeanParliament and new models of co-operation between rights holdersand file-sharing service providers. Practical significance: The Promusicae decision will disappoint copyright owners. TheECJ decision left it to Member States to determine whether thereshould be an obligation to disclose personal data in order toprotect copyright, so long as the interpretation of the lawattempts to reconcile the parties' competing rights and principlesand demonstrates proportionality. Copyright owners will, therefore,have to tailor enforcement strategies to individual Member States.This will hamper their ability to take action against individualinfringers efficiently. In addition to litigating against infringers,however, they may benefit from the new models of co-operationbetween copyright owners and file-sharing services which areemerging.     

Russia and Ukraine: Transition or tragedy?

Conclusion The political-criminal nexus that emerged in the post-Soviet period represents a transformation of the relationships which existed in the Soviet period. The division of the property of the Soviet state gave ample possibilities for the political-criminal nexus to obtain significant political assets. They were able to transform their power from one that was rooted in the managerial apparatus of the Soviet state and the consumer economy into one with international dimensions and control of very large shares of the domestic economy. The rise of the political-criminal nexus, while hardly surprising in light of the structure of power relations in the final decades of the Soviet period, precludes full democratization or the rise of a real market economy. In the initial years of the transformation process from a socialist to a post-socialist economy, insufficient attention was paid to the containment of the political-criminal nexus in both Russia and Ukraine. Most Western politicians and international organizations focused on the collapse of communism rather than the rise of these pernicious alternative power relationships. The prognosis for the containment of the political-criminal nexus in either country is rather limited at the moment. Ukraine, however, is at a comparative disadvantage because it has failed to sufficiently acknowledge the high costs of organized crime and its political links. This has been done at the highest levels of Russian government although precious little has been done to address the problem. The Ukraine situation is more difficult because its institutional resources are much more limited than Russia which inherited a disproportionate share of the Soviet Union's financial and institutional resources. With limited civil society and the economic precariousness of much of the population, little can be done to control the problem at its roots. The political-criminal nexus in Russia and Ukraine will remain a serious problem in coming decades. It cannot be ignored in appraising the development of the domestic political situation in either country or determining foreign policy in relation to these two newly independent states.     

Peer Group Delinquency and Sexual Victimization: Does Popularity Matter?

Though a large body of research has found that peer social network characteristics influence both offending and victimization, relatively little is known about the influence of social network characteristics on adolescent sexual victimization. Attractiveness and sociability largely indicate popularity for teenage females, which in turn leads to earlier onset of dating, greater dating options, and potential risk of sexual victimization—an observation not tested in the criminological and criminal justice literature. We suggest and evaluate 2 competing hypotheses: that popularity within a network insulates females from sexual victimization and that popularity may increase exposure to delinquent others and facilitate sexual victimization. Results suggest that popularity does not have a consistent effect but instead that its role is conditioned by the deviance of the network. Popularity is associated with an increase in the likelihood of victimization when peer deviance is high but with a decrease when peer deviance is low. We further demonstrate that an interaction between a female's own drinking and the proportion of her friends that are male strongly affects her likelihood of sexual victimization. Implications for policy and future research are explored.     

A Reputation Held Hostage? Commercial Mug Shot Web sites and the Trade in Digital Shame

A cottage industry has flourished recently by engaging in philosophical extortion through the exploitation of open records laws. Various commercial Web sites obtain and publish publicly available mug shots, the booking photographs required of arrested individuals. These mug shots are elevated to the top of search results and can damage reputations and employment prospects. The Web sites then trade on the humiliation by offering to remove the photographs for a fee, subverting the intent of open records laws by monetizing information removal. In 2013, a right-of-publicity lawsuit filed against a handful of Web sites yielded a flurry of news articles that brought the issue to the public's attention. Since then, fourteen states have enacted laws targeting the Web sites' business practices. This article analyzes both the applicability of the right-of-publicity claim and the constitutionality of the state laws, ultimately advocating that states adopt narrow laws limiting the business practices of these particular Web sites, a solution that balances both openness and privacy concerns.     

Should I stay,or should I go? self-legitimacy of attorneys in an authoritarian state

Crime, Law and Social Change - In non-democracies, lawyers face various constraints ranging from the absence of acquittals or violations of their clients’ rights to threats and criminal...     

‘Am I Free Now?’ Overseas Domestic Workers in Slavery

This article examines United Kingdom overseas domestic worker and diplomatic domestic worker visas in place since 2012. These visas tie workers to an employer by making it unlawful for them to change employer, even when seriously exploited or abused. The article presents the findings of a qualitative study of overseas domestic workers, exploring how this vulnerable and difficult (for researchers) to reach group experience these visas in practice. Workers reported instances of exploitation and abuse by the employers with whom they arrived in the United Kingdom. Having escaped, they have become undocumented, and are trapped in ongoing cycles of exploitation. The article assesses what light this empirical exploration sheds on the question of whether the visa is contrary to the prohibition of slavery, servitude, forced and compulsory labour in article 4 of the European Convention on Human Rights and the UK Modern Slavery Act 2015.     

Privacy and Search Engines: Forgetting or Contextualizing?

This article considers the much‐criticized ‘right to be forgotten’ in the context of the European Court of Justice's judgment in the Google Spain case. It defends the ‘right to be forgotten’ as a metaphor that can provide us with a better understanding of the particular privacy concerns of the search‐engine age and their interaction with the freedom to access information, and draws on Goffman's idea of ‘information games’ and Nissenbaum's theory of ‘contextual integrity’. While supporting the principles that underpin the judgment, the article rejects the Court's binary approach of ‘forgetting’ versus ‘remembering’ personal information. Instead, it argues that the EU legislator should introduce more nuanced means of addressing modern privacy concerns. By establishing two remedies – ‘delisting’ or ‘reordering’, depending on the nature of the information – online information flows can be adjusted to preserve both the right to privacy and the freedom to access information in more contextually appropriate ways.     

Salvation or damnation?: Religion and correctional ideology

Fundamentalist affiliation and religious beliefs are generally related to more punitive attitudes toward criminals. Fundamentalists also tend to attribute criminality to individual dispositional factors, and in turn, such factors are related to punitiveness. Recently, it has also been found that compassionate dimensions of religion are related to treatment-oriented policies. It is still not clear which dimensions of religion are related to punitive or treatment ideology and what effects religious variables may have when tested against secular concerns about crime and crime attributions. In the present research, we test three models of punitiveness and one model of rehabilitation with demographic, secular, religious, and attributional factors. We found that those for whom religion is salient in their daily lives tend to believe that the death penalty should be reserved for older offenders and that those who believe in a punitive God tend to support harsher punishments.     

White-Collar Crime in Socialism: Myth or Reality?

Previous research on the determinants of police expenditures has not risen to the level of empirical understanding in large part because it has failed to explain substantively important variation among local jurisdictions. This suggests a need to reevaluate research strategies and to examine closely those cases which cannot be predicted using traditional, social, economic, and environmental approaches. Incorporating deviant case analysis, the authors outline an alternative approach to determine whether policy maker variables should be added to more broadly based models.